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Julie Garber

Kissing a Retroactive Estate Tax Goodbye

By , About.com GuideApril 19, 2010

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On March 28 the 74th richest person in the world, Houston businessman Dan Duncan, died. Mr. Duncan, who made his money by piping, processing and storing oil, left an estate estimated to be worth nearly $10 billion, and his death has left those of us monitoring the federal estate tax situation to wonder if it has permanently derailed plans to reinstate the tax retroactively. Why? Because while someone of Mr. Duncan's wealth most certainly had a comprehensive and complex estate plan designed to minimize estate taxes, it is hard to believe that the tax on $10 billion could be completely eliminated. And so if Congress were to take the steps necessary to not only bring back the federal estate tax but apply it retroactively to January 1, then there is no doubt that with literally billions of dollars at stake Mr. Duncan's heirs (his wife, four children and four grandchildren) would vigorously challenge the constitutionality of the retroactive law because they have the resources to do so.

And, of course, as the days continue to pass by and Congress continues to do nothing about the estate tax debacle, another billionaire or two may die, not to mention hundreds of millionaires, so you can pretty much kiss a retroactive estate tax goodbye.

Comments
May 2, 2010 at 11:42 pm
(1) Lee S. McCullough, III :

It is amazing that Congress has neglected to pass a reasonable estate tax law, leaving us with confusion & instability. This is even more amazing considering the fact that they need the revenue it would produce in 2010. Furthermore, this is not an issue where the two parties have vastly different positions. Both parties have suggested leaving the law as it was in 2009. We need a bipartisan common sense committee to address the obvious issues while the rest fight over political differences.

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