Has SCOTUS Created a Way to Get Around the Estate Tax?

American Thinker The Blog ^ | June 28, 2015 | Vel Nirtist

[2ndDivisionVet]

Sometimes, at a most solemn moment, a most irreverent thought shoots through the mind. When I heard that the US Supreme Court legalized gay marriage, my thought was "I wonder what the estate tax lawyers will make of it?"

How about advising a terminally ill widowed grandma to marry her much-beloved granddaughter at the deathbed? Won't the estate pass to the surviving spouse intact? I'm not a lawyer, but I think it will -- without IRS getting the bite out of it as would happen now.

And it would be very hard to have a sound legal argument against such marriage. Isn't it born out of love? Absolutely. But doesn't it go against the prohibition of marriage with a blood relative? But this prohibition is rooted merely in the very same authority that also prohibits the same-sex union, and hence could survive judicial review if litigation results....

[wastoute]

It will kill them and reeks of Alinsky. I love it.

[Flick Lives]

And if this ruling is extended to polygamy then Gradma could just marry the whole family as they came of age and the whole idea of death taxes would have to be reworked. Why not just set up a family trust or do like the uber rich a do a foundation?

This is the real reason FedGov is against polygamy. Follow the money. Obviously FedGov doesn't give a crap about family stability. Of course with this last SCOTUS ruling, it's going to be sort of hard to come up with a reason, even a twisted bad one, why marrying multiple people is bad but marrying someone of the same sex is good.

[RetSignman]

[No estate lawyer in his right mind would advise a client to marry her granddaughter in order to pass property without being subject to the estate tax.]

But one could throw out...in order to pass property without being subject to the estate tax...with everyone is allowed to marry ANYONE that they LOVE.

[taildragger]

It's already been done a few weeks ago, a Dad married his Son for this reason I think in NJ.

This is the unintended consequences that many of our legal eagles have warned us about. Pandora's box is open. At some-point will all your Facebook friends with the flag colors in the background see this, the various forms of Polygamy to follow and things so icke that you will have throw up in your mouth and will they finally realize they screwed up big time?

Again I say, we didn't need Gay Marriage, we needed a Flat Tax with things like no Inheritance Tax.....

[fatima]

Bump.

[libertarian27]

With gay marriage legal there should be no doubt that a brother can marry a brother or sister can marry a sister.
Incest laws protect the innocent victim and guard against any genetic problems, correct?
Gay marriage of consenting, related adults have none of that baggage.
Will state incest laws need to be re-written to protect the government from citizen state/federal government described ‘entitlement’ grab?
There’s lots of ‘property rights’ wrapped up in a government marriage contract. If any and all can be married to each other, the government is going to gain less property, something the government has been accustomed to be entitled to.

[Poison Pill]

Chain marriage. Heinlein had this as a plot device years ago.