Tuesday, August 10, 2021
In Estate of Evans v. Dept. of Rev., the Oregon Supreme Court upheld the the estate taxation of intangible QTIP upon the death of a surviving spouse, solely on the basis of her Oregon residence, as consistent with the federal Due Process Clause. (Decedent spouse had died a resident of Montana. The trust was testamentary and established under Montana law. (The trustee was Montana resident.)
Review the entire case here.
Special thanks to Paul M. Cathcart (Hemenway & Barnes, LLP, Boston, MA) for bringing this case to my attention.