Live Long and Prosper

Commentary March 31, 2009 at 11:05 AM
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In addition to all the other balls the Obama administration is currently juggling, it looks as if it also plans to prevent the possibility of something truly macabre happening because of a law concerning 2010 that has been on the books for years.

As we all know, the estate tax is scheduled to disappear in 2010 before making a reappearance at 2001 levels in 2011. This bit of financial souffl was the brainchild of the now departed Bush administration, which specialized in whipping up such concoctions.

Even at the time this provision was enacted into law, nobody believed it would really unfold in this way. The amount of wink, wink' going on in Washington at the time was so great that whole cadres of congressmen and members of the executive branch were thought to have developed a facial tic en masse.

However, despite the fact that no one really expected the estate tax to vanish in 2010, especially as the budget deficits started to bloom in earnest, there was still uncertainty in the estate planning market because the law was on the books. And we are a country of laws.

Every once in a while someone would raise the specter of seniors with estates large enough to owe estate taxes voluntarily choosing to go to the Kool-Aid counter just to spite the government during this very narrow window of opportunity. Imagine all that extra dough available to your loved ones simply because you cashed out before Jan. 1, 2011.

The Obama administration is not labeling its initiative Save the Seniors,' but that's what it amounts to.

It's likely that 2009′s estate provisions will be extended to cover 2010, meaning no free ride next year.

Further, a bill now on the table, S. 722, sponsored by Sen. Max Baucus, D-Mont., would reunify the estate and gift taxes, establish a $3.5 million per person exemption, index it for inflation, set a top tax rate of 45% and take the individual spousal exemption and make it automatically portable to the other spouse.

Sounds pretty generous to me. In fact, one could easily view S.722 as a new lease on life for those people rich enough to be affected by it.

So, wealthy seniors, live long and prosper. You're going to pay in the end, anyway.

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