ATR joined with the American Family Business Institute recently to send a joint letter to Congress.  It can be summarized as follows: the death tax should stay dead as part of any prevention of the January 2011 tax hikes.  This letter was signed by 39 prominent free market organizations and tea party groups.

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November 16, 2010
Open Letter to the United States House of Representatives and United States Senate
Extend Death Tax Repeal with 2001 Tax Relief Extension


Dear Senator/House Member:


The undersigned organizations urge Congress to act now to prevent the historic 55% hike in the death tax by keeping it at its current resting place of 0%. We encourage you to extend the repeal of the death tax within any extension of the Bush tax cuts to provide relief and certainty to America’s family businesses and farms.

The estate tax has been hastily dealt with under the 111th Congress creating planning problems for family businesses and farms hoping to pass their business on to the next generation. Because no action has taken place this year, the tax is scheduled to swing from its current and proper rate of 0% to a confiscatory 55% on January 1, 2011.

Congress’ inability to establish a sensible estate tax policy has added to the already uncertain and volatile economic environment America’s family businesses and farms now face. With the myriad of estate tax proposals on the table and short amount of time to act in this lame duck session, we encourage you to extend estate tax repeal for family businesses and farms through next year when a new Congress can decide
on a more sensible, permanent estate tax solution.

Estate tax repeal was passed in 2001 under the Economic Growth Tax Relief Reconciliation Act tax cuts and so should be included in any of the tax extension bills currently being considered. The Wall Street Journal, Forbes, and other major media outlets are reporting on a new surge in calls for death tax repeal. Indeed, this election season, over 500 Democratic and Republican candidates, 129 of which were elected to the 112th Congress, signed a pledge to permanently repeal this hated and economically destructive tax.

We support repeal of the death tax for the following reasons:

Repealing the death tax would spur job creation. According to a recent study by Douglas Holtz-Eakin, Ph.D, repealing the death tax would create 1.5 million additional small business jobs. It would shave almost a percentage point off the unemployment rate.

The death tax promotes the concentration of wealth. Joseph Stiglitz, one of President Clinton’s economic advisors, has argued that the death tax “may actually increase inequality.” This argument is backed up by economist Antony Davies, Ph.D, who found that the average annual increase in the death tax burden has resulted in an additional 6,000 small businesses being eliminated or absorbed into large businesses.

The death tax falls particularly hard on minorities. African-Americans have just in the last generation started accumulating generational capital, but the death tax threatens to confiscate it. Death tax liabilities bankrupted the Chicago Daily Defender – the oldest black-owned daily newspaper in the United States and will reduce net African-American wealth by 13%, according to a study conducted by Boston College professors John Haven and Paul Schervish. 50% of Hispanic business owners know someone who sold their business to pay the estate tax and a quarter expect to sell their business because of the estate tax, according to a 2004 Impacto Group poll.

The death tax contributes a very small portion of federal revenues. According to the Office of Management and Budget, the death tax only collected 6/10 of one percent of all federal tax revenues in FY 2009. There is a good argument, in fact, that not collecting the death tax would lead to higher economic growth and thereby increased federal revenue from other taxes.

A supermajority of likely voters support killing the death tax. Poll after poll has indicated that a super-majority of likely voters support killing the death tax. Typically, two-thirds of likely voters support full and permanent repeal of the death tax (even though far less than one percent of voters will ever be liable to pay it). People instinctively know that the death tax is not fair.

The death tax is immoral and cruel. It makes no sense to require grieving families to pay a confiscatory tax on their loved one’s nest egg. Often, this tax is paid by selling family assets like farms and businesses. Other times, employees of the family business must be laid off and payrolls slashed. No one should be punished for working hard, practicing thrift, and leaving an inheritance to future generations.

We encourage you to support legislation that will keep the death tax at rest.

Sincerely,
 

Dick Patten

President

American Family Business Institute

 

Grover Norquist

President

Americans for Tax Reform

 

Michael Needham

President

Heritage Action for America

 

Tim Phillips

President

Americans for Prosperity

 

Morton C. Blackwell

Chairman

Conservative Leadership PAC

 

Harry Alford

President

National Black Chamber of Commerce

 

Chris Chocola

President

Club for Growth

 

Jim Martin

Chairman

60 Plus Association

 

Colin A. Hanna

President

Let Freedom Ring

 

Phyllis Schlafly

President

Eagle Forum

 

David A. Keene

Chairman

American Conservative Union

 

Duane Parde

President

National Taxpayers Union

 

Mario H. Lopez

President

Hispanic Leadership Fund

 

Penny Nance

CEO

Concerned Women for America

 

John Berlau

Director, Center for Investors and Entrepreneurs

Competitive Enterprise Institute

 

Stephen J. Entin

President and Executive Director

Institute for Research on the Economics of Taxation

 

C. Preston Noell, III

Tradition, Family, Property Inc.

 

Seton Motley

President

Less Government

 

William Greene, Ph.D.

RightMarch.com

 

Andrea Lafferty

Executive Director

Traditional Values Coalition

 

Brad O’Leary

Publisher

The O’Leary Report

 

Lew Uhler

President

National Tax Limitation Committee

 

Jennifer Hulsey

Co-Founder

American Grassroots Coalition

 

Myron Ebell

President

Freedom Action

 

Tom McClusky

Sr. Vice President

Family Research Council Action

 

Amy Ridenour

President

NationalCenterfor Public Policy Research

 

Wes Vernon

Columnist-RenewAmerica.com

 

Star Parker

President

Center for Urban Renewal and Education

 

Lisa Miller

Founder

Tea Party WDC

 

Dr. Richard Land

President

Southern Baptist Ethics & Religious Liberty Commission

 

John Tate

Campaign for Liberty

 

JordanMarks

Executive Director

Young Americans for Freedom

 

Tom Minnery

Senior Vice President

CitizenLink

 

Timothy Lee

Vice President of Legal and Public Affairs

Center for Individual Freedom

 

Mandi D. Campbell, Esq.

Legal Director

LibertyCenterfor Law and Policy

 

Sue Lynch

President

National Federation of Republican Women

 

William J. Murray

Chairman

Religious Freedom Coalition

 

Richard A. Viguerie

Chairman

ConservativeHQ.com

 

Noah Silverman

Congressional Affairs Director

Republican Jewish Coalition

 

Tom Schatz

President

Citizens Against Government Waste

 

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