Showing posts with label 419E. Show all posts

Small Business Retirement Plans Fuel Litigation

Small businesses facing audits and potentially huge tax penalties over certain types of retirement plans are filing lawsuits against those who marketed, designed and sold the plans. The 412(i) and 419(e) plans were marketed in the past several years as a way for small business owners to set up retirement or welfare benefits plans while leveraging huge tax savings,but the IRS put them on a list of abusive tax shelters and has more recently focused audits on them.The penalties for such transactions are extremely high and can pile up quickly - $100,000 per individual and $200,000 per entity per tax year for each failure to disclose the transaction - often exceeding the disallowed taxes.There are business owners who owe $6,000 in taxes but have been assessed $1.2 million in penalties.The existing cases involve many types of businesses, including doctors' offices,dental practices, grocery store owners, mortgage companies and restaurant owners.Some are trying to negotiate with the IRS. Others are not waiting. A class action has been filed and cases in several states are ongoing. The business owners claim that they were targeted by insurance companies; and their agents to purchase the plans without any disclosure that the IRS viewed the plans as abusive tax shelters. Other defendants include financial advisors who recommended the plans, accountants who failed to fill out required tax forms and law firms that drafted opinion letters legitimizing the plans, which were sed as marketing tools.A 412(i) plan is a form of defined benefit pension plan. A 419(e) plan is a
similar type of health and benefits plan. Typically, these were sold to small, privately held businesses with fewer than 20 employees and several million
dollars in gross revenues. What distinguished a legitimate plan from the plans at issue were the life insurance policies used to fund them. The employer would make large cash contributions in the form of insurance premiums, deducting the entire amounts. The insurance policy was designed to have a "springing cash value," meaning that for the first 5-7 years it would have a near-zero cash value, and then spring up in value. Just before it sprung, the owner would purchase the policy from the trust at the low cash value, thus making a tax-free transaction. After the cash value shot up, the owner could take tax-free loans against it.
Meanwhile, the insurance agents collected exorbitant commissions on the premiums - 80 to 110 percent of the first year's premium, which could exceed $1 million.Technically, the IRS's problems with the plans were that the "springing cash" structure disqualified them from being 412(i) plans and that the premiums, which dwarfed any payout to a beneficiary, violated incidental death benefit rules.Under §6707A of the Internal Revenue Code, once the IRS flags something as an abusive tax shelter, or "listed transaction," penalties are imposed per year for each failure to disclose it. Another allegation is that businesses weren't told that they had to file Form 8886, which discloses a listed transaction.

According to Lance Wallach of Plainview, New York who testifies as an expert in cases involving the plans,the vast majority of accountants either did not file the forms for their clients or did not fill them out correctly.Because the IRS did not begin to focus audits on these types of plans until some years after they became listed transactions, the penalties have already stacked up by the time of the audits.Another reason plaintiffs are going to court is that there are few alternatives the penalties are not appealable and must be paid before filing anadministrative claim for a refund.

Tax Shelter Penalty Cases Hurt Thousands of Small Business Owners

Lance wallach

Mar 08

Insurance agents and others sell 412i, 419, captive insurance and section 79 scams to unsuspecting business owners. The IRS considers many of these plans abusive tax shelters, listed transactions, reportable transactions, or what it calls "similar to," which allows them to target the plan. The unsuspecting business owners then get audited by the IRS, lose their deductions, and pay interest and penalties. Then comes the bad news. The IRS comes back and fines the business owners a large amount of money for not properly filing under IRC 6707A. They have even fined hundreds of business owners who have filed. The IRS says that they prepared the forms incorrectly or filed improperly, or lied to the IRS.
Taxpayers must report certain transactions to the IRS under Section 6707A of the Tax Code, which was enacted in 2004 to help detect, deter, and shut down abusive tax shelter activities. For example, reportable transactions may include being in a 419,412i, or other insurance plan sold by insurance agents for tax deduction purposes. Other abusive transactions could include captive insurance and section 79 plans, which are usually sold by insurance agents for tax deductions. Taxpayers must disclose their participation in these and other transactions by filing a Reportable Transactions Disclosure Statement (Form 8886) with their income tax returns. People that sell these plans are called material advisors and must also file 8918 forms properly. Failure to report the transactions could result in very large penalties. Accountants who sign tax returns that have these deductions can also be called material advisors and should also file forms 8918 properly.
The IRS has fined hundreds of taxpayers who did file under 6707A. They said that they did not fill out the forms properly, or did not file correctly. The plan administrator or a 412i advised over 200 of his clients how to file. They were then all fined by the IRS for filling out the forms wrong. The fines averaged about $500,000 per taxpayer.
A report by the Treasury Inspector General for Tax Administration (TIGTA) found that the procedures for documenting and assessing the Section 6707A penalty were not sufficient or formalized, and cases often are not fully developed.
TIGTA evaluated the IRS's effectiveness in identifying, developing, and applying the Section 6707A penalty. Based on its review of 114 assessed Section 6707A penalties, TIGTA determined that many of these files were incomplete or did not contain sufficient audit evidence. TIGTA also found a need for better coordination between the IRS's Office of Tax Shelter Analysis and other functions.

