News / Announcements / Information you can use:
Business standard mileage rate for 2010 is 50 cents. Lower than
last year - reflects lower transportation costs.
Click
here for current Applicable Federal Rate Information.
Click
here to search the New York State Corporation and Business Entity
Database.
Kelly V. Zarcone to spoke at a New York State Bar Association seminar on Estate
Planning After Divorce, June 2, 2010. Click
here for more information.
Kelly V. Zarcone judges semi-final round in Albert R. Mugel Tax Moot Court
Competition on Februray 27, 2010.
Kelly V. Zarcone teaches Healthcare law and ethics at D'Youville College, Buffalo,
NY, again, Spring 2010.
Kelly V. Zarcone discussed QDROs on Law Line on WNED AM 930 on Sat.,
October 25, 2008 and again on March 28, 2009.
Kelly V. Zarcone to speak at QDRO seminar, Spring 2008
Kelly V. Zarcone speaks at seminar on protecting retirement assets. Winter
2007.
Kelly V. Zarcone, Esq. rewrites chapter on Trusts for Special Assets, S
Corporation Trusts, for New York State Bar Association course book on Trust
Planning and Drafting Techniques. April 2007.
QDRO News.
Beiter
v. Beiter, November 2009. 4th Department clarifies that a change in
the terms of an existing pension plan constitutes a modification of an existing
asset and not the creation of a new one. Unless a new plan is created post
divorce, the former spouse is likely entitled to a portion of the increase due
to the modification.
QDRO News.
McQuade
v. McQuade. 2009. General principles of contract construction,
which apply to the stipulation of settlement, require courts to "adopt an
interpretation which gives meaning to every provision of a contract"; in other
words, "no provision of a contract should be left without force and effect"
QDRO News.
Lemisis v. Lemisis, March 16, 2007, Slip. Op. 06-01946. 4th Department
decision. Unless the Stipulation or Separation Agreement says otherwise,
the Alternate Payee has to take a fractional share of the pension, paid how ever
the Participant elects. There is no requirement that the Alternate Payee's
share be calculated on the basis of a single life annuity.
QDRO News - July 7, 2006 - The Fourth Department confirms that a Qualified
Domestic Relations Order ("QDRO") must comport with the terms of the
parties' agreement and judgment of divorce. (Page v. Page, July 7, 2006,
Slip Op. 5452.
QDRO News - March 17, 2006, The Fourth Department clarifies and reiterates
its 2004 decision in Kazel v. Kazel by stating that death benefits
and pension benefits should be separately addressed in marital property
settlements. Where death benefits are not addressed, no ambiguity will
be found in an otherwise unambiguous document. (Hoke v. Hoke,
March 17, 2006, Appellate Division, Fourth Department)
Attorney Kelly V. Zarcone, spoke at National Business Institute Seminar on
Tax Advantages of Limited Liability Companies on April 27, 2006 in Buffalo,
New York.