Costello Law Group
Representing Clients Nationwide – Free Initial Consultations
Local 410-832-8800 Toll Free 877-418-0003

Marital Deduction for Same-Sex Couples

Although voters in Maryland and other states approved a referendum legalizing same-sex marriage last November, same sex couples' future ability to take advantage of the marital deduction under Federal estate tax law is unclear.

In Windsor v. United States, the surviving spouse in a same-sex marriage brought a claim against the United States for a refund for the federal estate tax paid as a result of the IRS' disallowance of the marital deduction. The IRS denied the marital deduction on the basis that the couples' union did not meet the definition of "marriage" under Section 3 of the Defense of Marriage Act (DOMA).

The Court of Appeals for the Second Circuit held that Section 3 of the DOMA violates the Fifth Amendment's guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State. The U.S. Supreme Court granted certiorari to review the Second Circuit's decision and is expected to hear oral argument in the case on March 27, 2013.

The Costello Law Group provides full service estate planning and estate administration services. If you have any questions regarding developing or updating your estate plan, please contact the Costello Law Group at (877) 418-0003.

No Comments

Leave a comment
Comment Information

Seek Legal Assistance

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

409 Washington Avenue Suite 410
Towson, MD 21204

Toll Free: 877-418-0003
Phone: 410-832-8800
Fax: 410-832-8807
Towson Law Office Map