U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

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Reasonable Compensation? John Edwards Tax Shelter Strikes Again

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If you follow tax law, you’ve probably heard of the John Edwards tax shelter. Former vice-presidential candidate Edwards saved a bundle in payroll taxes - around $600,000 - by forming an S-Corporation, paying himself a relatively modest salary through the S-Corp, and taking the rest of his pay in dividends.

This week, the Eighth Circuit Court of Appeals ruled that the IRS properly assessed an Iowa accountant — who implemented a similar tax shelter plan — for additional payroll taxes because the accountant had not paid himself “reasonable compensation.”

Artificial Insemination Child Denied Social Security Benefits

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Children are expensive. Childcare and tuition costs are increasing far faster than the rate of inflation. As a result, many couples are waiting longer to have a child, which, in turn, means that more couples are turning to fertility treatments, including artificial insemination, to conceive when they can afford a child.

Why should this matter to lawyers?

Sometimes family planning does not occur on the couples’ intended schedules. Sometimes one partner dies before the couple can start a family. But when the surviving partner decides to have children using the eggs or sperm of his/her late spouse, the legal result can turn into a nightmare hypothetical from your law school past.