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Reviled estate tax actually has some supporters

 By Elizabeth Allen

Express-News, September 3, 2003

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The estate tax is either a big-government plot to destroy the family farm or a law that encourages meritocracy over aristocracy.

And it's a Senate vote away from being completely repealed.

That wouldn't hurt David Langford's feelings at all. After his mother died and he inherited her South Texas ranch, he struggled for nine years to pay the $700,000 estate tax bill, finally giving up and selling the property to pay for the loan, the accountants and all the lawyers.

Besides the financial beating he was taking by making the annual loan payment on the tax bill, Langford said, he feared that if he and his wife were to die too soon, his children would be stuck with that debt — plus their own estate tax on the same property.

The law was enacted in 1916 to keep the enormous wealth amassed by a few during the industrial revolution from staying concentrated at the top of American society, but it's under fire from groups that say it destroys family businesses and breaks up family land.

Nonsense, said one economist who has worked with farmers on estate tax issues for 40 years.

"They're spinning it as though farms and small businesses need it," said Iowa State University economist Neil Harl of the repeal bill. "That is a myth. M-Y-T-H."

In 2001, about 52,000 people, slightly more than 2 percent of everybody who died that year, owed some estate tax, Harl said. Just over 2,600 had taxable estates with some farm property.

"It's the Ted Turners of the world who are being impacted here," Harl said. And those like Langford, whose property just happens to have become extremely valuable.

Even though a tiny percentage of businesses, farms and ranches are actually affected, some argue the cost and complexity of estate planning, and the oh-so-American dream that your estate might be worth that much when you die, mean everyone is affected.

"The government can take almost half of your belongings when you die," said Pat Wolff, a Washington, D.C., lobbyist for the American Farm Bureau. "Farmers don't think they should have to spend money to try to prevent that from happening."

Wolff could not say how many families have been forced off the land by the tax.

"We don't have those numbers and have never seen those numbers," she said. "All of our economic arguments are anecdotal."

Langford realizes many people won't feel sorry for him. Through estate planning, he managed to save the Hill Country land that had been in his family since great-grandfather and noted architect Alfred Giles settled there in 1882. He lives in a comfortable old stone house shaded by older oaks.

Around him, his cousins own ranches that together run along a valley from the headwaters of little Block Creek down to Old Highway 9, spreading out a couple of ridgelines to each side. It's between Comfort and Fredericksburg and right in the middle of some of the most desirable real estate in the region.

But to Langford, and to many others in agriculture, the land is worth more than its equivalent value in a well-balanced portfolio. It's home, it's a natural resource they can protect better than subdivisions would, and it's a passion "to where we'd rather be taken out in the middle of the road and shot than sell."

That collective fighting sentiment has been harnessed by the forces out to repeal what they have dubbed the "death tax."

It's ironic, Harl said, that the fight to kill the tax comes at another point in U.S. history where the gap is growing between rich and poor — and when the federal government is facing record deficits.

"Red ink as far as the eye can see," he said.

The battle began about 10 years ago as a push by a small group of wealthy families, Harl said, including the heirs to the Gallo wine and Mars candy fortunes. Focus groups showed people were more likely to support a repeal of a "death tax" than an "estate tax," hence the new name.

Other members of the nation's elite feel differently. People like David Rockefeller, George Soros, Warren Buffet and more than 100 other millionaires and billionaires came out in support of the tax two years ago.

Buffet called its repeal the economic equivalent of "choosing the 2020 Olympic team by picking the eldest sons of the gold medal winners in the 2000 Olympics."

The repeal campaign got a boost when the Bush administration, in its 2000 tax-cut package, pushed through a gradual increase of the limit an estate must be worth to be taxed until the limit is abolished in 2010. Then the tax comes back in full force in 2011 unless opponents can kill it completely.

They're close. In June the House approved a bill to repeal it, and the Senate is expected to vote on it early next year.

The estate tax brought in more than $23 billion in 2001, Harl said, and if it's killed the expected loss between 2013 and 2022 would be $740 billion.

"There's a very substantial amount of money involved," he said. "That's why all the screaming in the upper tax brackets."

Harl and groups like National Farmers Union and United for a Fair Economy say the best way to deal with the tax's problems is to raise the amount an estate must be worth for it to be subject to the tax.

Complete repeal of the tax would mean less federal money for trade development, conservation and research programs that benefit agriculture, Farmers Union argues.

Reform of the law and proper estate planning tools like life insurance would protect most landowners, said Betsy Leondar-Wright, spokeswoman for United for a Fair Economy.

"This was never meant to be a tax to catch people ... who were land-rich and cash-poor," Leondar-Wright said. "These folks who claim to be the friend of farmers have actually blocked reform that would help the farmers over and over again."

But it's the principle of the thing, Farm Bureau officials say.

"Farmers view death taxes as double taxation," Wolff said, "and if it's double taxation on them, it's double taxation on anyone who has to pay the tax."

That principle is more like a red herring, said Chris Hartman, research director for United for a Fair Economy.

In the first place, most money is taxed many times, Hartman said. Wages are hit by income, social security and Medicare taxes before a paycheck is even cashed. Then each dollar that is spent pays sales tax, the merchant that receives it pays corporate tax, and so forth.

In the second place, most big taxable estates are made up of stock that has appreciated over the years and never been taxed.

"It's not true philosophically, and it's not true substantively," Hartman said.


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