7.1 Background

LibraryA Lawyer's Guide to Estate Planning: Fundamentals for the Legal Practitioner (ABA) (2018 Ed.)

7.1 Background

The federal estate tax marital deduction is a cornerstone of estate tax planning. It is a deduction from the gross estate of a decedent who is a citizen or resident of the United States at the time of death that is equal to the value of the property passing from the decedent to the surviving spouse. Use of the marital deduction is somewhat more complicated than it appears from this definition. A review of the development of the marital deduction will be helpful in fully understanding this important deduction.1

The marital deduction was enacted in 1948 to...

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