"As penalties are meant to encourage voluntary taxpayer compliance, it is important that IRS procedures for documenting and assessing them be well developed and fully documented," said TIGTA Inspector General J. Russell George in a statement. "Any failure to do so raises the risk that taxpayers will not receive consistent and fair treatment under the law, and could further reduce their willingness to comply voluntarily."

The Section 6707A penalty is a stand-alone penalty and does not require an associated income tax examination; therefore, it applies regardless of whether the reportable transaction results in an understatement of tax. TIGTA determined that, in most cases, the Section 6707A penalty was substantially higher than additional tax assessments taxpayers received from the audit of underlying tax returns. I have had phone calls from taxpayers that contributed less than $100,000 to a listed transaction and were fined over $500,000. I have had phone calls from taxpayers that went into 419, or 412i plans but made no contributions and were fined a large amount of money for being in a listed transaction and not properly filing forms under IRC section 6707A. The IRS claims that the fines are non appealable.
On July 7, 2009, at the request of Congress, the IRS agreed to suspend collection enforcement actions. However, this did not preclude the issuance of notices of assessment that are required by law and adjustment notices that inform the taxpayer of any account activity. In addition, taxpayers continued to receive balance due and final notices of intent to levy, and demands to pay Section 6707A penalties.
TIGTA recommended that the IRS fully develop, document, and properly process Section 6707A penalties. The IRS agreed with TIGTA's recommendation and plans to take appropriate corrective actions. I think as a result of this many taxpayers who have not yet been fined will shortly receive the fines. Unless a taxpayer files properly there is no statute of limitations. The IRS has, and will continue to go back many years and fine people that are in listed, reportable or substantially similar to transactions.
If you are, or were in a 412i, 419, captive insurance or section 79 plan you should immediately file under 6707A protectively. If you have already filed you should find someone who knows what he is doing to review the forms. I only know of two people who know how to properly file. The IRS instructions are vague. If a taxpayer files wrong, or fills out the forms wrong he still gets the fine. I have had hundreds of phone calls from people in that situation.

Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA faculty of teaching professionals, is a frequent speaker on retirement plans, financial and estate planning, and abusive tax shelters. He writes about 412(i), 419, and captive insurance plans. He speaks at more than ten conventions annually, writes for more than 20 publications, is quoted regularly in the press and has been featured on television and radio financial talk shows including NBC, National Pubic Radio's All Things Considered, and others. Lance has written numerous books including Protecting Clients from Fraud, Incompetence and Scams published by John Wiley and Sons, Bisk Education's CPA's Guide to Life Insurance and Federal Estate and Gift Taxation, as well as AICPA best-selling books, including Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots. He does expert witness testimony and his side has never lost a case. Contact him at 516.938.5007, wallachinc@gmail.com, or visit www.taxaudit419.com or www.taxlibrary.us.

The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.

Welfare Benefit Plans - Big Risks for Accountants

Brian

Tens of thousands of welfare benefit plans are in existence. Some are legitimate but many are not. Unfortunately for taxpayers and their financial advisers, the IRS views all such plans with suspicion. These plans carry big risks for both the participants and the promoters. New enforcement actions by the IRS and civil claims by participants reveal the dangers for accountants as well.

Every year, many accountants sign returns in which their client claims a deduction for a welfare benefit plan. The IRS often considers these plans, created by section 419 of the Internal Revenue Code, to be listed transactions. In addition to the normal tax return disclosures, listed transactions must also be reported on Form 8886. Failure to properly file can lead to penalties of $100,000 for individuals and $200,000 for entities. Those penalties are per year!

