Harl, Neil E.

Estate Tax Planning Advisor Vol. 1 no. 8 (September 2002)

Contrary to widespread belief by practitioners, recapture of the family-owned business deduction benefits can occur on disposition of qualified family-owned business interests even though the interest is not included in the 50 percent test or property listed for the FOBD election. Chances for amendment are slim in light of the repeal provision (effective for deaths after 2003).