INSIGHTS

March 2026

IN THIS ISSUE


A NEW SCAM IN THE
 "DIRTY DOZEN"



IRS STAFFING ISSUES


INNOCENT SPOUSE


ARTICLES OF INTEREST

A growing number of Americans are "solo agers" -- individuals who do not have a spouse, children, or close family members available to step into financial decision-making roles. Some never married. Others are widowed, divorced, or geographically distant from relatives. Whatever the circumstance, solo agers face a unique and important question:


Who will manage my financial affairs if I cannot -- and who will carry out my wishes when I am gone? Traditional estate planning often assumes a family member will serve as trustee, executor, or agent under a power of attorney. For solo agers, that assumption may not be realistic. Even when extended relatives exist, they may lack the time, experience, or proximity to handle complex fiduciary responsibilities. This planning gap deserves careful attention.


Consider "Jane," a 74-year-old widow with no children and no close relatives nearby. She owns her home, has investment accounts, and maintains several long-standing relationships with advisors. She is independent and capable -- until an unexpected fall resulted in a prolonged hospitalization and cognitive impairment.


Jane had basic estate documents naming a longtime friend as her agent under a power of attorney. The friend, however, lives in another state, works full-time, and has no experience managing investments, coordinating bill payments, or reviewing care contracts. Financial institutions begin requesting documentation. Bills accumulate. Investment decisions go unmonitored during market volatility. Questions arise about whether Jane can safely return home or requires assisted living.


The friend feels overwhelmed and uncertain. Without a clear structure in place, court-supervised guardianship becomes a real possibility -- an outcome Jane never wanted.


This is not an uncommon scenario. Solo agers often have capable friends willing to help, but willingness and fiduciary expertise are not the same thing. When complexity meets crisis, preparation matters.


Without a built-in support system, solo agers must think more deliberately about:


  • Asset management during incapacity
  • Bill payment and ongoing financial oversight
  • Investment supervision
  • Tax reporting and compliance
  • Long-term care funding and contract review
  • Trust or estate administration 
  • Protection against financial exploitation


If no trusted fiduciary is named -- or if the named individual cannot serve -- a court may ultimately appoint someone to act. That person may not be the individual they would have chosen. Thoughtful planning allows individuals to retain control over that decision -- in advance.


An independent trust company serves as a professional fiduciary, legally obligated to act solely in the client's best interests and in accordance with governing documents. Unlike an individual trustee, a corporate fiduciary does not age, relocate, become ill, or step down unexpectedly. There is continuity and institutional oversight. For solo agers, especially, that stability is meaningful.


At Garden State Trust Company, our focus is on our client and fiduciary administration -- serving as trustee, executor, or agent when called upon, and collaborating with a client's professional advisors.


If Jane had established and funded a revocable trust naming Garden State Trust Company as trustee, the transition during incapacity could have been seamless. Bills would be paid without interruption. Investments would continue to be prudently overseen. Care expenses would be coordinated. Required tax filings would remain current. Most importantly, decisions would be guided by written instructions Jane put in place while fully capable.


Naming Garden State Trust Company does not mean surrendering control. During lifetime, our clients retain authority over their assets. Only under defined circumstances, such as incapacity or death do we take on more control and authority.


For many solo agers, appointing a professional fiduciary is an extension of their independence -- selecting, thoughtfully and deliberately, who will act on their behalf if they cannot. Planning is not solely about wealth transfer. It is about dignity, protection, and ensuring that personal wishes are honored without unnecessary court involvement or administrative disruption.


As the number of solo agers continues to grow, estate planning strategies must reflect their realities. At Garden State Trust Company we will provide structure, neutrality, and continuity -- offering confidence that your financial affairs will be handled responsibly and according to plan.


For individuals who have spent a lifetime building independence, that reassurance may be one of the most valuable elements of all.

MONTHLY QUESTION & ANSWER

Q. I need money. Can I withdraw some from my 401(k) plan?


A. We believe you are asking about a "hardship withdrawal." If you withdraw money from your 401(k), you will have lots of company. According to a recent article in The Wall Street Journal, at one major plan administrator about 2% of plan participants had withdrawals before the pandemic. That percentage rose to 4.8% in 2024 and 6.0% in 2025. The median reported withdrawal was $1,900. 


Whether your plan administrator will approve your withdrawal request is an open question. Such withdrawals are supposed to be for sudden, unexpected financial needs. Top reasons include avoiding foreclosure or eviction and paying medical expenses.


        (March 2026)

     © 2026 M.A. Co. All rights reserved.



HAVE A QUESTION ON TRUSTS, WILLS, OR INVESTMENT MANAGEMENT?

For general informational purposes only. This information does not constitute legal advice.

The IRS has released its annual list of tax-related scams that taxpayers should be on the lookout for and it includes a new scam to be avoided. Read A New Scam in the "Dirty Dozen" in one of this month's informational articles. 


Innocent spouse relief is usually denied by the IRS to a spouse who has actual knowledge of facts giving rise to tax liability. In another one of this month's informational articles, Innocent Spouse, learn why the Tax Court granted innocent spouse relief to the wife. 


Wishing everyone a Happy St. Patrick's Day tomorrow!


May your troubles be less and your Blessings be more.

And nothing but happiness come through your door.



Sincerely,

A New Scam In the "Dirty Dozen"

The IRS has released a list of the "dirty dozen" tax-related scams that taxpayers should be on the lookout for, tempting ideas to be avoided [IR-2026-30]. The newest scam is the abuse of Form 2439, which allows shareholders of certain investment funds or real estate trusts to claim a refundable credit for taxes that were paid by the fund on undistributed capital gains. The schemes involve overstated or fabricated claims, and are sometimes linked to real organizations to help make the sale. Improper claims may lead to enforcement actions.


