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 judges semi-final round in Albert R. Mugel Tax Moot Court
Competition on Februray 27, 2010.
Kelly V. Zarcone teaches Healthcare law course at D'Youville College, Buffalo,
NY, 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.
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 - December 22, 2006 - Stachowski v. Stachowski Slip Op.
06-2074. Wow. In a crushing financial blow to divorced women in the
whole of the Fourth Department, the Court said that in order to receive a
separate interest QDRO, the words "separate interest" must be explicitly stated
in the parties' settlement agreement. In this case, the separation
agreement contained every indication of a separate interest except for those two
words "separate interest." It was poorly drafted and said that Ms.
Stachowski was entitled to 50% of a GM Pension Plan and that she could even roll
her interest over if the plan allows (which it does not). There were no
words of waiting until retirement or indicating that she should receive only
part of payments made to the husband. Nothing but the words "separate
interest" could be clearer about what the parties meant at the time - but the
Court did not agree.
QDRO News - July 25, 2006 - The Second Department came right out and said
it. Very well said and succinct - in plain English - the Court said
PENSION SUPPLEMENTS (COLA, VSF Benefits, etc.) DO NOT NEED SEPARATE
DISTINCTION IN A SEPARATION AGREEMENT OR STIPULATION. They are
supplements to the existing benefit as opposed to death benefits, which we
understand must be separately stated to establish an entitlement. (Pagliaro
v. Pagliaro, July 25, 2006, Slip Op. 5929.)
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)
Following
House passage on May 10, 2006, the Senate on May 11, 2006, passed the Tax
Increase Prevention and Reconciliation Act. The tax relief bill is designed
to keep the tax rate on investment low and to prevent 15 million Americans
from falling into the alternative minimum tax in 2006. President Bush
promptly signed the bill into law on May 17, 2006.
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.