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The Estate Tax Fundamentals of Celebrity and Control
Mitchell M. Gans, Bridget J. Crawford & Jonathan G. Blattmachr, September 29, 2008
 We previously suggested in this Journal that post-death publicity rights could be excluded from the decedent’s estate for tax purposes if state legislation precluded the decedent from exercising post-death control. In other words, if state legislation designated who would hold these rights after the decedent’s death, the value of these rights should not be subject to estate tax. Professor Joshua Tate, in his response to our essay, argues that under current law, estate tax inclusion would be required regardless of the decedent’s ability to exercise control. So, for example, in Professor Tate’s analysis, the estate tax would apply even if the legislation vested those rights in the decedent’s oldest daughter and even if the decedent had no right to alter this outcome. Professor Tate’s analysis misconstrues fundamental estate tax principles and misunderstands the precedents on which he relies.
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Most Recent Mitchell M. Gans, Bridget J. Crawford & Jonathan G. Blattmachr, The Estate Tax Fundamentals of Celebrity and Control Ann Bartow, Why Hollywood Does Not Require “Saving” From the Recordkeeping Requirements Imposed by 18 U.S.C. Section 2257 Joshua C. Tate, Marilyn Monroe’s Legacy: Taxation of Postmortem Publicity Rights Frederick Liu, Citing the Transcript of Oral Argument: Which Justices Do It and Why Michael E. Hersher, "Home Schooling" in California Amy Kapczynski, Linking Ideas to Outcomes: A Response Christen Linke Young, Agency Preemption Inputs in Riegel v. Medtronic Jennifer Broxmeyer, Prisoners of Their Own War: Can Policymakers Look Beyond the “War on Drugs” to Drug Treatment Courts? Charles W. Collier, Presidential Debates and Deliberative Democracy Peter Drahos, Does Dialogue Make a Difference? Structural Change and the Limits of Framing Most Popular Brian Leiter, Why Blogs Are Bad for Legal Scholarship Andrew P. Thomas, The CSI Effect: Fact or Fiction Lee H. Rosenthal, An Overview of the E-Discovery Rules Amendments Jack M. Balkin, Online Legal Scholarship: The Medium and the Message The Pocket Part, The Future of Legal Scholarship Newsletter Signup
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