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Using Deferred Compensation Plans to Enforce Restrictive Covenants

by Bruce E. Bell | Jan 1, 2015 | Bruce E. Bell, Tax Corner

Question:  I want to reward a key employee with additional compensation.  I am concerned that the covenant not to compete which I am asking the employee to sign will not be enforceable.  Any suggestions on how to deal with this?Answer:  Restrictive...

Mortgage Loans From Profit Sharing Plans

by Bruce E. Bell | Dec 1, 2014 | Bruce E. Bell, Tax Corner

Question:  Since I am the sole owner of my company and the sole participant in my company profit sharing plan, can I use profit sharing funds to hold a mortgage on the residence which I intend to purchase?Answer:  The answer to your question is no.  You...

Using Trusts to Protect Assets From Children’s Spouses

by Bruce E. Bell | Nov 1, 2014 | Bruce E. Bell, Tax Corner

Question:  How do I pass my estate to my children upon my death and exclude my children’s spouses?Answer:  Any assets you leave outright to a beneficiary will pass as your beneficiary directs.  One cannot dictate what a beneficiary does with assets...

Using Cross-Purchase Arrangements For Buy/Sell Agreements

by Bruce E. Bell | Oct 1, 2014 | Bruce E. Bell, Tax Corner

Question:  I am one of two equal shareholders in a corporation and we are in the process of implementing a buy/sell agreement.  Are there any reasons why the business should not own insurance on our lives to provide funds to purchase the shares of the deceased...

Using Tax Deferred Exchanges to Avoid Gain Recognition

by Bruce E. Bell | Sep 1, 2014 | Bruce E. Bell, Tax Corner

Question:  I am selling my one remaining real estate investment property, have no mortgage on the property and a very low tax basis in the property.  Is there a way I can defer the gain on the sale and reinvest the proceeds in stocks and bonds?Answer:...

Protecting Inherited IRAs From Creditors

by Bruce E. Bell | Aug 1, 2014 | Bruce E. Bell, Tax Corner

Question:  What protection, if any, do I have now that the Supreme Court has ruled that IRAs are not exempt in bankruptcy?Answer:  In Clark v. Rameker, the U.S. Supreme Court ruled that inherited individual retirement accounts (“IRAs”) do not qualify for the...
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