The Thursday Report – 7.25.13 – New LLC Terms, BP Oil Spill Claims and Disregarded Entities

Special Anniversary Edition

6 Catastrophic BP Oil Spill Claim Mistakes, an article by John Goldsmith and Alan Gassman

Ken Crotty’s LLC Clinic – Changing Terminology in Operating Agreements Under the New Florida LLC Act

Don’t Disregard the Disregarded Entities Tax Reporting Requirements (DDD-ETRR), Part 2

New Seminar and Webinar Announcements

Research on Google

Lawyers in History: The Impact of Law Practice on Their Lives and Careers – Thomas Jefferson

More of Our Favorite Albert Einstein Quotes:

Two things are infinite: the universe and human stupidity; and I’m not sure about the universe.

If you can’t explain it to a six year old, you don’t understand it yourself.

We welcome contributions for future Thursday Report topics. If you are interested in making a contribution as a guest writer, please email Janine Gunyan at Janine@gassmanpa.com.

This report and other Thursday Reports can be found on our website at www.gassmanlaw.com.

6 Catastrophic BP Oil Spill Claim Mistakes, an article by John Goldsmith and Alan Gassman

            For those of you who missed it, we were fortunate to have attorney John Goldsmith of the Trenam Kemker law firm join us on Wednesday, July 17, 2013 and Wednesday, July 24, 2013 for two very informative webinars on the BP Oil Spill claims process.  To view the July 24 webinar please click here.   The deadline for filing a claim is April 22, 2014, but a great many claims have already been filed.  John has studied the BP situation extensively, and his firm is keeping current with settlements and pronouncements associated therewith. He has handled over 30 appeals and has received many positive results.  John has also had the opportunity to correct many errors that have been made on BP claims, and to learn from these.

BP agreed in April of 2012 to accept and pay claims made based upon the best of 171 formulas and without the need for a lawsuit or dickering over many issues.  In exchange for this BP was relieved from paying punitive damage claims in the industries this applies to.

Consequently many legal and accounting firms are actively representing BP claimants in exchange for a percentage of the recovery, but we believe that most of these firms are not aware of very important legal and practical information and needed steps and analysis that will result in their clients not receiving what would be allowed and their percentage fee being lower than it would otherwise be.  There is no doubt that plaintiff law firms will be advertising and working malpractice cases against many lawyers and accountants as a result of this.

There are many ways that a professional and his or her client can leave themselves open to settling for far less than is possible.  Six of those ways are profiled below:

1.         Not using the most-favorable method of calculating the client’s loss.

Not using the highest-yielding lost revenue calculation is perhaps the easiest way for a professional to find him or herself facing a malpractice claim.  Anyone filing a claim for economic loss is entitled to use the calculation that results in the highest dollar amount.  According to John, there are 171 different ways to calculate a client’s losses.  Failing to find and utilize the right one could have serious implications for you and your client.  Businesses located in different geographic zones (Zones A though D) will require different calculations (i.e. V Test, Modified-V Test, Decline-Only Test, etc.).

2.         Not following the BP settlement terms as to what constitutes fixed variable expenses.

Professionals calculating a client’s lost revenue must use the current claims system’s definitions of fixed and variable expenses.  These calculations have a substantial impact on the amount of a claim. The current system for filing oil spill claims, which is currently scheduled to close on April 22, 2014, stems from BP’s class action settlement agreement that was approved by the court in December 2012.  This claims system is separate from, and independent of, the original Government Accountability Project (GAP) claims system.  The GAP system used a different method of calculating fixed and variable expenses than what is stipulated in the current BP settlement agreement.

3.         Not performing a Step 2 analysis.

Not performing a Step 2 analysis may mean your client’s claim amount comes in far lower than it otherwise could have.  Calculating the dollar value of a claim based on change in net revenue is called the Step 1 analysis.  Step 2 analysis involves a company that enjoyed increasing or steady revenue early in 2010, but then faced decreased revenues in the months immediately following the April 2010 spill.  The BP claims administrator is supposed to do this Step 2 analysis, but at the same time, the administrator is not required to make assumptions that benefit the claimant.  The professional representing the claimant needs to know this extra analysis should be performed; the best way to do that is make sure the analysis is done before the claim is ever submitted.

