Preparing Fiduciary Income, Gift, and Estate Tax Returns
Practical Techniques for Effective Contracts
- Product Number: 2233144WFM
- Publication Date: 9/27/2022
- Edition: 3rd Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
Drafting and Negotiating Massachusetts Contracts provides you with the information you'll need to skillfully negotiate and draft a wide variety of contracts. The book's beginning chapters thoroughly explain the fundamental elements of common types of contracts and focus on providing you with useful drafting skills and information you can adapt to any type of contract. The later chapters delve into the details of drafting and negotiating specific types of contracts that you may encounter in your daily practice. With sample contracts, drafting tips, and step-by-step explanations, this practical book is a valuable resource for both new attorneys and seasoned practitioners.
Recent updates:
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Update: August 2024
Dear Subscriber:
Thank you for choosing to keep your volume of Drafting and Negotiating Massachusetts Contracts current with this 2024 edition. Inside, you will find new material on topics including the following:
- Essential contract terms—meeting of the minds. In chapter 2, find discussion of a 2023 Appeals Court case that contains a clear and comprehensive explanation of fundamental contract principles, while also highlighting typical modern factual circumstances involving email exchanges, counteroffers, acknowledgment and acceptance of changed terms, and modes of performance concerning the seller's breach of an "offer to purchase" mixed-use real estate.
- Representations and warranties. See chapter 4 for guidance on how to draft a contract where prior representations or warranties were made in a contract negotiation, and how to draft a document where there are no representations or warranties.
- Escrow agreements. Chapter 5 has updated example agreements in its exhibits.
- Noncompetition agreements. A practice note in chapter 7 discusses the recent developments relative to the Federal Trade Commission (FTC)'s vote to approve a final rule banning noncompetes with all workers 120 days after publication in the Federal Register, and invalidating existing noncompetes with all workers except senior executives.
- Leasing. Chapter 8 discusses the instances where a tenant may be unwittingly damaged by insufficient coverage in a lease. For example, where the landlord has liability for injuries sustained due to its negligence, courts, in a commercial context, do not imply an obligation on the part of the landlord to repair unless there is a specific covenant for the landlord to do so.
- Title 5 inspections. See chapter 9 for discussion of the situation where a tenant may be unwittingly damaged by insufficient coverage in a lease. The landlord's burden to make disclosures in writing within a certain time is discussed.
We at MCLE hope you will find this updated publication useful in your daily practice and in your law library. Thank you for your continued support as we work to continue "raising the bar" for Massachusetts lawyers.
Cordially,
MCLE Press
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Update: August 2024
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Table of Contents
Table of Contents
expand allChapter 1 expandTransitional Issues Arising from Legislation in the Early 2000s
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Exhibit 1A
- Sample Computations of Gift and Estate Tax to Show Potential Clawback (Using 2009 Forms) Buy FormChapter 2 expandIntroduction to Fiduciary Income Tax Returns
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Checklist 2.1
- Fiduciary Income Tax Checklist Buy FormChapter 3 expandLiability of Fiduciary
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Chapter 4 expandOverview of Income Taxation of Nongrantor Trusts and Estates
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Chapter 5 expandDecedent’s Final Income Tax Return
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Chapter 6 expandEstate Income Tax Returns
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Exhibit 6A
- Notice Concerning Fiduciary Relationship, Form 56 Buy FormExhibit 6B
- U.S. Income Tax Return for Estates and Trusts, Form 1041 Buy FormExhibit 6C
- Massachusetts Fiduciary Income Tax Return, Form 2 Buy FormExhibit 6D
- Application for Extension of Time to File, Form 7004 Buy FormExhibit 6E
- Application for Automatic Six-Month Extension, Form M-8736 Buy FormExhibit 6F
- Estimated Tax Worksheet, Form 1040 ES Buy FormExhibit 6G
- Estimated Tax Worksheet and Form Buy FormChapter 7 expandComputation of Taxable Income
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Exhibit 7A
- Example of 2020 Fiduciary Income Tax Return for a Complex Trust Buy FormChapter 8 expandDistributable Net Income—What It Is and How to Calculate It
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Exhibit 8A
- Sample Fiduciary Income Tax Return Buy FormChapter 9 expandGrantor Trusts and Reporting Options
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Chapter 10 expandSimple Trusts
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Chapter 11 expandComplex Trusts
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Chapter 12 expandDistribution Deductions
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Chapter 13 expandEffect of Distributions on Beneficiaries
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Chapter 14 expandIncome in Respect of a Decedent and Calculating the I.R.C. § 691(c) Deduction
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Checklist 14.1
- Common Types of IRD Buy FormChapter 15 expandCharitable Deductions
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Chapter 16 expandTermination of Trusts and Estates
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Exhibit 16A
- Distributions in the Final Year Buy FormExhibit 16B
- Excess Deductions, Unused Capital Losses and NOLs in Final Year Buy FormExhibit 16C
- Beneficiaries Succeeding to the Property Buy FormExhibit 16D
- Unused Business Credits in the Year of Termination Buy FormExhibit 16E
- Unused Estimated Tax Payments Buy FormExhibit 16F
