John M. Quarty, Personal Representative of the Estate of Angele C. Quarty Elizabeth B. Cherne v. United States

TASHIMA, Circuit Judge:

Section 13208 of the Omnibus Budget Reconciliation Act of 1993 (“Section 13208” of “OBRA 1993”), Pub.L. No. 103-66, 107 Stat. 312, 469 (1993), set the maximum federal estate and gift tax rates at 53 % and 55 %. Section 13208 was enacted on August 10, 1993, and provided that these rates apply to the estates of decedents dying and gifts made after December 31, 1992. See id. This case presents the question of whether the application of these tax rates during the eight-month period prior to the statute’s enactment violates the Due Process Clause or Takings Clause of the…