Status of Federal Estate Tax for 2010

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What is the status of the federal estate tax for 2010?

There is no federal estate tax in 2010 so if a person dies, his entire estate will pass free of tax to his spouse, children, or heirs.

Could Congress enact legislation during 2010 reinstating the estate tax retroactively?

Congress could enact legislation reinstating the federal estate tax and would most likely make it retroactive to January 1st.

Is making the law retroactive Constitutional?

A retroactive application of the estate tax will be upheld against Constitutional challenge under the Fifth Amendment

For The Record

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