4.         Not using the correct, or the most favorable time period for calculating your client’s claim.

One mistake being made with some of these claims is that the most-favorable time period is not being used to calculate the client’s economic loss.  To initially qualify for an oil spill claim, the claimant has to show the loss of income over a three-month period in 2010, compared with the same periods in 2009, 2008, or 2007.  What is sometimes missed, however, is the same time period does not have to be used to calculate the amount of the claim.  Simply relying on the time period used to verify initial qualification, rather than examining multiple time periods for the greatest loss, could result in a lower claim for the client and a malpractice suit for the professional.

5.         Using off-the-shelf or faulty software to calculate your client’s claim.

Relying upon faulty software and not knowing about the nuances contained in published BP administrator decisions and other under-publicized factors can hurt both claimants and the professionals attempting to help them.  There are software programs available online that assist professionals in calculating BP oil spill claims.  Some are good and some are not, but what these programs cannot do – and what it is imperative for claimant’s advocates to do – is keep abreast of the constantly changing claims administration process.  Rulings by the claims administrator affect how issues are addressed going forward; software alone cannot incorporate these changes and the resulting calculations that were right one week may be wrong the next.  Keep in mind that there are hundreds of such rulings.

6.         Not thoroughly reviewing your client’s website, press releases, and other factual circumstances.

Professionals filing BP oil spill claims need to know that a client may have his or her claim disqualified because of information released into the public domain.  Certain businesses, such as insurance companies and trust companies, are prohibited from filing claims.  If a website, press release, or even the client’s public or regulatory filings indicate that the company participates in one of the prohibited industries, the claims administrator or BP can use that as evidence that the claim should be thrown out.  Thorough representation should include a careful review of all of these materials as well as the implementation of a pre-publication review system for any new materials before their release.

It seems clear that anyone handling BP claims needs to be very careful, and it certainly appears that law firms and CPA firms should be working together, and not in lieu of one another, to make sure that the financial, logistical, and legal aspects are covered.

Under the practice of law rules it will require a lawyer to handle any appeal, and BP has apparently been appealing almost all professional service corporation and professional individual claims for losses in the past months.  Clients need to be made to understand how complicated and uncertain this process can be.

Any questions, suggestions or ideas that you might have concerning BP claims can be shared with John at jgoldsmith@trenam.com.  We are also interested in your questions, comments and suggestions on BP claims as well.

Ken Crotty’s LLC Clinic – Changing Terminology for Operating Agreements Under the New Florida LLC Act

The new Florida LLC Act has changed some of the terminology that used to exist under the old Act.  It is important that practitioners and clients be aware of these changes to avoid unintended results.  We will discuss more of these changes in future Thursday Reports and want to focus in this report on the managing member.

The Act has removed the concept of a managing member.  Under the old act, an LLC could have a managing member instead of a manager.

Under the new Act, if the operating agreement states that it has a managing member then the LLC will be treated as a member-managed LLC.  The managing member will not be considered to be a manager, and therefore the LLC will not be a manager-managed LLC.

One of the reasons this is significant to note is because if an LLC is member-managed, then the consent of all of the members is required to amend the operating agreement.  For many clients, they will not want minority members to have to consent to the amendment of an operating agreement.  Therefore, if the client has an LLC operating agreement which would be considered to be a member-managed operating agreement under the new Act, during 2014 and before the LLC elects to have the new Act applied to it, the operating agreement should be changed so that the member who was the “managing member” of the LLC is now the manager of the LLC.  As a result, the LLC would be deemed to be a manager-managed LLC and the operating agreement could be further modified without the unanimous consent of all the members.

A second reason this could be important is that the new Act requires an LLC to update its information that is stated in the Articles of Organization when it becomes inaccurate.  In a manager-managed LLC the duty to update this information falls on the manager.  However, in a member-managed LLC the members are the ones who are required to keep this information current.  This could cause a member of a member-managed LLC to have potential liability if someone relied on incorrect information in the Articles of Organization, even if such member was a minority member had no effective control over the LLC.

Don’t Disregard the Disregarded Entities Tax Reporting Requirements (DDD-ETRR), Part 2

By: Kenneth J. Crotty, J.D., LL.M.

