Litigation and Tax Controversies
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This year’s Institute includes a series of programs on Litigation and Tax Controversies. This series examines the rules of privilege in the estate planning field, reviews recent cases involving fiduciaries, discusses current audit issues and trends, and offers a unique mock trial based upon the Huguette Clark probate contest.

 

Tuesday, January 12, 2016 (10:55 – 11:45 a.m.)
The Prerogatives of Privileges: The Ethics of Protecting Our Planning Clients (Even From Themselves!)

 

Stephanie Loomis-Price

This session will provide practical tips with some discussion on recent developments in audits and case law related to privileges applicable to estate planning, with a particular focus on planning with closely-held entities.

 

Wednesday, January 13, 2016 – Special Session I-C (2:00 – 3:30 p.m.)
A Fine Tasting Opinion: The Art of Reviewing an Appraisal, Ethically Protecting Privileges and Popping the Cork off of Kovel

 

Stephanie Loomis-Price, Louis S. Harrison

This session will provide guidance to planners in reading and commenting on valuation reports, with a focus on privileges in hiring appraisers and in refining appraisals to ensure that transfer tax returns are prepared most defensibly.

 

Wednesday, January 13, 2016 – Special Session II-A (3:50 – 5:20 p.m.)
Review of the Past Year’s Significant, Curious, or Downright Fascinating Fiduciary Cases (at least it seems to me)

 

Dana G. Fitzsimons, Jr.

This session will review recent cases from across the country to assist fiduciaries and their advisors in identifying and managing contemporary fiduciary challenges.

 

Wednesday, January 13, 2016 – Special Session II-C (3:50 – 5:20 p.m.)
“Both Sides, Now”: As Joni Mitchell so Eloquently Penned, There Are Two Sides to Everything in Life

 

Martin E. Basson, John W. Porter

A discussion of current audit issues, leading cases, and trends from the perspectives of both a former IRS supervisory attorney and a prominent litigator in the estate and gift tax arena.

 

Wednesday, January 13, 2016 – Special Session II-F (3:50 – 5:20 p.m.)
Can Your Client’s Estate Plan Be Protected If You End Up in Guardianship Court?

 

Diana S.C. Zeydel, James R. George, Randy K. Otto

How well does the law protect your client’s civil rights? Using actual case studies, this program will examine, from a litigation and medical perspective, the potential consequences of your client’s family taking your client to guardianship court.

 

Thursday, January 14, 2016 – Special Session III-F (2:00 – 3:30 p.m.)
The Almost-Trial of the Half-Century: The Huguette Clark Saga (Part I)

 

Bruce S. Ross, Ronald D. Aucutt, Brian P. Corrigan, Robert W. Lang, John R. Morken, Stacie Polashuk Nelson, Eric W. Penzer

The case the jury never got to hear! Opposing counsel in the historic Huguette Clark probate contest will face off for a “mock trial” before a presiding judge. The program will also provide insights and strategies for settlement, and estate planning tips to avoid litigation or, at least, best position the estate for a successful resolution.

 

Thursday, January 14, 2016 – Special Session IV-E (3:50 – 5:20 p.m.)
The Almost-Trial of the Half-Century: The Huguette Clark Saga (Part II)

 

Bruce S. Ross, Ronald D. Aucutt, Brian P. Corrigan, Robert W. Lang, John R. Morken, Stacie Polashuk Nelson, Eric W. Penzer

The “Trial” continues, and the panelists conclude with a discussion of settlement and lessons learned.


Heckerling Institute on Estate Planning
University of Miami School of Law, 1311 Miller Drive, Room C-423, Coral Gables, FL 33146
Telephone: 305-284-4762   |   Fax: 305-284-6752   |   Email: heckerling@law.miami.edu