Craig D. Bell* & Michael H. Brady**
This article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its sections cover legislative activity, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year.
* Partner, McGuireWoods LLP, Richmond, Virginia. LL.M., 1986, Marshall-Wythe School of Law, College of William & Mary; J.D., 1983, State University of New York at Buffalo; M.B.A., 1980, Syracuse University; B.S., 1979, Syracuse University.
Mr. Bell is the immediate past chair of McGuireWoods Tax and Employee Benefits Department, practices primarily in the areas of state and local taxation, and civil and criminal tax litigation. He is a Fellow of the American College of Tax Counsel, a Fellow of the Virginia Law Foundation, a Fellow of the American Bar Foundation, a Master of the J. Edgar Murdock Inn of Court (United States Tax Court), an adjunct professor of tax law at the College of William & Mary School of Law, and a past chair of both the Tax and Military Law sections of the Virginia State Bar and the Tax Section of the Virginia Bar Association. Mr. Bell is an emeritus director of The Community Tax Law Project, a nonprofit pro bono provider of tax law services for the working poor, and is its recipient of the Lifetime Pro Bono Achievement Award for his pro bono work in representing hundreds of Virginians before the IRS and in United States Tax Court and federal district court, as well as developing and training many lawyers in the area of federal tax law to expand pro bono tax representation for low-income taxpayers.
** Counsel, McGuireWoods LLP, Richmond, Virginia. J.D., 2009, University of Texas School of Law; B.S., 2006, Liberty University. Following law school Mr. Brady clerked for Chief Justice Cynthia D. Kinser of the Supreme Court of Virginia from 2009 to 2011. He then served as the assistant solicitor general in the Office of the Attorney General of Virginia from 2011 to 2014, joining McGuireWoods LLP in 2014.
J. William Gray, Jr.* & Katherine E. Ramsey**
The 2018 Virginia General Assembly enacted legislation to conform the interpretation of wills with trusts, revised the recent trust decanting and augmented estate statutes, and provided a procedure for resolving doctor/patient disputes over appropriate medical care. It also confirmed the creditor protection available for life insurance and annuities, and addressed certain entities’ eligibility for real and personal property tax exemptions, annual disclosures of charitable organizations’ administrative and charitable service expenses, virtual nonstock corporation member meetings, bank directors’ stock holdings, the disposition of unused tax credits at the taxpayer’s death, and fiduciary qualification without surety. The Supreme Court of Virginia handed down eight recent decisions addressing the presumption of undue influence, requirements for estoppel and preclusion, the signature requirement for a proper codicil, trust governing law and interpretation, the fiduciary duties of agents, the jurisdiction of Commissioners of Accounts, and appraisal requirements for state tax credits.
* Partner, McGuireWoods LLP, Richmond, Virginia. J.D., 1977, University of Virginia; B.S.I.E., B.A., 1973, Rutgers University.
** Partner, Virginia Estate & Trust Law, PLC, Richmond, Virginia. J.D., 1998, University of Virginia; M.S., 1988, Boston University; B.A., 1986, Virginia Polytechnic Institute and State University.
Nadine Marsh-Carter*, Bruin S. Richardson, III**, Laura Ash-Brackley*** & Cassie Baudeán Cunningham****
In 2017, 446 youths left the foster care system in Virginia without a permanent family. The most recent data shows that nationwide, approximately 20,500 youths leave the foster care system without a permanent family each year. Out of fifty states, Virginia is ranked forty-ninth for the rate at which youth exit the foster care system without permanency. In 2016, Virginia had 19% of foster youth age out of foster care as compared to 8% nationally.
* President & Chief Executive Officer, Children’s Home Society of Virginia, Richmond, Virginia. J.D., 1995, University of Richmond School of Law; B.A., 1986, University of Richmond.
** Chief Advancement Officer, Children’s Home Society of Virginia, Richmond, Virginia. J.D., 1989, University of Michigan Law School; B.A., 1986, Washington and Lee University.
*** Chief Programs Officer, Children’s Home Society of Virginia, Richmond, Virginia. M.S.W., 1989, University of Maryland; B.S.W., 1985, West Virginia University.
**** Policy & Research Analyst, Children’s Home Society of Virginia, Richmond, Virginia. J.D., 2011, University of Richmond School of Law; B.A., 2008, Virginia Commonwealth University.