This is part 2 of a 2 part article on this topic, which discusses electing small business trusts and other issues with disregarded entities.  Ken’s article “Disregarded Entity Reporting Requirements appears in the July 24, 2013 Business Entities Email Newsletter on the LISI network.  To read the article please click here.

If the owner of a disregarded single member LLC has exempt status from federal income tax, then the LLC is not required to (1) pay federal income tax, (2) file a federal tax return, or (3) file an informational return.  Any such requirement to file a federal tax return or informational return on behalf of the LLC is the responsibility of the owner rather than the LLC.  A disregarded entity has the option to report and pay employment tax for its employees.

The federal income tax-exempt status of the sole owner will also apply to a disregarded single member LLC.  If the owner of a disregarded LLC is claiming exempt status, the owner must treat the finances and operations of the LLC as its own for federal tax and information reporting.  The LLC’s disregarded status is with respect to its classification as a separate entity, but the LLC is treated as an activity of the sole owner.  Any entity activities that are outside the tax-exempt purposes of the sole owner may impact the tax-exempt status of the owner, and may even create tax liability.

It is important to note that if the owner of the disregarded LLC has exempt status, the LLC should not file a Form 1023 or Form 990 exemption application.  By filing this application, the previously disregarded LLC will become an organization that is treated as separate from its owner.  If the owner of the LLC is concerned that transactions with or by the LLC may cause the owner to lose its exempt status, then the owner should request a private letter ruling.

If an LLC elects to be regarded as an entity separate from its owner on a Form 8832 or becomes an entity with two or more owners, then Section 508 of the Code applies to trigger the exemption notification requirements.  Subsequently the LLC must apply for federal tax exemption recognition, within the 27 month period after the end of the month when the LLC is no longer a disregarded entity.

ESBTs (Electing Small Business Trust)

A Grantor Trust is eligible to be a shareholder of an S corporation if all of the trust is owned by an individual.  Often planners who have clients selling or gifting ownership interests in S corporations to gifting trusts that are Grantor Trusts will also have the trust make an election to become an Electing Small Business Trust or “ESBT.”  By making this election, if another person contributes assets to the gifting trust causing it to no longer be a solely owned gifting trust, this will not cause the loss of the S corporation status because an ESBT is an eligible shareholder for S corporations.

An ESBT can have multiple shareholders or beneficiaries.  It can also accumulate its own income, and may distribute both principal and accumulated income to beneficiaries.  In order to make the ESBT election:

1.         All trust beneficiaries must be individuals, estates, and charities, or must meet other specific requirements described in §170(c)(1) or §170(c)(2)-(5), as applicable;

2.         Trust interests must not be available for purchase; and

3.         The Trustee of the trust must file for the ESBT election.

Certain trusts are prohibited from making an ESBT election including (1) Qualified Subchapter S Trusts; (2) Charitable remainder annuity trusts; and (3) Charitable remainder unitrusts.

Pursuant to Treasury Regulations, an ESBT has an “S Portion,” a “non-S Portion,” and if the trust is a Grantor Trust a “Grantor Portion.”

If a solely owned Grantor Trust has made an ESBT election, then the Grantor Portion comprises 100% of the Trust.  During the lifetime of the Grantor the trust is subject to the regular taxation rules that apply to Grantor Trusts.  The Grantor’s income tax return will reflect any income, deduction and credit that can be attributed to the ESBT which is considered to be owned by the Grantor.

After the death of the grantor, the Grantor Portion ceases to exist and the items of income and deduction for the trust need to be split between the S Portion and the non-S Portion.  This point often confuses practitioners.  After the death of the grantor of a wholly owned Grantor Trust, the resulting trust or trust are not taxed as normal simple or complex trusts.

The portion of the ESBT that consists of any assets other than the S corporation stock will compromise the non-S portion.  The income included in the non-S Portion will also consist of any corporation distributions classified as dividends, as well as interest accrued for installment payments for the sale of S corporation stock.  For the non-S Portion of the trust, the taxation of this portion of the trust is governed by the normal tax rules applicable to non-Grantor Trusts.

