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Well, it may be that if an individual same-sex married couple partner filed a gift-tax return before the Windsor Case, they didn’t take advantage of the marital deduction, they didn’t take advantage of split gift elections. And for those individuals, it might make sense to file an amended gift-tax return.
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New York tax and estate planning attorney Carlyn McCaffrey of McDermott Will & Emery discusses if same-sex couples should amend prior estate and tax returns.