Update on Section 1022

At this point the IRS has not issued any guidance that we’ve seen concerning Section 1022 of the Code for allocating basis for decedent’s dying in calender year 2010, as we discussed in February. As you recall, survivors other than a spouse can elect to step-up basis on $1.3 Million of assets and a surviving spouse can elect to step-up basis on up to $3 Million of assets. So at this point, since it appears that Congress is not going to make any changes to the Estate Tax in 2010 or Section 1022. Thus, for families of persons dying in 2010, it would be advisable to talk to your attorney about filing a protective form 706 to elect the basis allocation.