This is not true for the S Portion of the ESBT.  The S Portion of an ESBT, that is not a Grantor Trust, is treated as a separate trust and the taxable income is calculated separately.  The income of the S Portion includes:

1.         Any gains and losses on disposition of S corporation stock;

2.         The items of income, loss, deduction or credit required to be taken into account by an S corporation shareholder by §1366 and the regulations thereunder, except for the items mentioned above in the calculation of the non-S Portion’s income;

2.         Income taxes and administrative expenses related to the assets of the S Portion of the trust and any interest expense paid or accrued on indebtedness for acquiring S corporation stock.

Generally, the income calculated for the S portion of the trust is taxed at the highest marginal rate for trusts.  It is important to note that capital gains are not subject to tax at this highest rate.

Because assets of the S Portion of the trust are a separate part of the ESBT, the income and deductions from such items are excluded when calculating the distributable net income (DNI) of the ESBT.  The S Portion is not allowed a deduction if these items are distributed to the beneficiaries and the beneficiaries may not include such distributions when calculating their personal income.

New Seminar and Webinar Announcements

Below we have listed our most recent webinars and seminars for your reference. 

ESTATE TREK: DEEP SPACE NINE – An Update to Our EstateView Estate Planning Software – Attendees will receive free use of our software program.

On Wednesday, July 31, 2013 at 12:30 pm, Alan Gassman, Kenneth Crotty, Christopher Denicolo and software developer David Archer will be discussing our new estate planning software and the recent updates which include a client explanation letter that will automatically calibrate to the planning strategies, inserting appropriate numbers, client names, amounts, and other data.  Attendees will receive free use of our software as beta testers.  To register for the webinar please click here

WHAT CLIENTS ARE AND ARE NOT SUITABLE FOR LONG TERM CARE INSURANCE

Rob Cochran of Long-Term Care Insurance Services, LLC in Orlando, Florida will join Alan Gassman for a webinar discussing what clients are suitable for long term care insurance on Thursday, August 29, 2013 at 5pm for a 30 minutes webinar.  Rob is the author of two books Pills and Bills and  The Truth About Long Term Care Insurance (click here for more information) To register for the webinar please click here.   We have purposefully gone outside of our market area to find Mr. Cochran in order to facilitate an objective discussion of what clients will or will not be considered as appropriate to buy long term care insurance.  Many people would be able to rely upon Medicaid and cannot afford the premiums.  Others would be able to afford home care, and it would be tax deductible.

PLANNING FOR SNOWBIRDS: Tips, Traps and Tactics for Advisors with Clients in Florida – An Encore Presentation

Bloomberg BNA Tax & Accounting will be replaying our presentation from May 28, 2013 on Planning for Snowbirds on Wednesday, August 7, 2013 at 12:30 p.m., and we will attend to provide live question and answer responses at the end of the replay.  If you want to send us any questions now we will be ready for you and also respond in writing beforehand.  The cost of this webinar is $348 for the webinar plus CD, $249 for the webinar only or $249 for the CD only.  To register for this webinar please click here.   For discount access to this product email agassman@gassmanpa.com

FINANCIAL PLANNING ASSOCIATION (FPA) TAMPA BAY 2013 FLORIDA SYMPOSIUM – A TWO DAY SEMINAR

Alan Gassman will be joining Ken Zahn, CFP at the Financial Planning Association (FPA) Tampa Bay 2013 Florida Symposium.  The Symposium is a two day event on Monday, August 19 and Tuesday, August 20.  Alan Gassman will speak Monday, August 19 at a time to be determined.

ZahnKen_160x160

Ken Zahn, is a very well known and respected CFP course author and lecturer.  He has a great sense of humor, amazing common sense, and most importantly he reads the Thursday Report.  Ken has also provided us with very good advice for the next improved version of our software.

Other notable speakers at the Symposium include Elizabeth Jetton, CFP, Linda Chamberlain, JD, CMC and Dale Van Scoyk, GFS.  On Tuesday afternoon there will be a 2 hour program that will fulfill the CFP ethics portion of the recertification process.  For more information and to register for this webinar please click here

Please plan to attend this excellent event.

AVE MARIA SCHOOL OF LAW

On April 25, 2014, Ave Maria school of law will be hosting the 1st Annual Estate Planner’s Day.

Notable speakers for the event include Professor Jerry Hesch, Jonathan Gopman and, possibly by mistake, Alan Gassman.  The event is hosted by Ave Maria School of Law in Naples, Florida and is sponsored by the law school and the Collier County Estate Planning Council. 

