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Obama's Huge Would-Be Gift To The Scions Of The Super-Rich

Dan Froomkin

The estate tax is a particularly hot-button issue with progressives who see the increase of income inequality and loss of social mobility as being the main underlying problems with modern American society. (Credit: Reuters/Rick Wilking)

WASHINGTON -- Millionaires and billionaires would reap big rewards if
President Obama's tax cut deal becomes law, but thanks to the
agreement's estate-tax provisions it's their heirs who will make a real

The Obama concession that's getting most of the attention in the
media is the one that would extend the Bush income tax cuts even for
households making over $250,000 a year. That's a gift to your average
millionaire of $139,000 a year for the next two years.

But it's the estate tax cut which, despite its relatively lower public profile, has proven even harder for congressional Democrats
to swallow. Obama's deal would free an estimated 40,000 of the biggest
estates in the country each year that would otherwise have been subject
to the tax from paying a single penny.

And the approximately 3,500 estates that would remain subject to the
tax at all -- consisting of the top 0.14 percent of all U.S. estates
each year -- would pay at a much lower rate.

Compared to current law, that would amount to a gift in 2011
averaging about $3.5 million for each of the thousand or so estates
worth $20 million or more.

The total cost to the taxpayers would be about $23 billion a year.

Those estimates are based on an analysis by the Tax Policy Center, a Washington research group.

Estate tax rates have been all over the map in recent years. As one
of George W. Bush's last gifts to the incredibly wealthy, the estate tax
is actually zero in 2010, meaning even the estates of such billionaires
as New York Yankees owner George Steinbrenner paid nothing. (Cost to U.S. taxpayers for Steinbrenner alone: Something like $500 million.)

Under the current law, however, the 2011 estate tax was set to return
to the 2009 level of 55 percent for estates over $1 million. That's
still considerably less than the 77 percent rate that applied from 1942
to 1976 on estates over $60,000.

Obama had previously proposed lowering the rate to 45 percent for
estates over $3.5 million in 2011. The deal he struck with Republican
Majority Leader Mitch McConnell, however, reduces the rate yet further,
to 35 percent, and only for estates over $5 million. (All the minimums
are for individual estates; the limits double for couples.)

The estate tax cut may end up being the biggest obstacle to winning
Democratic support for the package. House Speaker Nancy Pelosi on
Tuesday called the lower estate tax "a bridge too far." Rep. Chris Van
Hollen, head of the Democratic Congressional Campaign Committee, told MSNBC on Wednesday: "This provision makes it "very, very difficult for me to support in its current form." The House Democratic caucus on Thursday non-bindingly rejected the overall deal, with the estate tax cut a key factor.

The estate tax is a particularly hot-button issue with progressives who see the increase of income inequality and loss of social mobility as being the main underlying problems with modern American society.

And the nation's more benevolent billionaires are not just vowing to give away at least half
their fortunes, they're asking to have their estates taxed. (Among
other things, high estate tax rates encourage charitable giving, which
is of course tax free.)

Omaha investor Warren Buffett told the New York Times
in 2001 that the estate tax plays a critical role in promoting economic
growth by helping create a society in which success is based on merit
rather than inheritance.

Repealing the estate tax, Buffett said at the time, ''would be a
terrible mistake,'' the equivalent of ''choosing the 2020 Olympic team
by picking the eldest sons of the gold-medal winners in the 2000

He continued: "Without the estate tax, you in effect will have an
aristocracy of wealth, which means you pass down the ability to command
the resources of the nation based on heredity rather than merit.''

Or, as Karen Dolan, a fellow at the Institute for Policy Studies, put it in her Huffington Post blog on Thursday: "Merry Christmas, Paris Hilton."

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