A collection of information concerning finance, that includes articles on 419 plans, 412i plans, captive insurance, IRS audits, and much more.
Showing posts with label insurance. Show all posts
Showing posts with label insurance. Show all posts
Life insurance Litigation, Lance Wallach, IRS
Life insurance Litigation, Lance Wallach, IRS: Lance Wallach wrote the book on life insurance, his experienced as a life insurance expert witness services will help guide you.
Expert Witness, Life insurance litigation, Lance Wallach
Expert Witness, Life insurance litigation, Lance Wallach: Lance Wallach, expert witness,419 litigation, 419 plan problems,The Law Office of David Neufeld,419 Plan, welfare benefit plan, post-retirement medical benefit, NOVA, SADI, Bursey, Cronin, Millenium, Lance Wallach, CJA, listed transaction, Form 8886, Greater Metropolitan, Compass 419
Nationwide Life Insurance Litigation HomePage
Need assistance in Insurance Litigation?
Negligent, bad faith or fraudulent practices with respect to insurance policies, insurance coverage or insurance claims can take many forms.
We specialize in claims against insurance companies for failing to pay or underpaying in accordance
with the provisions of their policies, and in claims against insurance brokers for making errors and
omissions that damage policyholders’ abilities to collect under their existing policies. We represent
beneficiaries under life insurance policies whom insurance companies have failed to pay based on the
companies' claim that the decedent misrepresented some fact on the insurance application.
To read more, click here
Negligent, bad faith or fraudulent practices with respect to insurance policies, insurance coverage or insurance claims can take many forms.
We specialize in claims against insurance companies for failing to pay or underpaying in accordance
with the provisions of their policies, and in claims against insurance brokers for making errors and
omissions that damage policyholders’ abilities to collect under their existing policies. We represent
beneficiaries under life insurance policies whom insurance companies have failed to pay based on the
companies' claim that the decedent misrepresented some fact on the insurance application.
To read more, click here
Liquidation Comes For Lavish Insurer
In
1990 Chicago insurance executive Raymond Ankner flew about 100 of his top agents
to
Germany to celebrate Oktoberfest in Cologne. The
cost of the trip was $800,000, billed to Ankner`s businesses.
Most
of those acquainted with him didn`t view the expensive junket or other lavish
activities as out of line. To them, the red-haired, Brooklyn-born Ankner
epitomized thesuccessful
insurance man, with a fast-growing
operation, a company plane, homes in Florida and Vermont and an apartment in
Water Tower Place.
But
insurance regulators were already beginning to question expenses at his main
insurance unit, InterAmerican Insurance Co. of Illinois. When the Illinois
Insurance Department obtained a court order last month to liquidate the company,
court papers showed a balance sheet crowded with overvalued real estate and
questionable intercompany transactions and reinsurance arrangements.
The
collapse of InterAmerican is expected to be the biggest life insurance failure
in Illinois history, with a gap of more than $30 million between assets and
liabilities. It has placed in the hands of state regulators the largest real
estate and mortgage portfolio ever managed by the department. InterAmerican`s
$33 million portfolio of mortgages and real estate covers several investments on
Chicago`s Near West Side, including a loan on its headquarters at 901 W. Jackson
Blvd. There also are more far-flung holdings, such as loans
to donut shops in Michigan and a
bed-and-breakfast in Vermont. Nearly half the $20.5 million in mortgage loans
are behind on payments, according to department officials.
Regulators
are still investigating the possibility that company funds were improperly used.
No charges have been filed, and Ankner denies any suggestion of wrongdoing.
A
report by an independent accountant hired by the Insurance Department highlights
several questionable charges, such as a $53,681 check to Neiman-Marcus Co. for
catering a 1989 Christmas party at Ankner`s apartment here, the company`s
payment of most of his $5,200 monthly rent and even a portion of the salaries of
Ankner`s gardener and housekeeper in Vermont.
The
failure of InterAmerican is a major headache for the many independent agents who
represented the company. Many of them apparently believed that the insurer had
virtually all its investments
in government bonds and was financially
sound-or ``hunky-dory,`` according to Eric Wiltshire.
``The
agent`s got egg on his face,`` said Wiltshire, chairman of a Birmingham,
Mich.-based pension-consulting and insurance firm that dealt with
InterAmerican.
