Appellate Division: No Estate Tax Marital Deduction for Registered Domestic Partners
Same-sex couples registered under New Jersey's Domestic Partnership Act are not entitled to the marital deduction for purposes of calculating the New Jersey estate tax due at the death of the first partner, according to a recent, published opinion out of the Appellate Division.
July 24, 2017 at 10:26 AM
7 minute read
Same-sex couples registered as domestic partners under New Jersey's Domestic Partnership Act are not entitled to the marital deduction for purposes of calculating the New Jersey estate tax due at the death of the first partner, according to a recent, published opinion out of the Appellate Division—Rucksapol Jiwungkul v. Dir., Div. of Taxation, No. A-4089-15T2 (N.J. Super. App. Div. May 11, 2017).
The Jiwungkul court upheld the lower court's findings that: (1) the Domestic Partnership Act (DPA), N.J.S.A. 26:8a-2(d), gives certain, enumerated rights to registered couples but does not give couples the right to claim a marital deduction for New Jersey estate tax purposes; and (2) the DPA's failure to grant this right is not a violation of the equal protection guarantee of the New Jersey Constitution because same-sex couples are able to access the same rights and benefits—including the marital deduction—afforded to married heterosexual couples in the state of New Jersey through same-sex marriage or civil union.
The marital deduction is a popular estate planning device that allows for the deferral of tax at the death of the first spouse (or civil union partner). Essentially, both the federal and New Jersey estate tax rules state that any assets passing outright to a spouse or into certain types of trusts for the sole benefit of the spouse qualify for the marital deduction. By taking the marital deduction with regard to these assets, assets are not taxed in the estate of the first spouse to die; however, any such assets (whether passing outright or in trust) are then included in the surviving spouse's estate upon his or her passing. Thus, the marital deduction is an estate tax deferral mechanism. Even so, the marital deduction is one of the most important tools at the surviving spouse's disposal. Not only does it defer taxes (it generally makes good economic sense to defer payment of taxes for as long as legally possible), but it also gives the surviving spouse more time to spend down assets or utilize other estate planning tools to decrease the value of the survivor's estate, which in turn reduces death taxes.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllReminder: Court Rules and Statutes Apply to Pendente Lite Custody Decisions
8 minute readAttorney of the Year Finalist: Matheu Nunn's Supreme Court Successes
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250