The Estate Tax Portability Triple Mulligan
With the issuance of Revenue Procedure 2017-34, the IRS very recently expanded the ability to elect portability for a spouse’s unused estate tax exemption, potentially preserving significant tax savings for a surviving spouse who otherwise might pay dearly for a seemingly minor oversight in filing an estate tax return. In addition to providing an “out” for those who have done nothing, the new method also requires action of those who recently tried to obtain portability via a Private Letter Ruling, but have not yet received an IRS response.