Insights & Developments

By Steven B. Gorin, Esq.
Thompson Coburn LLP, St. Louis, MO

When are reformations respected to determine the life expectancy used under the required minimum distribution rules of §401(a)(9)?

Regs. §1.401(a)(9)-4, Q&A-4, provides that an employee's designated beneficiary will be determined based on the beneficiaries designated as of the date of death who remain beneficiaries as of September 30 of the calendar year following the calendar year of the date of death.

By Steven B. Gorin, Esq.
Thompson Coburn LLP, St. Louis, MO

In Olmstead vs. FTC, No. SC08 1009 (Fla. 6/24/10) (http://www.floridasupremecourt.org/decisions/2010/sc08-1009.pdf), the Florida Supreme Court held that "a court may order a judgment debtor to surrender all right, title, and interest in the debtor's single-member LLC to satisfy an outstanding judgment." This confirms the trend of courts in "reverse piercing" cases for single-member LLCs.