InterAmerican`s
approximately 25,000 customers can`t currently cash in their insurance policies
and annuity contracts or collect benefits. Most of their claims are expected to
be covered in the next few months by life insurance guaranty associations in
Illinois and the other 44 states in which InterAmerican did business.
Though
big by Illinois standards, InterAmerican`s demise is small potatoes compared
with several widely publicized out-of-state failures that rocked the life
insurance industry last year. Failed Executive Life Insurance Co. of Los
Angeles
, for
example, had assets of about $10 billion;
InterAmerican`s
assets totaled about $140 million as of year-end 1990.
Yet
the company`s problems are typical of many ailing life insurers, regulators say.
Besides a heavy dose of non-performing real estate, the troubles include rapid
growth supported by a controversial financial technique known as surplus relief
reinsurance, used by insurers to boost their regulatory capital.
InterAmerican`s
collapse raises questions about the effectiveness of state insurance regulation,
especially in cases involving complex financial transactions. Illinois is
usually ranked among the top three states in policing insurers, along with New
York and California.
But
some insurance experts who have examined InterAmerican`s books say it was clear
several years ago that the company was headed for a fall.
Illinois
insurance director Stephen Selcke defends the department`s actions, calling them
``appropriate and timely.`` But he and other insurance department officials say
the agency`s staff is overworked, particularly in the area of monitoring
financially troubled life insurance companies.
Five
people are assigned to spot potential problems among the nearly 900 life and
health insurers operating in the state, including 160 based here for whom
Illinois is the main regulator. Selcke said he hopes to get legislative approval
to beef up the staff for fiscal 1993, beginning July 1, when a law takes effect
that requires insurance companies to pay more of the department`s budget.
Arnold
Dutcher, the department`s deputy director in charge of life and health
insurance, is pushing for tighter limits on the kind of surplus relief
reinsurance used by InterAmerican. The National Association of Insurance
Commissioners, which coordinates the activities of state regulators, is
considering stricter standards.
Don't Cash That Check
If
an insurance company sends you a letter cancelling your disability or life
insurance policy, along with a check for all the premiums you paid, don’t cash
that check! In fact, if you feel your policy should not have been cancelled,
you should seriously consider continuing to pay your premiums.
When
a disability or life insurance company decides that you made a misrepresentation
in the application for the policy that materially affected their ability to
determine whether they should contract with you, within certain time
limitations, they can attempt to rescind your policy. Rescission is a fancy
word for a cancellation of a policy where the insurance company places you back
in the position you were in one moment before your contract was issued.
If
you cash the check, it can be construed as your acceptance of the insurance
company’s cancellation of the policy. But if the insurance company continues to
collect premiums from you when they believe they have a reason to rescind your
policy, it could mean that you get to keep the policy.
Life Insurance Fraud Lawline.com Continuing Legal Education
http://www.youtube.com/v/bKAs4gV9KdQ?version=3&autohide=1&feature=share&showinfo=1&autohide=1&attribution_tag=Wtr31r0N5naX_tan6uwZrg&autoplay=1
Lance Wallach - IRS Secrets You Should Know
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Where can I get Help with Section 79 Plan Problem?
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Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots, by Sid Kess
Description
This course will enable the practitioner to better understand many of the abusive insurance and annuity-based products being marketed to your clients and how you can alleviate exposure to IRS scrutiny.
Objectives:
Accepted for CFP® credit.
Table of Contents
Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots, by Sid Kess
Author/Moderator: Lance Wallach, CLU, CHFC, CIMC
Publisher: AICPA
Availability: In Stock
Description
Table of Contents
Reviews
Description
This course will enable the practitioner to better understand many of the abusive insurance and annuity-based products being marketed to your clients and how you can alleviate exposure to IRS scrutiny.Objectives:
- Identify potentially abusive deductions claimed on your client’s tax return
- Enable the practitioner to advise his clients so they can avoid IRS penalties and deduction disallowances
- Learn the pros and cons of the current strategies being employed by financial professionals in developing comprehensive financial plans for individuals and businesses
- Learn to avoid financial exposure to yourself and your clients for aggressive insurance, retirement and financial planning strategies being marketed today
Accepted for CFP® credit.
