Nothing Is Certain with Death and Estate Taxes

"My basis analysis is that the tax rate for the estate tax is not going to impact the number of 1031 deals except in the rare circumstance of someone who wants to hold onto the property," Scott said.  "And that motivation would be holding onto the property, not taxes."

Nor does he see it necessarily affecting the number of exchanges even if the estate tax comes "roaring back" next year.  The estate tax is a tax on value, not gain, he noted.

The article appeared in its entirety in the February 8, 2010 issue of the California Real Estate Journal.