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Legislative and Regulatory Analysis
ACTEC will periodically provide technical comment and expertise to the Congress, the Internal Revenue Service, and the Department of the Treasury in regard to proposed or existing regulations, forms or other administrative rulings. Examples of the range of comment are as follows.

ACTEC Proposal to Amend Charitable Remainder Trust Requirements - September 9, 2014

ACTEC Recommendations for 2014-2015 Guidance Priority Plan (Notice 2014-18) - April 30, 2014

ACTEC Recommendations for REG-130843-13 Regarding the Net Investment Income Tax - February 24, 2014

ACTEC Washington Affairs Committee Comments on Administration’s Green Book Proposals - August 15, 2013

ACTEC Recommendations for 2013-2014 Guidance Priority List (Notice 2013-22) - April 30, 2013

ACTEC Comments in Support of 9100 Relief - April 3, 2013

ACTEC Talking Points for Meeting with Congressional Staff Members - October 1, 2012

ACTEC Comments on Proposed Regulations Relating to Information Reporting by Foreign Financial Institutions and Withholding on Certain Payments to Foreign Financial Institutions and Other Foreign Entities (REG-121647-10) Released February 15, 2012 - April 30, 2012

ACTEC Recommendations for 2012-2013 Guidance Priority List (Notice 2012-25) - April 30, 2012

ACTEC Comments on Transfers by a Trustee from an Irrevocable Trust to Another Irrevocable Trust (Sometimes called “Decanting”) (Notice 2011-101) Released December 21, 2011 - April 2, 2012

ACTEC Comments following the FATF Consultative Forum Meeting in Milan, December 5 and 6, 2011 - December 12, 2011

ACTEC Past President Ronald D. Aucutt Comments on Proposed Regulations under Section 67(e) of the Internal Revenue Code - December 6, 2011

Eight Recommendations to Improve Implementation of Existing Tax Laws - November 2, 2011

ACTEC Comments on Notice 2011-82 - October 28, 2011

ACTEC Comments on FATF Consultation Paper - August 8, 2011

ACTEC Joins Coalition of Professional Organizations Opposing Loophole in H.R. 1249, the America Invents Act - June 21, 2011

ACTEC Comments on the Hiring Incentives to Restore Employment (“HIRE”) Act, Pub. L. No. 111-147, 124 Stat. 71 (2010) and Notice 2010-60 - January 7, 2011

ACTEC Comments on Extension of Marital Deduction Reformations to U.S. Citizens - October 22, 2010

ACTEC Joins Coalition of Professional Organizations Urging Legislation to Ban Tax Strategy Patents - September 28, 2010

ACTEC Input on Proposed PTIN Regulations - September 10, 2010

ACTEC Comments on Form 8855, Election To Treat a Qualified Revocable Trust as Part of an Estate - August 3, 2010

ACTEC Request Re: Successor Beneficiaries of Trusts (Reg § 1.401(a)(9)-5, A-7(b) and (c)); Spousal Rollovers When an Estate or Trust is Designated (IRC §§ 402(c) and 408(d)) - July 1, 2010

ACTEC Proposals for Guidance With Respect to the Coordination of the Foreign Corporation Anti-Deferral Rules and Subchapter J - June 23, 2010

ACTEC Suggestions Addressing Technical Issues Relating to the Estate and GST Taxes - June 18, 2010

ACTEC Comments on FATF Recommendations 5, 33, and 34 As They Apply to Trusts - May 28, 2010

ACTEC Comments on Proposed FBAR Regulations - May 3, 2010

Issues Raised by the One-Year Suspension of the Estate and GST Taxes - February 22, 2010

ACTEC Comments on Tax Strategy Patent Legislation - October 21, 2009

ACTEC Request for Revenue Ruling Regarding Spousal Rollovers - IRC Sections 402(c) and 408(d)(3). - April 15, 2009

ACTEC Report on the Stop Tax Haven Abuse Act (S.681) and the Incorporation Transparency and Law Enforcement Assistance Act (S.2956) - February 17, 2009

ACTEC Comments on Classification of Trusts as Domestic or Foreign - December 9, 2008

ACTEC Comments On Proposed Revenue Ruling on the Tax Consequences of the Use of Private Trust Companies - November 4, 2008