Accountants must be certain they fully understand what transactions the IRS considers abusive. These transactions include certain 401(k) accelerated deductions, collectively bargained welfare benefit funds (sec. 419a(f)(5)), certain trust arrangements under section 419 and deductions for certain defined benefit plans (sec. 4129i)). It is important to remember that the IRS defines listed transactions to include any transaction that is substantially similar to one of the above.

Accountants can also get caught up in the penalty web if they were a material advisor. If you sign a return taking a deduction for one of these listed plans or if you sold the plan, you could find yourself facing significant penalties of $200,000 or more. (Material advisors must file IRS form 8918.)

Unscrupulous promoters often package their plans with legal opinion letters suggesting that their particular plan is not an abusive tax shelter and that the taxpayer need not comply with the Form 8886 filing requirement. Don't rely on those opinions. A third party opinion is no substitute for proper due diligence and review.

A second trap for unwary accountants is the civil liability they face. Financial planners and promoters market many of these plans. Often they are marketed through seminars. Some promoters offer commissions to lawyers and accountants who refer their clients. Earn a commission or opine on the tax deductibility of the plan and you may find yourself as a defendant in a lawsuit.

Many of these plans not only fail to deliver the promised tax benefits, they are complete scams or are constructed in such a way that taxpayers can't get their money back if circumstances change. When that happens, these same taxpayers will seek any deep pocket they can find. Often that is the accountant.

If a client has already made a contribution and purchased a plan, think long and hard as to whether you should sign the return without a thorough review and all required disclosures. It may be worthwhile to suggest the taxpayer find tax counsel. There is a risk of losing the client, of course, but is the risk worth the potential civil liability and penalties if the plan does not pass IRS muster?
Lance Wallach take on this article. I do not think it is all up to date. For more on 419 scams Google me or try www.taxaudit419.com for lots of articles. We have been helping people for years with these problems.

Lance Wallach, CLU, ChFC, CIMC, speaks and writes extensively about financial planning, retirement plans, and tax reduction strategies. He is an American Institute of CPA’s course developer and instructor and has authored numerous best selling books about abusive tax shelters, IRS crackdowns and attacks and other tax matters. He speaks at more than 20 national conventions annually and writes for more than 50 national publications. For more information and additional articles on these subjects, visit www.vebaplan.com, www.taxlibrary.us, lawyer4audits.com or call 516-938-5007

IRS Hiring Agents in Abusive Transactions Group

FAST PITCH NETWORKING

Posted: Dec. 10

By Lance Wallach

Here it is. Here is your proof of my predictions. Perhaps you didn’t believe me when I told you the IRS was coming after what it has deemed “abusive transactions,” but here it is, right from the IRS’s own job posting. If you were involved with a 419e, 412i, listed transaction, abusive tax shelter, Section 79, or captive, and you haven’t yet approached an expert for help with your situation, you had better do it now, before the notices start piling up on your desk.

A portion of the exact announcement from the Department of the Treasury:

Job Title: INTERNAL REVENUE AGENT (ABUSIVE TRANSACTIONS GROUP)

Agency: Internal Revenue Service

Open Period: Monday, October 18, 2010 to Monday, November 01, 2010

Sub Agency: Internal Revenue Service

Job Announcement Number: 11PH1-SBB0058-0512-12/13

Who May Be Considered:

· IRS employees on Career or Career Conditional Appointments in the competitive service

· Treasury Office of Chief Counsel employees on Career or Career Conditional Appointments or with prior competitive status

· IRS employees on Term Appointments with potential conversion to a Career or Career Conditional Appointment in the same line of work

According to the job description, the agents of the Abusive Transactions Group will be conducting examinations of individuals, sole proprietorships, small corporations, partnerships and fiduciaries. They will be examining tax returns and will “determine the correct tax liability, and identify situations with potential for understated taxes.”

These agents will work in the Small Business/Self Employed Business Division (SB/SE) which provides examinations for about 7 million small businesses and upwards of 33 million self-employed and supplemental income taxpayers. This group specifically goes after taxpayers who generally have higher incomes than most taxpayers, need to file more tax forms, and generally need to rely more on paid tax preparers.” Their examinations can contain “special audit features or anticipated accounting, tax law, or investigative issues,” and look to make sure that, for example, specialty returns are filed properly.

