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IRS Allows Late Filing of QSST Election (PLR 202428003)

Under Private Letter Ruling 202428003, the IRS has allowed late filing of a Qualified Subchapter S Trust (QSST) election, to obtain relief from termination of S corporation status. The corporation represented that the termination was inadvertent and not for tax...

Democrats use 1865 Black Code to Disarm all Californians in 2024 (May v Bonta)

The CRPA on September 19, 2024, petitioned for en banc review of the Ninth Circuit panel’s decision regarding preliminary injunctive relief in May v Bonta (written by Judge Graber aka Grabber) oppressively curtailing the right to bear arms in California. En banc...

What Is an LLC Distribution?

A distribution from a limited liability company (LLC) is a payment of cash or property made by an LLC to the LLC’s owners, also known as members. Although state law sets forth certain default rules, LLC members can specify in the LLC’s operating agreement when and how...

Ninth Circus Panel Suddenly Bans Licensed Carry, Agrees Much of California is a Sensitive Place

The Ninth Circuit panel in the May and Carralero (“May v Bonta”) sensitive places cases yesterday issued its opinion, written by Judge Graber (i promise to refrain from adding another b to her name), which, if not soon corrected by en banc ruling (either...

Is your Trust a Parachute or merely a Safety Net?

There is a wonderful recent story about a Minnesota family that has baptized 27 babies over three generations with a baptismal gown made from the World War II parachute that saved grandpa’s life! I’m always coming up with analogies for trusts and often use...

Did Morro Bay Council, Staff, Police, Conspire to Infringe 2A Rights in Retaliation for Political Speech?

Documents produced by Morro Bay city clerk on request for public records: 3_ccw denial response to mbpd 1_Duringer Denial Letter draft.doc-redacted Response to your PRA request.html-redacted Re Safety.html-redacted Re Response to your PRA request.html-redacted RE PRA...

US Supreme Court Rejects Use of Corporate Redemption Obligation as Estate Deduction

In a major unanimous decision (Connelly v US) sure to cause revision of many business succession plans, the US Supreme Court earlier this month on June 6, 2024, rejected use of a corporate redemption obligation as an estate deduction. While the Court pointed out in a...

Seven Types of Gun Trusts

Here is a quick overview of seven major types of gun trusts: Trust Mill NFA Trust: This is a “simple” (sometimes shockingly simple) “cookie-cutter” type boilerplate trust designed for purchase of firearms and/or suppressors regulated under the...

Ayn Duringer Headed for Law School, Aims for Top Tax Program

My daughter, Ayn, will be heading for law school this Fall! She was offered a very nice package covering most expenses of attending the Levin College of Law at the University of Florida in Gainesville. Most estate planning attorneys like me, especially those of us...

How to Prepare Your Business for Recession

Financial winter is coming. Or is it? Despite renewed optimism that the US economy can avoid a deep downturn, economists say the chances of a recession in 2024 are still about even. Small businesses are feeling the pain from high inflation, declining consumer...

Fed Judge Enjoins Unconstitutional CA Ammo Restrictions

[UPDATE: Ninth Circus issued a stay today of the injunction by Judge Benitez. Not totally unexpected, but this particular circus is fast losing credibility. The State has ZERO chance of winning on the merits under the text/history test mandated by Bruen. Furthermore,...

Fed Judge Enjoins Unconstitutional CA Concealed Carry Place Restrictions

How does all of this make you feel about relying on politics and the courts to protect your family? How can the government be so fickle with your right to life? Maybe it’s time your family takes control, with a F.I.R.S.T. Family Trust? [GOOD NEWS 01/06/2024: On...

Advisors Panic over Corporate Transparency Act (CTA)’s Orwellian Reporting Requirements

Did you ever put off studying for a final, until the night before the final? That’s pretty much how the planning community is feeling about the Corporate Transparency Act (CTA), which will go into effect January 1, 2024. Congress passed the devilish law several...

SECURE 2.0 Act, You, and Your IRA Beneficiaries

On December 29, 2022, President Biden signed the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act). The previous SECURE Act in 2020 made several changes to retirement planning: It increased the required beginning date (RBD) for required...

Noisome Signs SB2, Establishing Opportunity Zones for BLM, Hamas, Hezbollah, Al Qaeda

After failure to pass a similar bill last year, Gov. Noisome recently signed into law SB2, which makes a concealed carry license more difficult and expensive to get, and basically worthless once you get it. But there is an upside for some: new opportunity zones for...

California Gun Trust Planning

Presentation by Attorney Dave Duringer clears up confusion over California Gun Trust Planning. What is a Gun Trust? Is a Gun Trust Effective? Is a Gun Trust Necessary? Is a Gun Trust Recommended? YES! Every California gun owner should have one! A regular trust might...

California Just Made This Picture of My Daughter Illegal (AB 2571)

California just enacted AB 2571 to restrict the ability of gun owners to transmit gun culture to their kids. This blatantly unconstitutional act bans advertising that may attract minors to firearms and the penalties for violation are huge, up to $25,000 per...

California AG Ditches Good Cause, Pitches Moral Character for CCW Denial (What is Bonta Smoking?)

Last Friday, one day after the Supreme Court’s landmark NYSRPA v Bruen decision (analyzed fully here), California’s Attorney General Rob Bonta rushed out a bizarre letter offering inept guidance to various state officials involved in issuing concealed...

NYSRPA v Bruen Exceeds Expectations

Now that I’ve read the full majority opinion and concurrences, I have a few comments and predictions to make regarding NYSRPA v Bruen (I’ve omitted citations, so please just go to the actual opinion and use CTRL-F if you need to find something). I ignored...

Supreme Court Strikes Down Restriction on Right to Bear Arms in Public – NYSRPA v Bruen 6-3 Decision for 2A!

In a blockbuster decision released minutes ago, the Supreme Court of the United States has held with a solid 6-3 majority in the case of New York State Rifle & Pistol Association, Inc. v. Bruen, that New York’s statutory restriction against bearing arms...

This Month SCOTUS Will Recognize Your Right to Bear Arms – Are You Ready?

This month, June of 2022, the Supreme Court of the United States, in the case of NYSRPA v Bruen, will hold that you have a fundamental individual right to carry a firearm for self-defense outside of your home, in public. Not that you don’t already have that...

Why You Should Consider Putting Your LLC into a Trust

The limited liability company (LLC) is a popular business structure that offers liability protection and avoidance of double taxation. Trusts are popular asset transfer vehicles that allow you to avoid probate and keep assets out of the hands of creditors. By placing...

Return of the Gun Trust: AB 1292 Eases Estate Planning for California Gun Owners

UPDATE: See link below this article for updated analysis. *** When Governor Newsom approved AB 1292 on July 12, he made estate planning easier for California gun owners. Why would Sacramento Democrats make death easier for us? I can only speculate, but I’m guessing...