ACTEC Past President Ronald D. Aucutt Comments on Notice 2008-63 (Private Trust Companies) - November 3, 2008

ACTEC Comments on Proposed Regulations Relating to Internal Revenue Code Section 2032 - July 22, 2008

ACTEC Comments on Proposed Regulations under Section 67(e) of the Internal Revenue Code - May 27, 2008

ACTEC Comments On Proposed Regulations Relating to Patents as Reportable Transactions under Internal Revenue Code Sections 6011 and 6111 (REG-129916-07) - May 14, 2008

ACTEC Comments Concerning Proposed Section 529 Rulemaking - April 16, 2008

ACTEC Comments Concerning Expatriation Legislation - December 7, 2007

ACTEC Comments Concerning the Patentability of Tax Planning Methods - October 23, 2007

ACTEC International Estate Planning Committee Expatriation Subcommittee Comments Concerning Expatriation Legislation - October 10, 2007

ACTEC Endorsement of the Response by the Estate and Gift Tax Committee of the Real Property, Trust and Estate Law Section of the American Bar Association to the Request in IRS News Release IR-2007-127 on July 9, 2007 for comment on certain private letter rulings - October 9, 2007

ACTEC Comments on Proposed Regulations issued on the Application of Sections 2036 and 2039 to Grantor Retained Interest Trusts (REG-119097-05) on June 7, 2007 - September 5, 2007.

Request for Guidance on Granting First Spouse to Die a General Power of Appointment over the Surviving Spouse's Property. - August 10, 2007

ACTEC Request for Guidance Clarifying Reg. § 1.401(a)(9)-5, A-7(b) and (c) - August 10, 2007

Re: Pension Protection Act of 2006 - July 24, 2007

ACTEC Comments on Proposed Regulations issued under section 2053 (REG-143316-03) on April 23, 2007 - July 23, 2007

Re: Section 9100 Relief for Allocations of GST Exemption - July 16, 2007

ACTEC Request for Revenue Ruling on Granting First Spouse To Die a General Power of Appointment Over the Surviving Spouse's Property - July 23, 2004

ACTEC Request for Published Ruling Clarifying Reg. § 1.401(a)(9)-5, A-7(b) and (c). - March 27, 2003

Amicus Curiae Filings
ACTEC will selectively file amicus curiae briefs in those court cases which present issues of special significance to the legal profession or the public, or which can contribute to the advancement of improving and reforming probate, trust and tax laws and procedures. ACTEC participates only in those cases where the position sought to be advanced represents sound policy, regardless of the parties involved.
ACTEC Amicus Brief on the Kimbell Case - January 9, 2004
Congressional Appearances / Testimony
Financial Action Task Force on Money Laundering (FATF)
FATF is an international, quasi-governmental organization which makes recommendations designed to combat international money laundering. Many of the FATF recommendations are directed at United States attorneys, particularly those with trust and estate practices, and those recommendations are often directly in conflict with United States attorneys client confidentiality requirements. ACTEC representatives are actively involved with FATF deliberations and provide invaluable input in trying to reconcile FATF recommendations with the ethical obligations imposed on US attorneys. The FATF Recommendations, and ACTEC’s commentary on those Recommendations are set forth below.
FATF Forty Recommendations
FATF Best Practices Development
In an effort to avoid the imposition of burdensome FATF derived regulations governing United States attorneys, the Department of the Treasury asked ACTEC and the American Bar Association (ABA) to develop a set of best practices to create standards of practice under the FATF Recommendations. To date, only ACTEC has completed its drafting of these best practices standards. They are set forth below.

Recommendations of Good Practices for ACTEC Fellows Seeking to Detect and Combat Money Laundering.

The ABA Task Force on Gatekeeper Regulation has developed the Voluntary Good Practices Guidance for Lawyers to Detect and Combat Money Laundering and Terrorist Financing (the “Guidance”). The United States Department of the Treasury has indicated informal approval of the Guidance. In addition the Guidance has been formally approved by a number of the sections of the ABA and a number of the specialty bars organizations, including ACTEC. ACTEC encourages all Fellows to read and embrace the Guidance and integrate it's recommendations into their practices.

Voluntary Good Practices Guidance for Lawyers to Detect and Combat Money Laundering and Terrorist Financing


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