For more information on this event please contact agassman@gassmanpa.com.

Research on Google

If you want to see a write-up of any topic that has been covered in our Thursday Reports just search “Thursday Report Gassman” and type in the topic and you will find that every Thursday Report covering that topic comes up.  Google directs you right to the page where that topic begins.  You can also search our website directly by using the search box on the top right hand side of the page.  This way you can search not only the Thursday Report but the other resources on our website.  You can view our website by clicking here.   Rumors that the Thursday Report has acquired Google are strenuously denied.

Lawyers in History: The Impact of Law Practice on Their Lives and Careers – Thomas Jefferson

Rounding out the month of July and the celebration of the birth of our nation, this week we are highlighting perhaps one of the most influential people of the time, Thomas Jefferson.  Born in 1743, Thomas Jefferson is noted as one of America’s Founding Fathers.  At the age of 16 Jefferson entered the College of William and Mary in Williamsburg, Virginia, where he first met George Wythe, with whom he clerked after graduating from college in only 2 years.

He practiced as a circuit lawyer for several years and represented Albemarle County in the Virginia House of Burgesses.  He was also a delegate to the Second Continental Congress beginning in June of 1775.  During his time in the Second Continental Congress, Jefferson became friendly with John Adams and Samuel Adams.  As the Congress progressed and began to consider drafting a resolution of independence a committee was formed with both Adams and Jefferson on it.  After the committee discussed the details of the document, they voted to have Thomas Jefferson write the first draft.  This document is now known as the Declaration of Independence.  Thomas Jefferson wrote the Declaration of Independence over a period of 21 days with limited time to work on the document.  He drew inspiration from the Virginia Constitution and the Virginia Declaration of Rights.

If you have not seen the musical video “1776” you will find it to be very interest.  Also, if you have not toured Independence Hall in Philadelphia you have really missed out.

On June 28, 1776 the final draft of the Declaration was presented to Congress and after several days of debate and voting, Congress made several changes to the document, eliminating almost a fourth of the text.  The document was ratified and signed on July 4, 1776 thus beginning the start of our nation.

Before becoming president, Jefferson was involved in several different aspects of our political system including:

  • Serving in the Virginia House of Delegates from 1776 until 1779;
  • U.S. Minister to France from 1785 until 1789;
  • Elected Governor of Virginia in 1779 and re-elected in 1780;
  • Becoming the Virginia Delegate in the Congress of Confederation;
  • Proposed that American currency be based on the decimal system.  (His plan was later adopted and put into place.)
  • Served as Secretary of State in George Washington’s cabinet from 1790 to 1793 during which time his letter to President George Washington set forth the founding principles of the Democratic Party.
  • Brokered a deal for the capital to be located on the Potomac River, now Washington, D.C.

Thomas Jefferson was almost always on the edge of insolvency, yet he donated his entire personal library to become the first Library of Congress.  He is also now well known for having co-habitated with a slave, Sally Hemmings, and they had six children together, and apparently an excellent relationship.  Sally Hemmings was the daughter of planter John Wayles and an enslaved woman, Betty Hemmings.  Thomas Jefferson’s wife was Martha Wayles Skelton, daughter of the same John Wayles and therefore half-sister to Sally Hemmings. 

In 1796 Thomas Jefferson ran for President as the Democratic-Republican candidate.  He lost to John Adams but had enough votes to secure the position of Vice President.  During his term as Vice President he sought to reform the duties and abilities of the Senate.

In 1800, Jefferson was elected President of the United States during a time when the Democratic-Republican and Federalist parties were at odds with each other.  In fact, Jefferson and one of his opponents, Aaron Burr, were tied for votes in the electoral college for the position of President.  Thomas Jefferson won out over Aaron Burr, due in part to the support of Alexander Hamilton, who was later shot in a duel with Aaron Burr.  Aaron Burr became Vice President.

Jefferson was known as the “People’s President” and during his term as President:

  • Ohio was admitted to the union (we will forgive him for this).
  • He authorized the Louisiana Purchase which doubled the size of the United States;
  • He negotiated the purchase of New Orleans from France, and won, thus purchasing New Orleans (this makes up for Ohio – even Columbus was disappointed);
  • Appointed Lewis and Clark on an expedition into the newly acquired territory; and
  • The U.S. Military Academy at West Point was started.

