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Legislative and Regulatory Comments by ACTEC

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 comments are below.

ACTEC submits comments on proposed regulations IRS REG-105954-20. The Proposed Regulations address the required minimum distribution requirements for plans qualified under Code section 401(a) and are intended to update the regulations to reflect the amendments made to Code section 401(a)(9) by sections 114 and 401 of the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”). (May 24, 2022)

ACTEC submits comments pursuant to Notice of Proposed Rulemaking (NPRM), Docket Number FINCEN-2021-0005 and RIN1506-AB49 the Corporate Transparency Act FinCEN Notice of Proposed Rulemaking of Regulations for Beneficial Ownership Information Reporting Requirements Questions 15, 16, 17, 20, & 21 (February 4, 2022)

ACTEC submits comments in response to an ANPRM RIN 1506-AB-54, by FinCEN regarding potential requirements under the Bank Secrecy Act (“BSA”) regarding, broadly, the reporting of certain information by certain persons regarding certain non-financed real estate transactions (February 4, 2022)

FATF’s review of R.25 of the FATF Recommendations in relation to beneficial ownership of legal arrangements (December 2021)

ACTEC submits Request to the National Association of Secretaries of State (NASS) for State Issuance of Electronic Apostilles (e-App) by Secretaries of State. (August 10, 2021)

ACTEC submits to Treasury a Request for Guidance Regarding Section 401 of the SECURE Act to Issue Soon. (July 23, 2021)

ACTEC submits a Report on Grantor Trusts (June 24, 2021)

ACTEC submits recommendations pursuant to Notice 2021-28, 2021-18 I.R.B. 1130, published April 14, 2021, which invites recommendations for items that should be included on the 2021-2022 Priority Guidance Plan. (May 26, 2021)

ACTEC submits a Report with recommendations to revise IRC Section 6166 and to propose the enactment of a new IRC Section 6166A to address important issues related to providing deferral treatment for federal estate tax and generation-skipping transfer tax attributable to closely held business interests. (May 17, 2021)

ACTEC comments on questions pertinent to the implementation of the Corporate Transparency Act (CTA), enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA) in response to the advance notice of proposed rulemaking RIN 1506-AB49 and FINCEN—2021—0005 (ANPRM) (May 4, 2021)

ACTEC Comments concerning IRS Form 8971, Information Regarding Beneficiaries Acquiring Property from a Decedent (April 19, 2021)

ACTEC Request For Further Postponement Relief for Tax Return Filings, Tax Payments, and Certain Other Matters Due to the COVID-19 Emergency (April 5, 2021)

ACTEC comments on Treasury Notice 85 Fed. Reg. 49754 and commends Treasury and the IRS for drafting such a well-organized package of proposed regulations under Code Section 1061. (October 5, 2020)

ACTEC submits Part 2 of its request for guidance from Treasury regarding Section 401 of the SECURE Act, providing Treasury with detailed and comprehensive comments that address varying issues under the SECURE Act. (July 29, 2020)

ACTEC requests guidance from Treasury that will assist taxpayers with issues raised by the changes to the required minimum distributions (“RMDs”) after the death of an Employee found in Section 401 of the Setting Every Community Up for Retirement Enhancement Act of 2019, Pub. L. 116–94, part of the Further Consolidated Appropriations Act, 2020 (the “SECURE Act”) (July 14, 2020)

ACTEC submits comments on Treasury Notice 85 Fed. Reg. 27693 (5/11/20): Proposed Regulations on Income Tax Regulations (26 CFR part 1) under sections 67 and 642 of the Internal Revenue Code (June 22, 2020)

ACTEC Fellow Gregory V. Gadarian's request for a public hearing and the opportunity to speak at the hearing on the proposed regulations on Income Tax Regulations (26 CFR part 1) under sections 67 and 642 of the Internal Revenue Code (June 22, 2020)

ACTEC submits request for guidance from Treasury regarding Section 2203 of the CARES Act (April 24, 2020)

ACTEC request for interim guidance from Treasury that ACTEC believes will be needed by
taxpayers in 2020 to adequately address the changes the SECURE Act made in the law
relating to distributions from inherited plan accounts and IRAs after the death of the
plan participant or IRA owner
(March 31, 2020)

