Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Tax Considerations in Light of <i>Windsor v. U.S.</i>

By Janice G. Inman

When the U.S. Court of Appeals for the Second Circuit handed down its decision in Windsor v. U.S., it gave new hope to the many same-sex married couples in New York that their marriages might someday be afforded the same recognition as the marriages of opposite-sex couples. The emotional benefits of such an acknowledgement are undoubtedly substantial, but the financial benefits are equally compelling.

Edith Windsor had sought the return of the federal estate taxes she was compelled to pay because the United States was blind to her lawful marriage to Thea Spyer. The couple's home state of New York deemed their marriage valid. Had her marital status been recognized by the federal government, Windsor would have inherited her spouse's assets tax free, as would the widow of a man. The Second Circuit's ruling in Windsor v. U.S. confirmed the district court's finding that Section 3 of the Defense of Marriage Act (DOMA) ' the provision that declares that the federal government will not legally recognize the marriages of same-sex couples, whether those marriages were legal where performed or not ' is unconstitutional. As an unconstitutional law, it is therefore unenforceable. The Internal Revenue Agency (IRS) was ordered to return to Windsor the estate taxes she paid, which were in excess of $350,000.

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.