The fines are severe. Under IRC 6707A, fines are up to $200,000 annually for not properly disclosing participation in a listed transaction. There was a moratorium on those fines until June 2010, pending new legislation to reduce them, but the new law virtually guarantees you will be fined. The fines had been $200,000 per year on the corporate level and $100,000 per year on the personal level. You got the fine even if you made no contributions for the year. All you had to do was to be in the plan and fail to properly disclose your participation.

You can possibly still avoid all this by properly filing form 8886 IMMEDIATELY with the IRS. Time is especially of the essence now. You MUST file before you are assessed the penalty. For months the Service has been holding off on actually collecting from people that they assessed because they did not know what Congress was going to do. But now they do know, so they are going to move aggressively to collection with people they have already assessed. There is no reason not to now. This is especially true because the new legislation still does not provide for a right of appeal or judicial review. The Service is still judge, jury, and executioner. Its word is absolute as far as determining what is a listed transaction.

So you have to file form 8886 fast, but you also have to file it properly. The Service treats forms that are incorrectly filed as if they were never filed. You get fined for filing incorrectly, or for not filing at all. The Statute of Limitations does not begin unless you properly file. That means IRS can come back to get you any time in the future unless you file properly.

If you don’t want these new IRS Agents, or any other IRS agents for that matter, to be earning their paychecks by coming after you, make sure you have done all you can to ensure that you have filed properly by reaching out for expert help today.

Want to get your money back from your broker, insurance agent, shoe salesman or Insurance Company.

Securities Fraud and Other Investment Losses/fraudulent sales practices: Some of the more common securities liability issues include: the placement of unauthorized transactions, the recommendation of unsuitable transactions, over-concentration of certain positions in an account, churning, annuity switching, failure to execute trades, excessive or unsuitable use of margin, selling away, theft from an account, negligent retirement advice, misrepresentations or omissions regarding investments, recommendation of variable annuities, forged documents, options fraud, unsuitable welfare benefit plans, abuse of a vulnerable adult, whistleblower, or negligent investment strategy.

Unauthorized transactions:

Unauthorized trading occurs when a trading account is non-discretionary (that is the broker is not provided with authority to execute trades on his/her own) and the broker places a trade without the customer’s authority.

Unsuitable investments:

Brokers are required to conduct a “Suitability Review” to determine if a specific investment or investment strategy is appropriate for a given customer. The NASD has specific conduct rules where a broker recommends to a customer the purchase, sale or exchange of any security. The broker/dealer and the registered representative shall have reasonable grounds for believing that the recommendation is suitable for each customer on the basis of the facts, if any, disclosed by the customer as to his other security holdings and as to his financial situation and needs. Prior to the execution of any transaction the broker/dealer and the registered representative involved shall make reasonable efforts to obtain information concerning (a) the customer’s financial status, (b) the customer’s tax status, (c) investment objectives and (d) such other information used or considered to be reasonable in making recommendations to the customer.

Duty to Know Your Customer:

The basic rule of broker-customer relationships is “know your customer”. Brokers are required to obtain a detailed knowledge of a customer’s assets, income, investment objectives and risk tolerance to be in compliance with the NASD/FINRA and other regulations. The surest indication of a failure to follow these rules in customer relationships is a pattern of sales or other transactions obviously designed to reward the Registered Representative rather than meet the customer’s needs.

Over Concentration:

Over concentration occurs when a stockbroker invests a large portion of a customer’s portfolio into a single investment or sector of the market or asset class. A stockbroker who fails to sufficiently diversify a client’s investment portfolio substantially increases the risk of potential investment losses.

Churning:

A claim for churning arises when a broker excessively trades securities in an investment account in order to generate commissions. Churning is a violation of industry standards and constitutes fraud.

Annuity Switching:

A form of churning, which involves switching a client from one annuity to another in order to earn an additional commission.

Failure to Execute:

A broker can be liable for a failure to execute if he/she fails to place a trade ordered by the customer. Sometimes this is referred to as a dropped ticket where the broker negligently fails to execute a trade.

Selling Away:

Private securities transactions (otherwise known as “selling away”) are outside business activities involving securities transactions and are governed by NASD Conduct Rules. Broker/dealers have very strict rules on the sale of securities that are not reported to the company and representatives are precluded from engaging in any private securities transactions without prior written permission from the company.

Excessive or Unsuitable Use of Margin:

Exposing an investor to substantial risk through a margin account (a brokerage account with a line of credit that makes substantial profit for the brokerage firm).

