Friday, January 19
8:45AM - 11:45AM
Individual and Family Taxation
Chair: Professor Roberta F. Mann, Widener University School of Law, Wilmington, DE
8:45am Opening Remarks by the Chair.
8:50am Will You Still Need Me: Income Tax Issues of Elderly
Clients. Elderly clients present many income tax issues,
from long-term care insurance to planned giving. This
panel will explore selected issues. Moderator: Professor
Roberta F. Mann, Widener University School of Law,
Wilmington, DE. Panelists: The Honorable Clay Shaw,
US House of Representatives, Washington, DC; David L.
Rice, David Lee Rice PLC, Torrance, CA; Amy Zipper,
Gunster Yoakley & Stewart PA, Ft. Lauderdale, FL.
10:15am The Effect of Murphy on Section 104 Deductions. On
August 22, the DC Circuit Court of Appeals held, in
Murphy v. IRS, that section 104 was unconstitutional
insofar as it failed to exclude from income an award of
damages for emotional distress and loss of reputation
when there was no physical injury present. This panel
will (a) review the basics of the section 104(a)(2)
exclusion for damages "on account of personal physical
illness or physical sickness"; (b) examine the state of the
section 104 doctrines potentially affected by Murphy;
and (c) consider what positions a practitioner may take
to be consistent with Circular 230 and legal ethics.
Moderator: Professor Bryan T. Camp, Texas Tech
University School of Law, Lubbock, TX. Panelists: GJ
Stillson MacDonnell, Littler Mendelson, San Francisco,
CA; Professor Christopher M. Pietruszkiewicz, Paul M.
Hebert Law Center, Louisiana State University, Baton
Rouge, LA.