See full description
Table of Contents
- Overview
- Course Objectives
- Introduction
- Organization
- \Chapter 1 - Abusive Tax Avoidance Transactions - Circular 230 Implications and
- Standards
- Learning Objectives
- Introduction
- Circular 230 - The Best Practice Rules
- Best Practices
- Compliance
- Covered Opinions
- Background of Circular 230
- The Covered Opinion - In General
- Additional Requirements for Marketed Opinions
- Other Written Advice - In General
- Definitions of Federal Tax Issue and Significant Federal Tax Issue
- The Covered Opinion - Listed Transaction Opinions
- Principal Purpose Transactions
- Significant Purpose Transactions
- Marketed Opinions in Significant Purpose Transactions
- Advice Excluded from the Covered Opinion Rules
- Covered Opinion Standards
- Penalty Avoidance
- Specific Requirements
- Special Rules for Marketed Opinions
- Conclusion Generally Required
- Practitioner Competence
- Required Disclosures
- Circular 230 Rules for Other Written Advice
- Determining Compliance and a Higher Standard for Marketed-Type Advice
- Professional Discipline under Circular 230
- Client Problems Facing the Practitioner
- Personal Real Life Experiences
- Penalty for Failure to Disclose Reportable Transactions
- Summary
- Commentary
- Chapter 2 - Abuses in Utilizing Insurance, Retirement, and Welfare Benefit Plans
- Learning Objectives
- Introduction
- Abusive Tax Avoidance Transactions, Especially 419 Plans - How to Spot Them and Advise Clients about Them
- 419A(f)(6) - An Update on Recent Developments
- Definition of Experience Rating
- Use of Insurance Contracts
- Special Rules of Application
- Characteristics Indicating a Plan Is Not Described in Section 419A(f)(6)
- Effective Date
- Adoption of Amendments to the Regulations
- New Development - Welfare Benefit Plans under Section 419(e)
- Personal Real Life Experiences
- Section 419A(f)(5) - Abusive Tax Transactions - Collectively Bargained Welfare Benefit Funds 2-20
- Final Regulations to IRC Sections 6011, 6111, and 6112
- Internal Revenue Service Audits of 412(i) Plans
- Personal Real Life Experiences
- 401(k) Problems
- IRS Top 401(k) Problems
- Problems with the Voluntary Correction Program
- Personal Real Life Experiences
- Summary
- Commentary
- Chapter 3 - Health Insurance, VEBA, College Funding, Hot Spots
- Learning Objectives
- Introduction
- Health Savings Accounts
- Small Businesses at Greater Risk of Losing Money with HSAs
- The Risk of On-Site Medical Clinics
- Creating a Personal Retirement Vehicle using an HSA
- Employers Try to Create a Retirement Vehicle for Employees
- Completion of IRS Form 8889 (Health Savings Accounts)
- Health Reimbursement Arrangements and Individual Insurance
- Conclusion
- Voluntary Employees Beneficiary Association (VEBA)
- Strategies and Solutions for College Funding
- The Traditional College Planning Approach
- Good Intentions Can Lead to Potentially Disastrous Consequences
- Traditional Investment Vehicles
- Personal Real Life Experiences
- Summary
- Commentary
- Chapter 4 - Dabbling, Abusive Financial Products, and Avoiding Practice Problems
- Learning Objectives
- Introduction
- Pros and Cons of Some Current Financial Strategies
- Competency, Malpractice, and Related Ethical Issues
- Rule 503
- Should You Be Licensed to Sell Life Insurance and Other Products?
- Pros and Cons of Unneeded Life Insurance
- The Insurance Swapout ProcessSM
- Pros and Cons of Life Insurance Settlements
- Problems with Life Settlements
- Life Settlement Suggested Procedure
- An Abusive Insurance Strategy - A (Negative) Word about Investor-Initiated Life Insurance
- Tax Avoidance and Investor Originated Life Insurance
- An Insurance Recommendation You Should Consider
- Thoughts about Selling Life Insurance and/or Investments
- Current Annuity Strategies
- Variable Annuities
- Fixed Annuities
- Equity Indexed Annuities
- Common Mistakes - "Hotspots"
- Problems with Selling an Annuity
- Why Cancel an Annuity?
