Estate Tax Now or Capital Gains Tax Later?

To opt or not to opt, that is the question. Shakespeare's Hamlet may have most perfectly stated what estate tax practitioners are being asked when providing guidance under the 2010 estate tax regime. While Hamlet questioned the relative value of being and not being, fiduciaries must similarly consider the benefits of opting out or not opting out.

To opt or not to opt, that is the question. Shakespeare's Hamlet may have most perfectly stated what estate tax practitioners are being asked when providing guidance under the 2010 estate tax regime. While Hamlet questioned the relative value of “being and not being,” fiduciaries must similarly consider the benefits of opting out or not opting out.

Specifically, professionals must answer the fundamental question of whether the future potential capital gains tax generated by opting out

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