After a second term as President, Thomas Jefferson retired and sought to establish the first college not based on the principles of a church and urged the separation of church and state.  The University of Virginia was the first college to be centered around a library rather than a chapel.

Jefferson and Adams had a well known and very intense rivalry and love-hate relationship.

On July 3, 1826, Thomas Jefferson spoke his last words to his family and friends, stating “I have done for my country, and for all mankind, all that I could do, and now I resign my soul, without fear, to my God – my daughter to my country.”  He later passed around 1pm on July 4, 1826 on the fifteenth anniversary of the Declaration of Independence.  It is interesting to note that former President John Adams also died on the same day speaking his last words “Independence forever” and “Thomas Jefferson survives.”

Applicable Federal Rates

Please click here to view a chart of this month’s, last month’s, and the preceding month’s Applicable Federal Rates, because for a sale you can use the lowest of the 3.

Seminars and Webinars

MORE TWEAKS TO POA AND 50 SHADES OF RES JUDICATA – BINDING THE TRUST BENEFICIARY     

Please join us for this important and timely presentation – avoid being tied up in details that can cause negative client results and possible suffering.

Date: Monday, July 29, 2013 | 12:30 p.m.

Presenters: Tami Conetta, Esq. and Barry Spivey, Esq.

Location: Online webinar

Additional Information: To register for the webinar please click here.

ESTATE TREK: DEEP SPACE NICE – EVEN MORE UPGRADES TO OUR ESTATEVIEW ESTATE PLANNING SOFTWARE

ALL ATTENDEES WILL RECEIVE A LINK TO DOWNLOAD THE SOFTWARE FOR FREE THAT THEY CAN USE ON THEIR OWN CLIENT MATTERS FOR A NUMBER OF WEEKS

We now have the software issuing a client explanation letter and have improved other features as well.

Date: Wednesday, July 31, 2013 | 12:30 p.m. (30 minutes)

Presenters: Alan Gassman, Kenneth Crotty, Christopher Denicolo and David Archer

Location: Online webinar

Aditional Information: To register for the webinar please click here.

PLANNING FOR SNOWBIRDS: Tips, Traps and Tactics for Advisors with Clients in Florida – An Encore Presentation          

Our first presentation on this topic was so well received by Bloomberg BNA Tax & Accounting that they have asked us back for a replay of the original presentation.  There will be a live question and answer session at the end of the replay. 

Date: Wednesday, August 7, 2013 | 12:30 p.m.

Presenters: Alan Gassman, Gary Teblum, Kenneth Crotty and Christopher Denicolo

Additional Information: The cost of this webinar is $348 for the webinar and the CD, $249 for just the webinar or $249 for just the CD.  For more information and to register for this webinar please click here.

FINANCIAL PLANNING ASSOCIATION (FPA) TAMPA BAY 2013 FLORIDA SYMPOSIUM

Alan Gassman will be joining Ken Zahn, CFP for a joint seminar on A Brief Introduction on the Art of Wealth Protection Planning. This seminar will also include a demonstration of our new EstateView Estate Planning Software.  Attendees will also receive a link to download the software to use on their own clients matters for a number of week.  For more information and to register for this webinar please click here.

Date: Monday, August 19, 2013 | Time to be determined

Speakers: Elizabeth Jetton, CFP, Linda Chamberlain, JD, CMC, Ken Zahn, CFP and Alan Gassman, JD, LL.M.

Location: Marriott Westshore Tampa, 1001 N. Westshore Blvd, Tampa, Florida

Additional Information: For more information and to register for this webinar please click here.

  • THE JOINT EXEMPT STEP-UP TRUST (JEST)

Many lawyers are using our Joint Exempt Step Up Trust to enable clients in non-community property states to receive a stepped-up basis on all “joint trust assets” on the death of the first dying spouse.  Our Leimberg article on the Joint Exempt Step-Up Trust can be viewed by clicking here  and the accompanying chart can be viewed by clicking here.

The Ultimate Estate Planner, Inc. is also featuring our Joint Exempt Step Up Trust forms, client explanation letter and other materials on their website.  To order the forms you can click here.

