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Supreme Court Tells IRS: 3 Years Is Plenty of Time To Audit

The Internal Revenue Code generally gives the IRS 3 years to audit a tax return.  That period is extended to 6 years when there is a greater than 25% of omission of gross income.  In the April 25, 2012, U.S. Supreme Court decision in U.S. v. Home Concrete & Supply LLC, the high court reduced... Read More


Marital Settlement Agreement Protects “Separate” Assets from Creditors

Litke O’Farrell, LLC was awarded a judgment against Richard Tipton in August 2009.  In January 2011, as part of their divorce, Richard, and his wife, executed a Marital Settlement Agreement (MSA) .  Under the MSA, Mr. Tipton was solely responsible for the judgment owed to Litke. Two weeks after the... Read More


How To Protect Investment Real Estate

You have worked for years to accumulate your investment real estate, whether condos, single family residences, apartment buildings, office buildings or shopping centers. Now you are being sued and the valuable equity is at risk. What are the mistakes you made that have exposed that valuable equity to... Read More


Lawsuit Settlements, Taxable or Not Taxable?: Personal Injury Settlements

Parties to a lawsuit often believe settlement proceeds received in a personal injury lawsuit are not taxable by the Internal Revenue Service (IRS).  This is generally true, but not always. Actual damages received for a physical injury or sickness are not taxable.  IRC Section 104(a)(2).  This includes... Read More


IRS Provides Guidance to Determine the Statute of Limitations for Gift Tax Returns

The Internal Revenue Service (IRS) has issued interim guidance to its agents on how determine the statute of limitations for gift tax returns.  IRS SBSE Memorandum, SBSE-04-1211-101.  Whenever any gift tax return is selected for examination, agents now have the authority to audit every gift tax return... Read More


Buying A Business

For a sophisticated investor, buying a business is often more attractive than starting one. By purchasing an existing business you acquire cash flow and profit; have an existing customer base and, generally, employees. The benefits are that you do not have to set up new procedures and structures; acquire... Read More


Buy-Sell Agreements

A buy-sell agreement is a legally binding contract between the owners of a closely held business, which might be organized as a corporation, partnership or LLC, which specifies the terms under which one owner  will buy the stock or interests of another owner. This is also known as a buyout agreement. The... Read More


IRS Revises Threshold Requirements for Innocent Spouse Relief

The IRS has revised its rules to help a spouse get equitable relief from income tax liability.  See Rev. Proc. 2003-61, 2003-2 C.B. 296  which addresses Internal Revenue Code Sections 66(c) and 6015(f).  The new revisions address the criteria used to make innocent spouse relief determinations and... Read More


Los Angeles Attorney Explains Why Domestic Asset Protection Trusts are an Integral Part of Asset Protection Plans

A Domestic Asset Protection Trusts (DAPT) is a trust document that protects an individual’s assets from creditors.  A DAPT must meet five criteria to be valid: Must be irrevocable; Have an independent trustee (someone other than the beneficiary); The trustee must reside in a state with strong asset... Read More


Client Testimonial: Expert Los Angeles Estate Planning Attorneys – Bruce Givner & Owen Kaye

Los Angeles Tax and Estate Planning attorneys Bruce Givner & Owen Kaye deliver superior planning and results. They go beyond the call of duty to ensure client’s needs are meet. To learn more or to speak to an attorney contact us today. The Law Offices of Givner & Kaye, APC (310) 207-8008  Read More →