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  • Asking the wrong questions — Employer faces lawsuit for inquiring about plaintiff’s retirement

    July / August 2012
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1097

    Abstract: When a 54-year-old U.S. Army Corps of Engineers employee was passed over for promotion in favor of a younger employee, he sued. As this article explains, at issue was whether an agency personnel spreadsheet known as the Capable Workforce Matrix served as a pretext for age discrimination. Because, after receiving the job applications, two hiring panel members had allegedly requested information about projected retirement dates to be incorporated into the matrix, the appeals court sided with the plaintiff. A sidebar notes a different case in which a stray remark also led to age discrimination allegations, but with a different result. Citation: Shelley v. Geren, No. 10-35014, Jan. 12, 2012 (9th Cir.); Gross v. FBL Financial Services, No. 08-441, June 18, 2009 (Supreme Court); Moss v. BMC Software, Inc., No. 09-20488, July 2, 2010 (5th Cir.)

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  • Why there’s nothing shabby about a Crummey trust

    July / August 2009
    Newsletter: Tax Impact

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1097

    Abstract: You probably know about the annual gift tax exclusion. It allows you to give up to $13,000 per year (the limit in 2009) tax free, to an unlimited number of people — and without using up any of your $1 million lifetime gift tax exemption. If you elect to split gifts with your spouse, you can give away up to $26,000 per recipient. What you may not know is that the annual gift tax exclusion is available only for gifts of a present interest. Contributions to a trust ordinarily don’t count, because a beneficiary’s interest in a trust is considered a future interest. But what if you want to take advantage of the annual gift tax exclusion without simply handing over the cash to your children or grandchildren? This article offers one solution: a carefully designed Crummey trust.

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