ACTEC submits memorandum setting forth its request for further postponement relief for tax return filings, tax payments, and certain other matters due to the COVID-19 emergency (March 27, 2020)

ACTEC submits report on Report on Proposals to Tax the Deemed Realization of Gain on Gratuitous Transfers of Appreciated Property (October 15, 2019)

ACTEC comments on issues related to Treasury Regulation §1.965-7(b)(3) and §1.965-7(c)(3).(August 2, 2019)

ACTEC Comments on Proposed Regulations on Qualified Opportunity Funds under Code Section 1400Z-2 (June 27, 2019)

ACTEC recommendations for 2019-2020 Priority Guidance Plan (Notice 2019-30) (June 5, 2019)

ACTEC Resubmission of guidance with respect to the coordination of the foreign corporation anti-deferral rules and subchapter J (March 8, 2019)

ACTEC Comments on IRS Notice 2018-61 regarding the effect of new section 67(g) of the Internal Revenue Code on the ability of the beneficiary to deduct amounts comprising the section 642(h)(2) excess deduction upon termination of a trust or estate (February 19, 2019)

ACTEC Comments on Treasury Notice 83 Fed. Reg. 54279 (10/29/18): Comments on Proposed Regulations on Qualified Opportunity Funds under Code Section 1400Z-2 (December 27, 2018)

ACTEC to request depublication of the Scott v. McDonald case pursuant to Califomia Rules of Court, Rule 8.1125 (October 15,2018)

ACTEC comments on proposed regulations under Sections 199A and 643(f) (September 27, 2018)

ACTEC Comments to Joint Committee on Taxation, House Ways and Means, and Senate Finance Committee re Repeal of I.R.C. Section 682 (July 5, 2018)

ACTEC Comments on guidance in connection with the Repeal of Section 682 (Notice 2018-37) (July 2, 2018)

ACTEC recommendations for 2018-2019 Priority Guidance Plan (Notice 2018-43) (June 15, 2018)

ACTEC Comments on IRS Form 8971 (November 30, 2017)

Comments on How Legislation Similar to the Retirement Enhancement and Savings Act of 2016 Would Implement a Five-Year Limit on Post-Death Retirement Distributions (November 27, 2017)

ACTEC Proposal Concerning Federal Estate Tax Recovery Provisions (August 7, 2017)

ACTEC comments on Eligibility of Trusts to Participate in an Election Out of the Partnership Audit Rules under New Section 6221 (August 4, 2017)

ACTEC Comments re: Notice 2017-38 (August 1, 2017)

ACTEC recommendations for 2017-2018 Priority Guidance Plan (Notice 2017-28) (May 26, 2017)

ACTEC Comments on Discretionary Trusts (February 22, 2017)

ACTEC Proposal to Extend IRS Authority to Grant Relief (February 2, 2017)

ACTEC Comments re: Partnership Audit Rules re: Trusts (December 13, 2016)

ACTEC Comments on Proposed Regulations Under Section 2704 (October 27, 2016)

ACTEC Speakers Presented Oral Testimony to the IRS on Proposed Regulations Regarding "Consistent Basis Reporting Between Estate and Person Acquiring Property from Decedent (REG-127923-15)" (June 27, 2016)

ACTEC Comments on Proposed Regulations Under Sections 1014(f) and 6035 (May 27, 2016)

ACTEC Recommendations for 2016-2017 Guidance Priority Plan - Notice 2016-26 (May 10, 2016)

ACTEC Comment on Proposed Section 2801 Regulations (March 10, 2016)

ACTEC Comments re: Notice 2015-57 (January 19, 2016)

ACTEC Comments on REG-130507-11 Trusts/Estates (September 25, 2015)

ACTEC Recommendations for 2015-2016 Guidance Priority Plan (Notice 2015-27) - April 28, 2015

ACTEC Proposed revisions to the ECPA and to the CFAA to clarify that fiduciaries may exercise authority over a person?s digital assets - January 28, 2015

ACTEC Comment to Notice of Proposed Rule Making—Customer Due Diligence Requirements for Financial Institutions (Regulatory Identification Number: 1506-AB25) - October 2, 2014

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

ACTEC Comment to address issues presented by the current version of Form 8854 (Initial and Annual Expatriation Statement) and its Instructions, and make recommendations for resolving these issues. - July 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