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To: mewzilla

BTW, that’s why we have an “inheritance tax”, and not an “estate tax”.

A tax on an estate would be a wealth tax, and the feds have no authority. A tax on “inheritance” is a type of income tax, which they can do under the 16th amendment.


20 posted on 12/23/2010 6:29:11 AM PST by CharlesWayneCT
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To: CharlesWayneCT
That's still not the reason :)

There are 535 examples of why we don't go where the money is sitting right there on Capitol Hill.

25 posted on 12/23/2010 6:32:38 AM PST by mewzilla (Hey, Schumer, how's that Lockerbie bomber deal investigation coming along?)
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To: CharlesWayneCT
Have you ever has a chance to look through the financial disclosure form members of the House and Senate file?

If pols were taxed based on their wealth instead of the income, they might not be so eager to keep raising taxes.

26 posted on 12/23/2010 6:35:34 AM PST by mewzilla (Hey, Schumer, how's that Lockerbie bomber deal investigation coming along?)
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To: CharlesWayneCT
>> we have an “inheritance tax”, and not an “estate tax” <<

Sorry to disagree, but you're wrong -- at least as concerns federal taxes:

When a U.S. person dies, the executor of the deceased's estate pays a federal tax. The heirs pay nothing. In computing the federal tax, neither the IRS nor the executor takes into account the wealth or income of any heir.

The next step is that the heirs or "beneficiaries" will be allowed to share whatever is left over, according either (A) to the deceased's will, or (B) in the absence of a will, according to per stirpes rules in the state or other jurisdiction where the deceased resided.

Now here's the crucial point of distinction between the federal estate tax and an inheritance tax:

Under federal law, the heirs don't owe any tax on what they get. An heir can be the richest person in the USA or the poorest. It makes no difference. Either way, he pays nothing. On the other hand, if we had a federal inheritance tax, then the heirs could be taxed directly -- perhaps on an equal percentage basis, on a "progressive taxation" basis, or even on a per capita basis.

To be sure, in some countries the legal system uses the term "inheritance tax" to refer to what actually is an estate tax. Also, it's certainly common for lay people in the USA to use the terms "estate tax" and "inheritance tax" interchangeably and incorrectly. In other words, confusion is rife.

Finally, there are some states of the USA that levy "inheritance taxes" on heirs -- taxes that are computed after the federal tax has taken its bite from an estate. So if you're a putative heir who lives in one of these states, and if you have a very rich bachelor uncle who's in his nineties, move to Texas or Florida while you still have time!

50 posted on 12/23/2010 7:46:47 AM PST by Hawthorn
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