Theft from Account:

Theft occurs when a stockbroker takes money form a client’s personal accounts for the broker’s personal use without the knowledge of the client. Theft in an account may include transactions in discretionary accounts in excess of that approved by a client, unauthorized transactions or unauthorized borrowing or use of a client’s assets.

Negligent Retirement Advice:

In certain circumstances, stockbrokers or financial planners can be held liable for providing negligent advice on when to retire.

Misrepresentations or Omissions:

Securities brokers have a duty to ensure that the information they convey to their clients is accurate and complete. Otherwise, the broker can be held liable for a material misrepresentation or omission of material fact regarding an investment or investment strategy.

Variable Annuities:

Variable annuities are frequently unsuitable investments for certain individuals. Often the annuity contracts or promotions do not explicitly describe the high surrender charges, excessive commissions, and high cost of offering the variable annuity benefits such as tax deferral and death benefits. Investors are oftentimes misled with the promise of guaranteed returns when returns from variable annuities are not actually guaranteed and the return depends on market reactions or volatility of the stock market.

Forged Documents:

Sometimes brokers forge signatures on investment related forms such as new account forms and options account agreement. The attorneys at Mathews Wallace LLP are always on the lookout for forged documents.

Options Fraud:

Options are complicated and extremely risky investments only suitable for individuals who understand the enormous risk of options and can afford to lose a significant part of their investment.

Bogus Welfare Benefit Plans (419 Plans):

The IRS has sought penalties against individuals and companies of up to $200,000 per year for participating in bogus welfare benefit plans. Many companies attempted to obtain favorable tax treatment by creating plans that were set up pursuant to IRS Code section 419 (Section 419A(f)6 and Section 419(e)). Ultimately, the IRS has determined that abusive welfare benefit plans are “listed transactions” which require the participant in the plan to fill out a special IRS form, Form 8886, disclosing participation in a listed transaction. While not every plan is illegal, the IRS requires that you disclose your investment in the plan. If you fail to disclose your participation in a plan the penalties can be significant and even more for companies. If you or your company received a notice from the IRS about penalties and interest regarding your participation in a 419 Plan contact us to discuss your options. Such plans were sold as 419(e), 419A(f)(6) and 419 plans.

Employee Retirement Plans

California Broker, June 2011By Lance Wallach412i, 419, Captive Insurance and Section 79 Plans; Buyer BewareThe IRS has been attacking all 419 welfare benefit plans, many 412i retirement plans, captive insurance plans with life insurance in them,
and Section 79 plans. IRS is aggressively auditing various plans and calling them “listed transactions,” “abusive tax shelters,” or
“reportable transactions,” participation in any of which must be disclosed to the Service. The result has been IRS audits, disallowances,
and huge fines for not properly reporting under IRC 6707A.

To Read More Click Link Below:
http://lancewallach.com/files/EmployeeRetirementArticlePDF.pdf

412i Tax Shelter Fraud Litigation - How It Works

Lance Wallach

PARTIES:

Typically, these transactions will include an Insurance company, accountant, tax attorney, and a promoter (someone with an insurance background, perhaps an actuary, who knows how to structure the policy itself). These groups will use insurance brokerages and sub-agents (licensed in the various states) to sell the policies themselves.

INSURANCE COMPANIES

AMERICAN GENERAL LIFE INSURANCE COMPANY® INDIANAPOLIS LIFE INSURANCE COMPANY®

HARTFORD LIFE AND ANNUITY INSURANCE COMPANY® PACIFIC LIFE INSURANCE COMPANY®

BANKERS LIFE and OTHERS®?

4121iHOW THESE PLANS WORK:

In the late 1990’s, the individuals and groups above devised a scheme to sell abusive tax shelters under the auspices of Section 412(i) of the tax code. A 412(i) is a defined benefit pension plan. It provides specific retirement benefits to participants once they reach retirement and must contain assets sufficient to pay those benefits. A 412(i) plan differs from other defined benefit pension plans in that it must be funded exclusively by the purchase of individual life insurance products. To create a 412(i) plan, there must be a trust to hold the assets. The employer funds the plan by making cash contributions to the trust, and the Code allows the employer to take a tax deduction in the amount of the contributions, i.e. the entire amount.

The trust uses the contributed funds to purchase some combination of life insurance products (insurance or annuities) for the plan. As the plan participants retire, the trust will usually sell the policies for their present cash value and purchase annuities with the proceeds. The revenue stream from the annuities pays the specified retirement benefit to plan participants.

