Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 12-07-2011
Case Style: James Cunningham v. Aviva Life and Annunity Company
Case Number: 1-824 / 11-0371
Judge: Mullins
Court: Iowa Court of Appeals on appeal from the District Court, Polk County
Plaintiff's Attorney: Joseph A. Cacciatore of Graham, Ervanian & Cacciatore, L.L.P., Des Moines, for appellant.
Defendant's Attorney: John T. Clendenin, Stephanie G. Techau and Matthew R. Eslick of Neymaster, Goode, West, Hansell & O’Brien, Des Moines, for appellee.
Description: James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However, there was a genuine issue of material fact regarding Aviva’s indemnification claim, namely whether the underlying claim that resulted in the loss to Aviva was due at least in part to its own wrongful
419.Tax Search SKIP TO CONTENT WHAT IS A 419 PLAN? ABUSIVE TAX SHELTERS EXPERT WITNESS IN 419 PLAN AND OTHER CIVIL LITIGATION OUR SERVICES LANCE WALLACH ABOUT US CONTACT US 419, ABUSIVE TAX SHELTER 419 AND 412 PLAN FRAUD JULY 23, 2015 LANCE LEAVE A COMMENT by Lance Wallach by Lance Wallach You think you know what you are getting when you buy an insurance plan, but what do you do when you find out that your plan does not work they way you thought?
If you have been misled by your insurance broker, you may have been the victim of fraud. We protect the rights of the victims of 419 and 412 plan fraud. · Have you purchased an IRC 419 Employee Welfare Benefit Plan after being told the contributions were fully deductible from federal and state income taxes, only to find out that this was not the case? · Did you purchase a trust you may not have needed, funded with substantial amounts of life insurance because you were told you could build up cash value tax-free and then have use of the funds tax-free? If you have been misled about information regarding your employee welfare benefits, you may have been the victim of 419 and 412 plan fraud. When consumers are misled and given false information by insurance brokers, they have the right to sue the fraudulent agents and insurance company that sold the plan.
The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.
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RELATED Can You Recover Money from 419 and 412i Plans? In "419" Did You Participate in a 419 Plan, 412i Plan, or Abusive Tax Shelter? You Could Be Fined $200,000 Per Year! In "419" Warnings about 412 and 419 Plans In "419" 419419 INSURANCE WELFARE BENEFIT PLAN419 PLAN419 WELFARE PLANABUSIVE TAX SHELTERINTERNAL REVENUE CODEIRCLANCE WALLACH Post navigation PREVIOUS POST 412i, 419, Lawsuits, IRS Audits NEXT POST 419, 412i, Captive And Section 79 Plans Continue To Draw IRS Attention LEAVE A REPLY
Enter your comment here... HAVE YOU INVESTED IN A 419 PENSION PLAN?
If so, get to know the real truth behind your investment and what you can do to defend yourself. Since 2004, the IRS has amended the tax laws regarding these plans and thus has placed aggressive penalties and fines and aggressively auditing people who don’t know the truth. Consult with us today and let us help guide you through this serious situation and lower your financial risk. SOME 419 WELFARE BENEFIT PLANS THAT ATTRACTED IRS ATTENTION
•NOVA Benefit Plans (run by Dan Carpenter, Wayne Bursey, Guy Neumann, Kathy Kehoe, Joe Castagno and others), including: the SADI Plan, the Grist Mill Plan, Life One, among others •Benistar Plans (also run by Dan Carpenter, Wayne Bursey, Guy Neumann, Kathy Kehoe, Joe Castagno and others) •Niche Marketing •Millenium Plans •CJA & Associates (run by Raymond Ankner •Sea Nine VEBA •Compass Welfare Benefit Plan RECENT POSTS
BENISTAR 419 PLAN HELD BY TAX COURT TO BE A “LISTED TRANSACTION” April 18, 2016 Promoters Have Touted Section 419 Plans as a Legitimate Way to Reduce Taxes April 18, 2016 How to Avoid IRS Fines for You and Your Clients December 28, 2015 The Dangers of “Being Listed” December 28, 2015 The IRS Raids Plan Promoter Benistar, and What Does All This Mean To You? December 28, 2015 Tax Court Drops The Hammer On Employee Welfare Plan December 21, 2015 Court Hammers Taxpayers in 419 Ruling December 21, 2015 Small business retirement plans fuel litigation September 9, 2015 WELFARE BENEFIT 419 INSURANCE PLANS NAMED LISTED TRANSACTIONS September 9, 2015 Life Agents and Accountants Fined $100,000 for Selling 419 and Other Insurance Plans September 9, 2015 Did You Participate in a 419 Plan, 412i Plan, or Abusive Tax Shelter? You Could Be Fined $200,000 Per Year!
Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
ReplyDeleteDate: 12-07-2011
Case Style: James Cunningham v. Aviva Life and Annunity Company
Case Number: 1-824 / 11-0371
Judge: Mullins
Court: Iowa Court of Appeals on appeal from the District Court, Polk County
Plaintiff's Attorney: Joseph A. Cacciatore of Graham, Ervanian & Cacciatore, L.L.P., Des Moines, for appellant.
Defendant's Attorney: John T. Clendenin, Stephanie G. Techau and Matthew R. Eslick of Neymaster, Goode, West, Hansell & O’Brien, Des Moines, for appellee.
Description: James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However, there was a genuine issue of material fact regarding Aviva’s indemnification claim, namely whether the underlying claim that resulted in the loss to Aviva was due at least in part to its own wrongful
419.Tax
ReplyDeleteSearch SKIP TO CONTENT
WHAT IS A 419 PLAN? ABUSIVE TAX SHELTERS EXPERT WITNESS IN 419 PLAN AND OTHER CIVIL LITIGATION OUR SERVICES LANCE WALLACH ABOUT US CONTACT US
419, ABUSIVE TAX SHELTER
419 AND 412 PLAN FRAUD
JULY 23, 2015 LANCE LEAVE A COMMENT
by Lance Wallach
by Lance Wallach
You think you know what you are getting when you buy an insurance plan, but what do you do when you find out that your plan does not work they way you thought?
If you have been misled by your insurance broker, you may have been the victim of fraud. We protect the rights of the victims of 419 and 412 plan fraud.
· Have you purchased an IRC 419 Employee Welfare Benefit Plan after being told the contributions were fully deductible from federal and state income taxes, only to find out that this was not the case?
· Did you purchase a trust you may not have needed, funded with substantial amounts of life insurance because you were told you could build up cash value tax-free and then have use of the funds tax-free?
If you have been misled about information regarding your employee welfare benefits, you may have been the victim of 419 and 412 plan fraud.
When consumers are misled and given false information by insurance brokers, they have the right to sue the fraudulent agents and insurance company that sold the plan.
The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.
About these ads
SHARE THIS:
TwitterFacebookGoogle
RELATED
Can You Recover Money from 419 and 412i Plans?
In "419"
Did You Participate in a 419 Plan, 412i Plan, or Abusive Tax Shelter? You Could Be Fined $200,000 Per Year!
In "419"
Warnings about 412 and 419 Plans
In "419"
419419 INSURANCE WELFARE BENEFIT PLAN419 PLAN419 WELFARE PLANABUSIVE TAX SHELTERINTERNAL REVENUE CODEIRCLANCE WALLACH
Post navigation
PREVIOUS POST
412i, 419, Lawsuits, IRS Audits
NEXT POST
419, 412i, Captive And Section 79 Plans Continue To Draw IRS Attention
LEAVE A REPLY
Enter your comment here...
HAVE YOU INVESTED IN A 419 PENSION PLAN?
If so, get to know the real truth behind your investment and what you can do to defend yourself. Since 2004, the IRS has amended the tax laws regarding these plans and thus has placed aggressive penalties and fines and aggressively auditing people who don’t know the truth. Consult with us today and let us help guide you through this serious situation and lower your financial risk.
SOME 419 WELFARE BENEFIT PLANS THAT ATTRACTED IRS ATTENTION
•NOVA Benefit Plans (run by Dan Carpenter, Wayne Bursey, Guy Neumann, Kathy Kehoe, Joe Castagno and others), including: the SADI Plan, the Grist Mill Plan, Life One, among others •Benistar Plans (also run by Dan Carpenter, Wayne Bursey, Guy Neumann, Kathy Kehoe, Joe Castagno and others) •Niche Marketing •Millenium Plans •CJA & Associates (run by Raymond Ankner •Sea Nine VEBA •Compass Welfare Benefit Plan
RECENT POSTS
BENISTAR 419 PLAN HELD BY TAX COURT TO BE A “LISTED TRANSACTION”
April 18, 2016
Promoters Have Touted Section 419 Plans as a Legitimate Way to Reduce Taxes
April 18, 2016
How to Avoid IRS Fines for You and Your Clients
December 28, 2015
The Dangers of “Being Listed”
December 28, 2015
The IRS Raids Plan Promoter Benistar, and What Does All This Mean To You?
December 28, 2015
Tax Court Drops The Hammer On Employee Welfare Plan
December 21, 2015
Court Hammers Taxpayers in 419 Ruling
December 21, 2015
Small business retirement plans fuel litigation
September 9, 2015
WELFARE BENEFIT 419 INSURANCE PLANS NAMED LISTED TRANSACTIONS
September 9, 2015
Life Agents and Accountants Fined $100,000 for Selling 419 and Other Insurance Plans
September 9, 2015
Did You Participate in a 419 Plan, 412i Plan, or Abusive Tax Shelter? You Could Be Fined $200,000 Per Year!