History of the Federal Estate Tax and its Relationship to De Tocqueville's Views

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Benjamin Franklin, wise man that he was, indicated the only two things we cannot avoid are death and taxes and in some cases when you die is when you are taxed the most. To understand the "Federal Estate Tax" one must understand how it started. The Estate Tax in its earliest form was instituted in 1916 at that time it was called an "Inheritance Tax" and this tax was levied against the beneficiary of the estate. In most cases this tax was levied against people, whom could least afford this type of tax. The "Inheritance Tax" was eventually restructured to be levied against estates and was protected by a deductible so the people who got the most benefit from the government were also the people who bore the greatest burden of the tax thereby the "Federal Estate Tax" was born. This tax was levied only three years after the 16th Amendment "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration" the "Income Tax."

It is also somewhat misleading to indicate that the "Federal Estate Tax" was repealed. It by law is being phased out and in the year 2010 it will be repealed. Each year from 2001-2009 the protected amount will get higher. Then in 2011 it will return to the 2002 parameters. So while it is a reduction there is only one year 2010 where the actual tax is repealed.

What the "Estate Tax" does is attempt to even the playing field it tries to create equality by reducing the fortunes of the truly wealthy and establishing a fund available to the government that happens after the earner of the estate is gone which causes no hardship to the person who acquired the wealth. What in fact it managed to do is employ an entire discipline of accountants and attorneys who make it their life's work finding loopholes. One of the largest loopholes is donations to charities and non-profits, while it isn't really a loophole it is more like spite work. It is more like if you will not let my family have it then I will give it to someone from whom you cannot take it away. The money that is being lost to the government by the phase out of the "Estate Tax" will need to be replaced for the short term.

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