Supreme Court strikes down the Defense of Marriage Act (DOMA)
In a 5-4 decision the Supreme Court has struck down DOMA. In effect, the decision provides that the determination of whether an arrangement between two individuals is a “marriage” is a matter of state law, not federal.
This does not mean each state must allow same sex marriages – only that it is for each state to decide.
For Estate and Gift Tax purposes this means that transfers between the parties may be tax free, if the parties are married and if the recipient party is a US citizen.
We have not yet seen the full opinion of the Court but will update this blog once we have had an opportunity to fully review it.