Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

January 4, 2010

Let’s Keep the Death Tax Dead

Not all deaths are sad. The federal estate tax died at 12:01 A.M. on January 1, an occasion of joy if there ever was one. Allowing it to expire was one of the few sensible things Congress accomplished in 2009. Keeping it dead should be a congressional goal for 2010.

Estate-tax repeal was an element of the tax cuts George W. Bush signed into law early in his presidency. But the legislation was perverse. It phased out the tax over 10 years, reducing the rate from 55 percent in 2001 to 45 percent in 2009 and then eliminating it entirely in 2010 — but only for a year. If Congress does nothing else, the estate tax will reappear in 2011, at the old rate of 55 percent on all assets above $1 million.

Needless to say, this temporary vanishing act is wreaking havoc on estate planning, and many analysts expect lawmakers to revive the tax sometime this year, perhaps making it retroactive to Jan. 1. But if the goal is clarity and certainty in the tax code, a far better option would be to make the repeal permanent.

To class warriors, of course, abolition of the estate tax is a disgrace. The American Prospect’s Tim Fernholz wonders why foes of the estate tax are so keen on “lining the pockets of the already-wealthy,” and bristles at the thought of not taxing “folks who inherit huge fortunes” when their parents die. “It makes little sense,” declaims USA Today in a recent editorial, “to shower tax breaks on a tiny sliver of the nation’s wealthiest citizens.”

But the nation’s wealthiest citizens aren’t the ones the estate tax hurts. The Rockefeller, Buffett, and Kennedy fortunes are secure, shielded from the IRS by flocks of tax lawyers and accountants. As Henry J. Aaron of the Brookings Institution and Boston College economist Alicia Munnell have sardonically observed, estate taxes “are penalties on those who neglect to plan ahead or who retain unskilled estate planners.” Populist rhetoric notwithstanding, they add, American estate taxes “have failed to achieve their intended purposes. They raise little revenue. They impose large excess burdens. They are unfair.”

Far from affecting only billionaires and pampered heiresses — inheritance tax supporters love to invoke Paris Hilton — taxes on estates are mostly levied on small- to medium-size businesses and family-owned farms. Between 1995 and 2004, the congressional Joint Economic Committee noted in a 2006 report, estate taxes were paid by the owners of more than 37,000 “closely-held businesses,” as well as 24,000 farms, 50,000 limited partnerships, and nearly 28,000 other non-corporate businesses. “These data clearly indicate,” said the committee, “that the estate tax has broad and significant costs for thousands of family businesses.”

Since many such businesses operate without large cash reserves, a hefty tax bill can leave them with no option but to liquidate valuable assets or sell off the business entirely. The cumulative cost to the economy can be measured in lower growth, lost jobs, and diminished entrepreneurship.

According to a 2009 study by Douglas Holtz-Eakin, the former director of the Congressional Budget Office, permanent abolition of the estate tax “would raise the probability of hiring by 8.6 percent, increase payrolls by 2.6 percent, and expand investment by 3 percent… . [T]his translates to roughly 1.5 million additional small business jobs.” It also translates to higher federal revenues — not the first time a tax cut would yield an increase in tax dollars collected.

But while the practical and economic arguments against the estate tax are many and strong, it is the moral argument that really hits home.

The estate tax is pernicious because it punishes precisely the kind of behavior society should want to reward — work, prudence, savings — and it rewards behavior that should be discouraged — profligacy, overconsumption, and leisure. The easiest way to avoid all death taxes, after all, is to spend your money before you go. Work hard, reinvest your earnings, and leave your life’s savings to your loved ones, on the other hand, and the IRS becomes one of your heirs. As economist Arthur Laffer memorably put it in an essay last year, “Spend It in Vegas, or Die Paying Taxes.” That is hardly the message we should want our tax laws to convey.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.