These defendants (with the aid and knowledge of the insurance companies) used the traditional structure and sold life insurance policies with excessively high premiums. The trust then uses the large cash contributions to pay high insurance premiums and the employer takes a deduction for the sum of those large contributions. As you might expect, these policies were designed with excessively high fees or “loads” which provided exorbitant commissions to the insurance companies and the agents who sold the products.

The policies that were sold were termed Springing Cash Value Policies. They had no cash value for the first 5-7 years, after which they had significant cash value. Under this scheme, after 5-7 years, and just before the cash value sprung, the participant purchases the policy from the trust for the policy’s surrender value. In theory, you have a tax free transaction.

The IRS does not recognize the tax benefit of such a plan and has repeatedly issued announcements indicating that such plans are contrary to federal tax laws and regulations.

I am not an attorney but I learned some of the above information from attorney’s Mr. Ford’s website.

Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA faculty of teaching professionals, is a frequent speaker on retirement plans, financial and estate planning, and abusive tax shelters. He writes about 412(i), 419, and captive insurance plans. He speaks at more than ten conventions annually, writes for over fifty publications, is quoted regularly in the press and has been featured on television and radio financial talk shows including NBC, National Public Radio's All Things Considered, and others. Lance has written numerous books including Protecting Clients from Fraud, Incompetence and Scams published by John Wiley and Sons, Bisk Education's CPA's Guide to Life Insurance and Federal Estate and Gift Taxation, as well as AICPA best-selling books, including Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots. He does expert witness testimony and has never lost a case. Contact him at 516.938.5007, wallachinc@gmail.com or visit www.taxaudit419.com and www.taxlibrary.us

The Future of Life Settlements

Lance Wallach

President, VEBA Plan

Lance Wallach is the National Society of Accountants Speaker of the Year and the President of VEBA Plan, a New York based accounting, insurance, financial, and estate planning consulting firm. Some of Mr. Wallach's national engagements have included National Association of Attorney... Full Profile

By Lance Wallach Many insurance professionals now think that the life settlement market is ending. Agents assisting their clients in the sale of their unneeded life insurance policies have no doubt been frustrated by the lack of bids in the current life... Read More

And what about the lawsuits that have started? The life settlement market saw double-digit annual growth for a decade until 2008. When the financial crisis hit, global markets and credit evaporated, and the life settlement markets came to a standstill. How did this happen to a market that was supposedly not correlated to other markets?

The life settlement market has long been touted as a non-corollary asset class. Even today many promoters looking to raise funds from investors still highlight this investment benefit. I have always doubted everything about the market and have urged people to stay away. How would you know if Tony Soprano is buying your mother’s life insurance policy? I am a member of the Sons of Italy. I was awarded membership even though I am Jewish. Why? Because I am a friend of the President of the local chapter.

Interest rates and stock market prices impact the portfolios of life insurance carriers. The solvency of a life insurance company directly impacts its ability to meet death claims. Why would life settlements be immune? If carriers like AIG teeter on the edge of financial ruin, then credit risk becomes a primary concern for life settlement investors. You may have heard that an ‘A’-rated carrier has never failed to pay a death claim. This is a great lie. The insurance company is usually no longer rated ‘A’ by the time they fail to pay.

I think that the life settlement market will not have any future source of funds within two years.

Life insurance companies have been attacking the market for years. Their vast experience in underwriting has already proven victorious as table changes in 2008 damaged the Net Asset Value of all life settlement funds. Their lobbying against life settlements has also been successful. Overly burdensome and poorly written life settlement regulation in various states has simultaneously increased the operating expenses for life settlement firms and decreased the opportunity for the consumer.

Life insurance companies are adjusting their COI rates higher and blaming life settlements for the change. They will sell insurance to preserve and protect wealth, yet the very products they sell are backed by investments mired in mountains of debt, equities with high P/E ratios, and issued in a currency that is deeply flawed. Even though many carriers survived the Great Depression, our financial markets are considerably more complex today than they were then and this may cause many carriers to soon find themselves with big problems in the future.

Lance Wallach, CLU, ChFC, the National Society of Accountants Speaker of the Year, also writes about retirement plans, 412(i) plans, and 419 plans. He speaks at more than ten conventions annually, writes for over fifty publications, and is quoted regularly in the press. He has authored numerous books for the AICPA, Bisk TotalTape, Wiley and others. Mr. Wallach does expert witness work and his side has never lost a case.

The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.