Mr. Bernstein is responsible for having created new law in the Tax Court and the Superior Court of New Jersey as a result of his success in winning the following cases for his clients which were published to create new law:
Tenant granted right to control tax appeal over landlord’s objection.
See Aperion Enterprises, Inc. and Quo Non Ascendet, Inc. v. Borough of Fair Lawn.
Retail store owner protected from landlord by corporate shield.
See Cantor and Masin v. Sunshine Greenery, Inc. Click here.
Mr. Bernstein was also interviewed for the following article on Medscape:
The Kane Scrutiny: Money and Medicine
Ethical Dilemma: Would you postpone a patient’s death to reduce the family’s estate taxes?
Leslie Kane, Other, 12:57PM Jan 6, 2010
“In 2009, $3.5 million of an estate was exempt from taxation, and any amount over that–in this case, $1.5 million–would have been subject to a maximum 45% marginal tax bracket,” says Robert A. Bernstein, Esq, LLC, estate planning attorney in Morristown, NJ, and New York City. “By waiting until Jan. 1, 2010, the family would not have to pay the tax, which would have been in the range of $660,000.”
Important update on the repealed estate tax:
It’s possible that the one-year reprieve of the estate tax might not last the year, says Robert Bernstein, Esq.
“Most tax attorneys feel Congress will not sit idly and allow there to be no US estate taxes until 2011, with the economy being what it is and with the government need for revenue,” says Bernstein. “There are bills pending which could be passed in 2010 which would address this.
“The US estate tax is the easiest tax to impose,” says Bernstein. “It affects a much smaller population than does the income tax, and it affects the wealthier people.
“Also, it doesn’t affect the deceased husband and wife; it affects their children. A lot of people think that if the kids inherit a little less, and if the government gets more money, that’s not a bad thing.”
If Congress does pass a bill reinstating the estate tax for 2010, they could potentially make it retroactive to Jan. 1, in which case the doctor kept the patient alive for no reason. However, typically, tax bills are not retroactive.
“Right now, since Jan. 1, 2010, there’s no US estate tax. As of Jan. 1, 2011, the estate tax will go back into effect with a maximum marginal tax bracket of 50% and the exemption will be $1 million, not the $3.5 million of 2009,” says Bernstein.