The Kansas Revisor of Statutes is considering adopting the UPHPA. The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property. Affluent families can engage in sophisticated estate planning to ensure generational wealth, but those with smaller estates are more likely to use a simple will or to die intestate. For many lower- and middle-income families, the majority of...

Kansas provides a statutory procedure by which a judgment creditor may file an authenticated or certified copy of a judgment entered by a court of competent jurisdiction in another state or commonwealth in the appropriate district court in Kansas.  Once the foreign judgment is entered in Kansas, it carries the full force and effect of a Kansas judgment, subject to the laws of the foreign state or commonwealth as to issues like statutory...

The Missouri General Assembly voted on September 14, 2016 to override the Governor Nixon’s veto of Senate Bill 1025. Sponsored by Sen. Will Kraus, R-Lee’s Summit, SB 1025 now defines instructional classes given at dance studios, martial arts facilities, gymnastics facilities and other fitness facilities as educational classes for tax purposes. Under current law, the definition of “sale at retail” for purposes of sales tax law includes...

There are increased penalties for failing to file information returns, like 1099s, timely/correctly.  Current penalties are $100 for each return.  Pursuant to the Trade Preferences Extension Act of 2015 Penalties will increase to $250.  Further, penalties double to $500 for “intentional disregard”.  These changes are effective starting January 1, 2016.  Finally, if the taxpayer takes quick corrective action and re-issues the...

Under recently issued new rules, the IRS will conduct a single partnership audit, and partners have no rights to participate.  A “partnership representative” will have the sole authority to act on a partnership’s behalf with the IRS.  If an audit results in an adjustment, the default rule is that the partnership itself will be liable for the taxes.  Partnerships may, however, elect to push out the tax liability to their partners...

The IRS recently proposed more detailed rules governing innocent spouse relief under Secs. 6015. One significant change is to the application of res judicata in innocent spouse cases.  Res judicata prevents a spouse from requesting innocent spouse relief when Sec. 6015 relief was at issue in a prior court proceeding or the requesting spouse meaningfully participated in a prior proceeding in which relief under Sec. 6015 could have been...