- K-1 Codes for Preceding Exhibits Buy FormChapter 17 expandMassachusetts Taxation of Trusts and Estates
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Chapter 18 expandIrrevocable Life Insurance Trusts
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Chapter 19 expandDeath of a Grantor or Beneficiary
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Chapter 20 expandTaxation of Qualified Personal Residence Trusts
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Chapter 21 expandQualified Subchapter S Trusts
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Exhibit 21A
- Form 2553, Election by a Small Business Corporation Buy FormChapter 22 expandProcedure, Administration, and Compliance
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Chapter 23 expandDefective Grantor Trusts
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Chapter 24 expandPostmortem Tax Elections
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Chapter 25 expandDeath of a Partner
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Chapter 26 expandDeath of a Shareholder in an S Corporation
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Chapter 27 expandThe Massachusetts Estate Tax
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Chapter 28 expandDefining the Gross Estate
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Chapter 29 expandValuation of the Gross Estate
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Chapter 30 expandForm 706
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Exhibit 30A
- Applicable Exclusion Amounts and Maximum Estate Tax Rates Buy FormChapter 31 expandForm M-706
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Exhibit 31A
- Massachusetts Form M-706 for Estates with Dates of Death on or After January 1, 2003 Buy FormExhibit 31B
- Massachusetts Form M-NRA (Massachusetts Nonresident Decedent Affidavit) Buy FormExhibit 31C
- Massachusetts Form M-706 Revised December 2002 (for Dates of Death on or After January 1, 1997 and Prior to January 1, 2003) Buy FormChapter 32 expandChapter 33 expandExtensions of Time for Filing Estate Tax Returns and Paying Estate Tax
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Chapter 34 expandChapter 35 expandRelease of Estate Tax Liens
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Exhibit 35A
- Form 4422 (Application for Certificate Discharging Property Subject to Estate Tax Lien) Buy FormExhibit 35B
- Form M-706, Part 7, Real Estate Subject to a Massachusetts Estate Tax Lien Buy FormExhibit 35C
- Form M-NRA, Massachusetts Nonresident Decedent Affidavit Buy FormExhibit 35D
- Form M-4422 (for Estates of Decedents Dying on or After January 1, 2003) Buy FormExhibit 35E
- Line by Line Instructions for Form M-4422 Buy FormExhibit 35F
- REBA Title Standard No. 24 (Massachusetts Estate Tax Liens) Buy FormExhibit 35G
- Sample Affidavit for Release of Estate Tax Lien Buy FormChapter 36 expandGeneral Information Pertaining to Estate Tax Forms and Schedules
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Chapter 37 expandChapter 38 expandChapter 39 expandSchedule C of Form 706—Mortgages, Notes, and Cash
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Exhibit 39A
- Form 706, Schedule C Buy FormChapter 40 expandSchedule D of Form 706—Life Insurance
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Chapter 41 expandSchedule E of Form 706—Jointly Owned Property
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Chapter 42 expandSchedule F of Form 706—Other Miscellaneous Property
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Chapter 43 expandSchedule G of Form 706—Transfers During the Decedent’s Life
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Chapter 44 expandSchedule H of Form 706—Powers of Appointment
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Exhibit 44A
- Form 706, Schedule H Buy FormChapter 45 expandChapter 46 expandSchedule J of Form 706—Funeral Expenses and Expenses Incurred in Administering Property Subject to Claims
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Chapter 47 expandSchedule K of Form 706—Debts of the Decedent, Mortgages, and Liens
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Exhibit 47A
- Form 706, Schedule K Buy FormChapter 48 expandSchedule L of Form 706—Net Losses During Administration
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Exhibit 48A
- Form 706, Schedule L Buy FormChapter 49 expandSchedule M of Form 706—The Marital Deduction
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Chapter 50 expandSchedule O of Form 706—Charitable Deductions
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Exhibit 50A
- Form 706, Schedule O (Charitable Remainder Unitrust) (Revised 8-2013) Buy FormExhibit 50B
- Form 706, Schedule O (Property Passing as Result of Qualified Disclaimer) Buy FormExhibit 50C
- Form 706, Schedule O (Charitable Remainder Annuity Trust) Buy FormExhibit 50D
- Form 706, Schedule O (Interrelated Computations for Residue Passing to Charity) Buy FormExhibit 50E
- Form M-706, Schedule O (for Estates of Decedents Dying Prior to January 1, 1997) Buy FormChapter 51 expandSchedule P of Form 706—Credit for Foreign Death Taxes
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Exhibit 51A
- Form 706, Schedule P Buy FormChapter 52 expandSchedule Q of Form 706—Credit for Estate Tax on Prior Transfers
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Exhibit 52A
- Form 706, Schedule Q Buy FormChapter 53 expandSchedule R of Form 706—Generation-Skipping Transfer Tax
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Chapter 54 expandComputation of Estate Tax
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Chapter 55 expandInterest and Penalties Assessed with Respect to Estate Tax Returns
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Chapter 56 expandAmended Estate Tax Returns
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Chapter 57 expandMassachusetts Rules for Reporting Federal Estate Tax Changes
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Chapter 58 expandAudits of Estate Tax Returns
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Chapter 59 expandEstate Tax Closing Letters
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