Taxes: Estate
The estate tax or “inheritance tax” is levied upon the transfer of the taxable assets of a deceased person. First adopted in the nineteen century as temporary taxes to fund wars, the Federal estate tax in its current form has been on the books since 1916 as a vital instrument of progressive taxation. The tax rate and exemption levels have changed over the years. A number of states also have estate taxes. Recent attempts at repeal of the federal tax have been prevented but tax rates are lower and exemption levels higher.
Commentary
Cry Wolf Quotes
These taxes are a levy upon capital. There is no requirement in our law, as there is in the English law, that the proceeds from estate taxes shall go into capital improvements of the Government. In other words, capital is being destroyed for current operating expenses and the cumulative effect of such destruction cannot fail to be harmful to the country.
In defense of the Federal estate tax it is said that it will tend to check the growth of large fortunes. But is not such a Federal death tax a penalty on industry, thrift, and business success? The estate tax is communistic in essence; and no party except the Socialist party endorses the Federal estate tax.
They [higher estate tax and provisions for publicity of individual tax returns] are both not only stupid but malevolent expressions of the class feeling and socialist theorizing which are infecting American thought and even shaping our laws… It is astonishing that an American congress with, presumably, some sense at least of the significance of American experience and achievement and some sense of the cause and meaning of the Russian folly before it, should care or dare to experiment in confiscation.
Removing the capital from the hands of the owner and putting it into the hands of the Government is only, in the main, taking it from the live hand and putting it into the dead hand. So the only possible result of extending the scope of confiscation by the dead hand is to limit the amount of productive enterprise and, therefore, the amount that can be paid in wages.
Related Laws and Rules
Evidence
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Estate Tax Basics
The Center on Budget and Policy Priorities explains the reality of the much-mythologized estate tax.
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Conservative Commentator Examines the History of Right-Wing Tax Cut Hypocrisy
Hard right-wingers fear-monger in the face of tax increases of both Republican and Democratic administations.
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Tax Cuts on the Rich Don't Spur Economic Growth
The Center for American Progress takes apart supply side myths.
Backgrounders & Briefs
Estate Tax Policy Brief
By Joseph J. Thorndike
Since at least the 1920s, estate tax opponents had been trotting out the same litany of warnings and complaints about the Estate Tax.
Resources
The Center on Budget and Policy Priorities (CBPP) is a think tank focused on tax and fiscal policy. They provide in-depth analysis of state issues.
Citizens for Tax Justice is an organization that represents low and middle income citizens in the tax debates on Capitol Hill.
