The Supreme Court’s landmark decision last month striking down the Defense of Marriage Act may have solved the estate tax problems of the lead plaintiff, Edith Windsor, but it still is leaving a lot of uncertainty among same-sex couples, particularly those in states that do not recognize same-sex marriage.

New York State, which does allow same-sex marriages, recently issued a  short memorandum explaining the estate tax effects of the Supreme Court’s decision for New York taxpayers and how widowed spouses can claim tax refunds (see  New York Offers Estate Tax Refund to Same-Sex Spouses). Jane Bernardini, CPA, a partner at the accounting firm Anchin Block & Anchin LLP in New York, sees that as a step forward, but like everyone else she can only speculate about what the IRS will ultimately do.

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