After the House of Representatives voted 272-162 to permanently kill the death tax last year, the Senate is poised to take up consideration of the issue. Because of long-standing parliamentary rules, the Senate must first secure the votes of 60 Senators in a separate vote before they can proceed on to a vote for "final passage" of death tax repeal. Since President Bush has committed to signing death tax repeal into law if passed by Congress, securing another victory for taxpayers is within our grasp. According to a study cited by Congress' Joint Economic Committee, getting rid of the death tax outright would, within seven years, create 240,000 jobs and increase the Gross Domestic Product by more than $33 billion. This much-needed rise in economic activity would generate income and other tax revenues that could offset any "losses" to the government. To further underscore this point, a recent analysis published by the American Family Business Institute found that repealing the death tax would have no effect on the budget deficit. There is simply no good economic reason for allowing the death tax to rise from the grave in four and a half years from today. It's easy to see why businesses are forced to pursue costly death tax avoidance strategies now because owners can't possibly know what their estates will be worth when they die 10 or 20 years in the future. If, for example, the Senate refuses outright repeal and merely boosts the death tax exemption to $2 million - or $5 million, or $10 million - businesses will still need to spend precious resources on tax planning to be sure they stay on the "right side" of that exemption. Only ending the tax completely will likewise end this uncertainty. As a result, businesses will have more resources to expand and can survive intact for future owners to build on too. Paradoxically, this may also explain why a small group of the super-rich, including Warren Buffett and George Soros, support a new life for the death tax. IRS data confirms that the effective tax rate actually drops on estates of more than $20 million, in part because the mega-wealthy can devote more resources to avoiding the system. To these cloistered billionaires, the death tax conveniently keeps up-and-comers out of their boardrooms and their country clubs. |