Date: Wednesday, August 21, 2013 | 12pm Eastern/9am Pacific

Sponsor: The Ultimate Estate Planner, Inc.

Additional Information:  The cost of the teleseminar is $139 for the teleseminar only or $189 if you would like to receive both the teleseminar and the accompanying PowerPoint and downloadable PDF materials.  For more information and to register  please click here.

WHAT CLIENTS ARE AND ARE NOT SUITABLE FOR LONG TERM CARE INSURANCE

Date: Thursday, August 29, 2013 | 5:00 p.m.

Presneter: Rob Cochran

Location: Online webinar

Additional Information: To register for the webinar please click here.

AVOIDING THE TRAPS IN EMR/TECH CONTRACTS….NOW YOU TELL ME I’M STUCK WITH THIS FOR 5 YEARS!

Date: Tuesday, September 10, 2013 | 5:00 p.m and Thursday, September 12, 2013 | 12:30 p.m. (Each webinar will last 30 minutes)

Presenter: Sandra Greenblatt, Board Certified Health Lawyer

Location: Online webinar.

Additional Information: To register for the Tuesday, September 10, 2013, 5pm webinar please click here.  To register for the Thursday, September 12, 2013, 12:30 p.m. webinar please click here.

NIP & TUCK: MAKING THE CALL ON OFFICE-BASED SURGERY

Date: Wednesday, September 18, 2013

Presenter: Cheryl White, RN, BS, MSHL, LHRM, LNCC, MSCC, DFHRMPS and Lester Perling, J.D., MHA

Location: Online webinar

Additional Information:  To register for the webinar please click here.

NORTH SUNCOAST FICPA MONTHLY MEETING

Date: Wednesday, September 18, 2013, 4:30 – 6:30 p.m.

Speakers: Christopher Denicolo and Tom Davis will speak on the Affordable Care Act; Alan Gassman will be speaking on a topic to be determined.

Location: Chili’s in Port Richey

Additional Information: To attend this seminar please email agassman@gassmanpa.com

WEDU ESTATE PLANNING SEMINAR  

Gassman Law Associates meets Big Bird – Sesame Street vs. Wall Street?

Alan Gassman will be speaking on the topic of ASSET PROTECTION – ESSENTIAL KNOWLEDGE AND HOT TOPICS

Date: Thursday, September 19, 2013 | 7:30 am – 11:30 am

Location: WEDU PBS Berkman Family Broadcast Center – 1200 N. Blvd., Tampa, Florida

Additional Information:  If you would like to sign up for this seminar please email agassman@gassmanpa.com

NOTRE DAME TAX INSTITUTE

Jerry Hesch and Alan Gassman will be speaking on the topic of INTERESTING INTEREST QUESTIONS, PLANNING WITH LOW INTEREST LOANS, PRIVATE ANNUITIES, DEFECTIVE GRANTOR TRUSTS, AND PRIVATE AND COMMERCIAL ANNUITIES

Date: Wednesday, October 16 through Friday, October 18, 2013

Location: Notre Dame College, South Bend, Indiana

Additional Information: Professor Jerry Hesch’s Notre Dame Tax Institute will once again emphasize the importance of income tax planning and implications in addition to estate, estate tax, and related concepts.

We welcome questions, comments and suggestions for the presentation that we are assisting Jerry in preparing and presenting.

PINELLAS COUNTY ESTATE PLANNING COUNCIL HALF-DAY SEMINAR

Alan Gassman will be speaking on the topic of HOT TOPICS FOR ESTATE PLANNERS

Date: Wednesday, October 23, 2013 | 8:00 am – 12:00 p.m. (60 MINUTE PRESENTATION)

Location: TBD

Additional Information: To attend the meeting or to receive information on joining the Council please click here or email agassman@gassmanpa.com

2013 MOTE VASCULAR SURGERY FELLOWS – FACTS OF LIFE TALK SEMINAR FOR FIRST YEAR SURGEONS

Alan Gassman will be speaking on the topic of ESTATE, MEDICAL PRACTICE, RETIREMENT, TAX, INSURANCE, AND BUY/SELL PLANNING – THE EARLIER YOU START THE SOONER YOU WILL BE SECURE

Date: October 25 – 27, 2013 | Times TBD

Location: TBD

Additional Information: Please contact agassman@gassmanpa.com for additional information.

