Out of the Hood: Analysis with an Attitude

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Out of the Hood: Analysis with an Attitude™ 

In the real world, you just can’t neatly separate tax and non-tax issues. This monthly series will feature our own Paul Hood, a longtime LISI contributor who is well known for telling it like it is. 

This series will discuss a selected number of state and/or federal rulings or decisions each month, including, where appropriate, interesting petitions filed. Out of the Hood will do a much deeper dive than most recent development programs into each ruling to point out the tax and non-tax nuggets of each one. Where appropriate, he’ll also make drafting suggestions, but his practical, incisive and sometimes acerbic commentary shouldn’t be missed! 

Here are the cases and rulings Paul will cover in Episode 1: 

·      Kashmiry v. Ellis, 105 N.E.3d 498 (Ohio App. 7th Dis. 2018)-Buy-sell agreement fixed price agreement price upheld.

·      Lund v. Lund, 924 N.W.2d 274, 2019 WL 178461 (Minn. Ct. App. Jan. 14, 2019), review denied (March 27, 2019); (2019)-Court ordered buyout of minority shareholder under equitable authority granted by state statute.

·      Kress v. United States, 372 F.Supp.3d 731 (E.D. Wis. 2019) Valuations and S corporations; tax affecting.

·      Millstein v. Millstein, 110 N.E.3d 674 (8th Dist. App. 2018), 2018-Ohio-1204, 2018-Ohio-2295 Grantor trust where court wouldn’t grant request in equity for reimbursement of income taxes paid by grantor.

·      PLR 201920003-Trust court reformation and modification to eliminate a scrivener’s error about a general power of appointment respected by IRS.

·      Raia v. Lowenstein Sandler LLP and Eric D. Weinstock, Superior Court Of New Jersey Law Division: Civil Part Bergen County, Docket No. Ber-L- , 02/01/2019-Malpractice petition arising out of sales to intentionally defective grantor dynasty trusts.

·      O’Connor v. O’Connor, 26 Cal. App. 5th 871 (4th Dist., Aug. 29, 2018). A requirement that a power of appointment can only be exercised by a specific reference to that power in a will did not require the beneficiary to name the trust itself in his will.

·      Manatt v. Manatt 2018 WL 3154461 (S.D. Iowa 2018)-Court approves exercise of a swap power.

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A native of Louisiana (and a double LSU Tiger), Paul Hood obtained his undergraduate and law degrees from Louisiana State University and an LL.M. in taxation from Georgetown University Law Center before settling down to practice tax and estate planning law in the New Orleans area. Paul has taught at the University of New Orleans, Northeastern University, The University of Toledo College of Law and Ohio Northern University Pettit College of Law. The proud father of two Eagle Scouts and LSU Tigers, Paul has authored or co-authored seven books and hundreds of professional articles on estate and tax planning and business valuation.  He was with The University of Toledo Foundation for over four years as Director of Planned Giving, leaving in January 2018. He can be contacted at 


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