Disparate Impact of Estate Tax Changes; Repeal and Let Estates Choose

A recent Wall Street Journal article discusses the impact of the changed capital gains treatment for estate tax purposes, specifically pointing out that the change is less favorable to estates worth $1.3 to $4.3 million than it is to larger estates.   A possible approach to remedying this potentially unfavorable capital gains treatment is discussed by Laura Saunders, Why No Estate Tax Could Be a Killer, WSJ, Feb. 13, 2010: 

Some hope that Congress will wind up doing what it did when a similar tax regime was tried in the late 1970s. It was repealed after an uproar, but the estates of those who died while the law was in flux got to choose which system to use

See Laura Saunders, Why No Estate Tax Could Be a Killer, WSJ, Feb. 13, 2010

Special thanks to Patrick S. Sylvester (Attorney & Counselor at Law, Sylvester Law Firm, PC) for bringing this article to my attention