The top twelve scams for 2026 are:



  • Impersonating the IRS by email or text;
  • Impersonating the IRS by telephone, through robocalls and sometimes using artificial intelligence;
  • Fake charities;
  • Misleading tax advice on social media;
  • Identity theft involving IRS Online Account access;
  • Abusive capital gains claims, as noted above;
  • Bogus "self-employment tax credit" promotions;
  • Ghost tax preparers who refuse to sign a tax return (the taxpayer remains responsible);
  • Non-cash charitable contribution schemes;
  • Overstated withholding schemes;
  • Spear-phishing (identity theft aimed at tax preparers);
  • Aggressive or misleading offer in compromise (OIC) marketing. The IRS provides free online tools for determining OIC eligibility.


The full text and explanation of the "dirty dozen" is published at https://www.irs.gov/newsroom/dirty-dozen-tax-scams-for-2026-irs-reminds-taxpayers-to-watch-out-for-dangerous-threats


(March 2026)
© 2026 M.A. Co. All rights reserved.

IRS Staffing Issues

Last year the IRS lost about 25% of its roughly 100,000-member workforce to early retirement buyout offers. The most important enforcement arms at the IRS are Large Business and International (LB&I) and Small Business/Self Employment (SB/SE), and they were both hit hard by the loss of personnel. The consequences were discussed at the Federal Bar Association Tax Law Conference in early March.


Although there might be fewer audits now in LB&I, the examinations that are still happening are going deeper. This division has evidently retained enough institutional expertise to continue a high level of activity, according to the conference speakers. SB/SE on the other hand seems to be struggling, as this division lost 37% of its workforce. Some of the new revenue agents appear to lack familiarity with the industries related to their cases.


One alternative dispute resolution tool that is getting more attention is the use of fast-track settlements. IRS-trained mediators are employed to bring disputes to a rapid close. In 2025 there was a 28% increase in fast-track cases in LB&I, and 86% of those cases were resolved in about four months. 


Conference participants also were concerned about the loss of deep expertise in the areas of partnership structures, international transactions, transfer pricing, and some of the more exotic tax planning strategies. Such expertise "can't be replaced overnight" according to one speaker. What effect this will have on revenue collections won't be known for some time.


(March 2026)
© 2026 M.A. Co. All rights reserved.

Innocent Spouse

Dr. Zaheen and Mr. Ehsan married on February 1, 1998, one day after they met. Ten days later they left Pakistan and moved to the United States, where Dr. Zaheen established her medical practice. The couple had four children during the marriage.


In 2019 the couple withdrew $250,000 from Dr. Zaheen's 401(k) account to pay down a home equity loan. Mr. Ehsan promised to replace the money in the retirement account within 30 days, but he did not. When Dr. Zaheen asked her husband about replacing the money, he said that she needed to trust him. She did not learn of the tax consequences of her husband's failure to restore the 401(k) money until 2021, when the IRS demanded income taxes and penalties for the premature $250,000 retirement plan distribution.


Dr. Zaheen asked for innocent spouse relief from the tax liability, arguing that Mr. Ehsan controlled the household money and should be held responsible for his mismanagement. The IRS was ready to accept her request, but Mr. Ehsan intervened in the dispute, as he did not want sole responsibility for this large tax bill.


In the course of the trial, evidence showed that Mr. Ehsan had been physically and mentally abusive during the marriage. He had a short temper, had broken plates and glassware in front of the children if they were insufficiently obedient, and had on one occasion strangled Dr. Zaheen for eating chocolate. Mr. Ehsan had threated to harm their children if Dr. Zaheen refused sexual intercourse with him. He asserted that Dr. Zaheen was his property, that he was entitled to all of her earnings, and that all of her property was his.


Innocent spouse relief is usually denied to a spouse who had actual knowledge of the facts giving rise to the tax liability. Here, Dr. Zaheen knew about the withdrawal of funds from the retirement plan, though she did not fully understand the tax consequences. Under the circumstances, the Tax Court held that the level of abuse in the household negated Dr. Zaheen's knowledge of the transaction. Innocent spouse relief was granted [Zaheen v. IRS, T.C. Memo 2026-7].


(March 2026)

© 2026 M.A. Co. All rights reserved.

Articles of Interest

Is The February 2026 Blizzard the Biggest? Here's Where It Ranks in NJ History – PATCH.com

New Jersey has seen some of the most punishing snowstorms on the East Coast. Read More



What Really Happens in the First 30 Days After Someone Dies (and Where Families Get Stuck)– KIPLINGER.com

The administrative requirements following a death move so quickly that without thorough preparation families are forced into a chaotic situation during a time of extreme emotional distress. Read More



The 50 Best Soups Across the U.S. – ONLYINYOURSTATE.com

There's something about a great bowl of soup that just hits differently. Read More



10 Things To Do the Night Before a Trip – THE DISCOVERER.com

Even if you're a frequent flier, the night before a trip can be chaotic. Read More



Choosing The Best Executor For Your Family – GARDENSTATETRUSTCOMPANY.com

Taking steps to prepare your beneficiaries to understand the difficulties involved with their new found wealth is an important consideration in your estate planning. Read More

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Because of the rapidly changing nature of tax, legal or accounting rules and our reliance on outside sources, Garden State Trust Company makes no warranty or guarantee of the accuracy or reliability of information contained herein nor do we take responsibility for any decision made or action taken by you in reliance upon information provided here or at other sites to which we link. ©2026. All rights reserved.