At the recent Baker Hostetler conference, Rep. Dave Camp of Michigan, the ranking Republican on the House Ways and Means Committee and the heavy favorite to become chairman of the committee if Republicans capture control of the House in November, mentioned the possibility of allowing estates to choose this year’s law or the 2009 version. This idea stems largely from fears of a court challenge if Congress brings back the 2009 law and makes it retroactive to Jan. 1, 2010. Such a court challenge could take many years to resolve.
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