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Estate Planning Update

We are into the second quarter of 2010 and still no federal estate tax. Will Congress pass new legislation? And if so, will it be retroactive? Congress has given no indication it will do anything, so we are likely to be dealing with this uncertainty for most of 2010. The possibility also is increasing...

Estate, Capital Gains and Other Taxes in 2011: What Will Happen Now?

The people have spoken and the end is drawing near. The people are all of us who exercised our right to vote earlier this month and the end is the end of the tax cuts passed in 2001. If Congress does nothing, here is what happens. Income Taxes will increase January 1, 2011 by 3% for individuals earning...

Transfer Tax Planning for New York Married Couples In Light of the 2010 Tax Act

The 2010 Tax Act changes the landscape of gift, estate and generation-skipping transfer tax planning, at least until the new law is due to sunset at the end of 2012. For New Yorkers, however, the application of state estate tax law has to be considered along with the federal transfer tax laws. As a result...

District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment. Edie Windsor and Thea Spyer were a couple for...

Senate Democrats Abandon the Estate Tax

by Jeremy Scott The most progressive tax in the United States is also one of the most unpopular. Thanks to Republican-led efforts to characterize it as a death tax, the estate tax is almost universally reviled in Congress and by voters. To emphasize the point, last week the Democrat-controlled Senate...

States Should Repeal Their Estate Taxes

... [S]tates can go a long way toward meaningful reform by repealing their estate and inheritance taxes. I have said before on many occasions that the state estate taxes are nothing more than jealousy fueled money grabs... Right now 21 states and the District of Columbia impose some kind of estate...

State Net Capitol Journal – November 3, 2014; Massachusetts Casino Study At Odds With Experience Of Other States

MA CASINO STUDY AT ODDS WITH EXPERIENCE OF OTHER STATES: Supporters of a November ballot measure in Massachusetts (Question 3) aimed at repealing the 2011 law authorizing as many as three resort casinos and a slots parlor in the state issued a press release last month predicting the law would reduce...

State DeathTax Considerations in Making Lifetime Transfers

Phasing out, and the eventual repeal, of the former state death tax credit in favor of a state death tax deduction has significantly impacted estate planning considerations for clients who now live in states that impose a state estate or inheritance tax. The elimination of the state death tax credit...