- NASD Law Suits
- Organizations You Should Know About
- A Growing Problem - An Example
- Registered Investment Advisor - Why You Might Consider Working with One
- The Vital Role of Business Succession Planning, and Why Life Insurance Is the Best Funding Vehicle
- Rose Stone and Roy Robinson - Case Study
- Business Profile
- LLCs Can Be Member Managed or Manager Managed
- Types of Businesses Structures
- Limited Liability Company - LLC
- What Happens If We Lose A Partner?
- What Is Business Succession Planning
- Determining the Value of Your Business
- Who Are You Going to Call?
- Business Succession Planning Protects R & R LLC Against
- Ok ... Let's Do It!
- The Buy-Sell Agreement
- R & R LLC Choice
- Funding the Buy-Sell Arrangement
- Summary
- Commentary
- Chapter 5 - Ethics Focus: Taxation
- Ethics Overview
- Recent Developments
- Spotlight on Independence in Tax Services
- Key Ethical Dilemmas and Judgment Calls
- Addressing Ethical Dilemmas
- Available Resources
- Chapter 6 - Latest Developments
http://www.cpa2biz.com/browse/product_details.jsp?PRODUCT%3C%3Eprd_id=845524441766794&FOLDER%3C%3Efolder_id=282574488338435&bmUID=1202161066744
NASBA
Where can I get Help with Section 79 Plan Problem?
http://www.youtube.com/v/bi0e0MBb99c?autohide=1&version=3&attribution_tag=OUH8R1tAddVf3JgBuo50RQ&autohide=1&showinfo=1&feature=share&autoplay=1
Where can I get Help with Section 79 Plan Problem?
http://www.youtube.com/v/bi0e0MBb99c?autohide=1&version=3&attribution_tag=WbehtBDlfo40RUQqGZmgtg&showinfo=1&autoplay=1&autohide=1&feature=share
Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots, by Sid Kess
Description
This course will enable the practitioner to better understand many of the abusive insurance and annuity-based products being marketed to your clients and how you can alleviate exposure to IRS scrutiny.
Objectives:
Accepted for CFP® credit.
Table of Contents
Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots, by Sid Kess
Author/Moderator: Lance Wallach, CLU, CHFC, CIMC
Publisher: AICPA
Availability: In Stock
Description
Table of Contents
Reviews
Description
This course will enable the practitioner to better understand many of the abusive insurance and annuity-based products being marketed to your clients and how you can alleviate exposure to IRS scrutiny.Objectives:
- Identify potentially abusive deductions claimed on your client’s tax return
- Enable the practitioner to advise his clients so they can avoid IRS penalties and deduction disallowances
- Learn the pros and cons of the current strategies being employed by financial professionals in developing comprehensive financial plans for individuals and businesses
- Learn to avoid financial exposure to yourself and your clients for aggressive insurance, retirement and financial planning strategies being marketed today
Accepted for CFP® credit.
See full description
Table of Contents
- Overview
- Course Objectives
- Introduction
- Organization
- \Chapter 1 - Abusive Tax Avoidance Transactions - Circular 230 Implications and
- Standards
- Learning Objectives
- Introduction
- Circular 230 - The Best Practice Rules
- Best Practices
- Compliance
- Covered Opinions
- Background of Circular 230
- The Covered Opinion - In General
- Additional Requirements for Marketed Opinions
- Other Written Advice - In General
- Definitions of Federal Tax Issue and Significant Federal Tax Issue
- The Covered Opinion - Listed Transaction Opinions
- Principal Purpose Transactions
- Significant Purpose Transactions
- Marketed Opinions in Significant Purpose Transactions
- Advice Excluded from the Covered Opinion Rules
- Covered Opinion Standards
- Penalty Avoidance
- Specific Requirements
- Special Rules for Marketed Opinions
- Conclusion Generally Required
- Practitioner Competence
- Required Disclosures
- Circular 230 Rules for Other Written Advice
- Determining Compliance and a Higher Standard for Marketed-Type Advice
- Professional Discipline under Circular 230
- Client Problems Facing the Practitioner
- Personal Real Life Experiences
