Many Practical Issues That You Must Be Aware Of When Dealing With Retirement Assets

By Seymour Goldberg, JD, CPA, MBA
Many taxpayers have accumulated a considerable amount of wealth in their retirement account
arrangements. Estate and income tax planning as well as asset protection planning with retirement
type assets are extremely important.

This Guide covers many practical issues that you need to be aware of including avoiding
unintended beneficiaries of retirement accounts. Mistakes are often made and can lead to
headaches and be costly.
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The Guide includes the following topics:
• Common Errors in Retirement Distribution Planning
• Why Many Beneficiary Forms are Defective
• Unintended Beneficiaries of Retirement Accounts
• Important IRA Beneficiary State Court Cases
• Customized Sample Beneficiary Forms
• Advantages of Trusts as IRA Beneficiary
• Disadvantages of Trusts as IRA Beneficiary
• IRA Beneficiaries and Unpaid Estate Tax Liabilities
• Creditor Rights and Inherited IRAs under State law
• Danger Zone Article on Creditor Rights When an IRA is Payable to a Revocable Trust
• IRA Custodial Agreements and Default Beneficiaries
• Waiver of Penalty Rules Under Secure Act
• Special Separate Account Rules When There are Multiple Beneficiaries of a Deceased IRA Owner’s Account
About The Author
SEYMOUR GOLDBERG, CPA, MBA, JD, is a senior partner in the law firm of Goldberg & Goldberg, P.C., Melville, New York. Professor Emeritus of Law and Taxation at Long Island University. Former Director of the Tax Institute of the C.W. Post Campus of Long Island University. Recipient of the American Jurisprudence Award in Federal Estate and Gift Taxation from St. John’s University School of Law.

CLE instructor for many professional organizations including the New York State Bar Association, American Bar Association, NJICLE, City Bar Center for CLE, local bar associations and law schools. Mr. Goldberg is admitted to practice law in New York State.

Authored 4 manuals for the American Bar Association on IRAs and on Trusts as well as for other organizations such as the AICPA on the IRA Distribution Rules. His first Guide entitled “A Professional’s Guide to IRA Distribution Rules” was published by the Foundation for Accounting Education for the years 1993-1998. He has been interviewed on many technical IRA issues for Ed Slott’s IRA Advisor.

Mr. Goldberg handles probate matters, tax disputes with the IRS and the IRS appeals office, IRA penalty waivers and New York State Department of Taxation tax disputes. Represents clients in
IRS ruling requests (over 75). Wrote an amicus brief in the 2014 inherited IRA Supreme Court Case, Clark v. Rameker.

His manuals for the American Bar Association can be found in well over 100 law school libraries throughout the United States. He is a member of the Relations with the IRS Committee of the
New York State Society of Certified Public Accountants. He was formerly associated with the Internal Revenue Service.

Mr. Goldberg has conducted continuing education courses with the IRS on the retirement distribution rules. He has recommended corrections to IRS Publication 590 working pro bono with the IRS and then Congressman Steve Israel. This resulted in IRS revisions and the adoption of IRS Publication 590-A and IRS Publication 590-B.

He is the recipient of Outstanding Discussion Leader Awards from both the AICPA and the Foundation for Accounting Education. He has conducted well over 300 CPE programs in the field of taxation including over 100 CPE programs involving IRAs and IRA Compliance issues.

Mr. Goldberg has been quoted in the New York Times, Forbes, Fortune, Money Magazine, U.S. News & World Report, Business Week and the Wall Street Journal. He has also been interviewed on CNN, CNBC and WCBS.

Mr. Goldberg can be reached at 516-222-0422 or by email at info.goldbergira@gmail.com
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