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION (ICLE) HEALTH LAW SYMPOSIUM – AN ALL DAY SEMINAR

Alan Gassman will be speaking on the topic of WHAT HEALTH LAWYERS NEED TO KNOW ABOUT FLORIDA LAW

Date: Friday, November 1, 2013 | 9am – 5pm (Mr. Gassman speaks from 1:10 pm until 2:10 p.m.)

Location: Seton Hall Law School, Newark, New Jersey

Additional Information: Seton Hall University in South Orange, New Jersey was founded in 1856, and they have remodeled since.  Today, Seton Hall has over 10,000 students in its undergraduate, graduate and law school programs and is in close proximity to several Kentucky Fried Chicken locations.

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION (ICLE)_SPECIAL 3 HOUR SESSION

Alan Gassman will be speaking on the topic of WHAT NEW JERSEY LAWYERS NEED TO KNOW ABOUT FLORIDA LAW – A 3 HOUR OVERVIEW BY ALAN S. GASSMAN

Date: Saturday, November 2, 2013

Location: Wilshire Grand Hotel, West Orange, New Jersey | 9am – 12pm

Additional Information: Please tell all of your friends, neighbors and enemies in New Jersey to come out to support this important presentation for the New Jersey Bar Association.  We will include discussions of airboats, how to get an alligator off of your driveway, how to peel a navel orange and what collard greens and grits are. For additional information please email agassman@gassmanpa.com

SALT LAKE CITY ESTATE PLANNING COUNCIL’S FALL ONE DAY “TAX AND DEDUCTIBILITY OF YOUR SKI TRIP” INSTITUTE

Alan Gassman will be speaking on the topic of PRACTICAL ESTATE PLANNING, WITH A $5.25 MILLION EXEMPTION AMOUNT

Date: Thursday, November 7, 2013

Location: Hilton Downtown Salt Lake City, Utah

Additional Information:  Please support this one day annual seminar conveniently located near skiing and tourism opportunities.  If you would like to attend this event or receive the materials please email agassman@gassmanpa.com

1st ANNUAL ESTATE PLANNER’S DAY AT AVE MARIA SCHOOL OF LAW

Speakers:  Speakers will included Professor Jerry Hesch, Jonathan Gopman, Alan Gassman and others.

Date: April 25, 2014

Location: Ave Maria School of Law, Naples, Florida

Sponsors: Ave Maria School of Law, Collier County Estate Planning Council and more to be announced.

Additional Information: For more information on this event please contact agassman@gassmanpa.com.

NOTABLE SEMINARS PRESENTED BY OTHERS:

48th ANNUAL HECKERLING INSTITUTE ON ESTATE PLANNING SEMINAR     

Date: January 13 – 17, 2014

Location:  Orlando World Center Marriott, Orlando, Florida

Sponsor: University of Miami School of Law

Additional Information: For more information please click here.

16th ANNUAL ALL CHILDREN’S HOSPITAL ESTATE, TAX, LEGAL & FINANCIAL PLANNING SEMINAR

Date: Wednesday, February 12, 2014

Location: All Children’s Hospital Education and Conference Center, St. Petersburg, Florida with remote location live interactive viewings in Tampa, Sarasota, New Port Richey, Lakeland, and Bangkok, Thailand

Sponsor: All Children’s Hospital

THE UNIVERSITY OF FLORIDA TAX INSTITUTE

Date: February 19 – 21, 2014

Location: Grand Hyatt, Tampa, Florida

Sponsor:  UF Law alumni and UF Graduate Tax Program

Additional Information:  Here is what UF is saying about the program on its website: “The UF Tax Institute will provide tax practitioners and other leading tax, business and estate planning professionals with a program that covers the most current issues and planning ideas with a practical, informative, state-of-the-art approach.  The Institute’s schedule will devote separate days or half days to individual income tax issues, entity tax issues and estate planning issues.  Speakers and presentations will be announced as the program date nears to ensure coverage of the most timely and significant topics.  UF Law alumni have formed the Florida Tax Education Foundation, Inc., a nonprofit corporation, to organize the conference.”

For details about each event, please visit us online at gassmanlaw.com/newsandevents.html

Thank you to our law clerks that assisted us in preparing this report.