- Penalty for Failure to Disclose Reportable Transactions
- Summary
- Commentary
- Chapter 2 - Abuses in Utilizing Insurance, Retirement, and Welfare Benefit Plans
- Learning Objectives
- Introduction
- Abusive Tax Avoidance Transactions, Especially 419 Plans - How to Spot Them and Advise Clients about Them
- 419A(f)(6) - An Update on Recent Developments
- Definition of Experience Rating
- Use of Insurance Contracts
- Special Rules of Application
- Characteristics Indicating a Plan Is Not Described in Section 419A(f)(6)
- Effective Date
- Adoption of Amendments to the Regulations
- New Development - Welfare Benefit Plans under Section 419(e)
- Personal Real Life Experiences
- Section 419A(f)(5) - Abusive Tax Transactions - Collectively Bargained Welfare Benefit Funds 2-20
- Final Regulations to IRC Sections 6011, 6111, and 6112
- Internal Revenue Service Audits of 412(i) Plans
- Personal Real Life Experiences
- 401(k) Problems
- IRS Top 401(k) Problems
- Problems with the Voluntary Correction Program
- Personal Real Life Experiences
- Summary
- Commentary
- Chapter 3 - Health Insurance, VEBA, College Funding, Hot Spots
- Learning Objectives
- Introduction
- Health Savings Accounts
- Small Businesses at Greater Risk of Losing Money with HSAs
- The Risk of On-Site Medical Clinics
- Creating a Personal Retirement Vehicle using an HSA
- Employers Try to Create a Retirement Vehicle for Employees
- Completion of IRS Form 8889 (Health Savings Accounts)
- Health Reimbursement Arrangements and Individual Insurance
- Conclusion
- Voluntary Employees Beneficiary Association (VEBA)
- Strategies and Solutions for College Funding
- The Traditional College Planning Approach
- Good Intentions Can Lead to Potentially Disastrous Consequences
- Traditional Investment Vehicles
- Personal Real Life Experiences
- Summary
- Commentary
- Chapter 4 - Dabbling, Abusive Financial Products, and Avoiding Practice Problems
- Learning Objectives
- Introduction
- Pros and Cons of Some Current Financial Strategies
- Competency, Malpractice, and Related Ethical Issues
- Rule 503
- Should You Be Licensed to Sell Life Insurance and Other Products?
- Pros and Cons of Unneeded Life Insurance
- The Insurance Swapout ProcessSM
- Pros and Cons of Life Insurance Settlements
- Problems with Life Settlements
- Life Settlement Suggested Procedure
- An Abusive Insurance Strategy - A (Negative) Word about Investor-Initiated Life Insurance
- Tax Avoidance and Investor Originated Life Insurance
- An Insurance Recommendation You Should Consider
- Thoughts about Selling Life Insurance and/or Investments
- Current Annuity Strategies
- Variable Annuities
- Fixed Annuities
- Equity Indexed Annuities
- Common Mistakes - "Hotspots"
- Problems with Selling an Annuity
- Why Cancel an Annuity?
- NASD Law Suits
- Organizations You Should Know About
- A Growing Problem - An Example
- Registered Investment Advisor - Why You Might Consider Working with One
- The Vital Role of Business Succession Planning, and Why Life Insurance Is the Best Funding Vehicle
- Rose Stone and Roy Robinson - Case Study
- Business Profile
- LLCs Can Be Member Managed or Manager Managed
- Types of Businesses Structures
- Limited Liability Company - LLC
- What Happens If We Lose A Partner?
- What Is Business Succession Planning
- Determining the Value of Your Business
- Who Are You Going to Call?
- Business Succession Planning Protects R & R LLC Against
- Ok ... Let's Do It!
- The Buy-Sell Agreement
- R & R LLC Choice
- Funding the Buy-Sell Arrangement
- Summary
- Commentary
- Chapter 5 - Ethics Focus: Taxation
- Ethics Overview
- Recent Developments
- Spotlight on Independence in Tax Services
- Key Ethical Dilemmas and Judgment Calls
- Addressing Ethical Dilemmas
- Available Resources
- Chapter 6 - Latest Developments
http://www.cpa2biz.com/browse/product_details.jsp?PRODUCT%3C%3Eprd_id=845524441766794&FOLDER%3C%3Efolder_id=282574488338435&bmUID=1202161066744
NASBA Field of Study: Taxes
Level: Intermediate
Recommended CPE Credit: 6
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