Democratic Underground

Ask Auntie Pinko
June 28, 2001


Dear Auntie Pinko,

My uncle promised to leave me (in his will) $5000 worth of microsoft stock that he bought for $2000. I know before Bush ended the Death tax I would not have owed anything. Under Bush's new law will I have to pay capital gains tax when I sell the stock? My lawyer says yes and my Republican congressman says only if my uncle dies in 2010. Who is right?

Confused in Chicago


Dear Confused,

Oh, dear! Now you have Auntie Pinko confused, too! The best thing I can recommend you to do is to talk to an accountant who is familiar with the ins and outs of these complex matters. Auntie Pinko is not an accountant and frequently tries the patience of the nice people at the bank in reconciling her monthly statement.

However, perhaps some experience and observations will help provide a little context for your dilemma. Auntie Pinko recently had the sad duty of executing the estate of a loved one who passed away last year, and during the process I did learn a couple of things about Estate and Inheritance taxation.

First, you are correct in assuming that under the old rules you would have owed no tax on the already-appreciated value of your uncle's stock. In fact, if your uncle left anywhere up to $600,000 in wealth, there would be no tax of any kind for any of his heirs to pay on the bequests! This means that the vast majority of estates probated or cleared in the U.S. have never been subjected to any kind of "death tax," a clever semantic tag designed to play on the prejudices of Americans.

In fact, while the duties of settling or probating an estate are rarely simple, and can be costly (please make your wills, my friends-your survivors will thank you,) taxation is not an aspect of this process, and the repeal of estate/inheritance taxes will not simplify it in any way, nor lessen the expense for the average family.

You might be tempted to ask, in light of this, "Why do we bother with inheritance taxes at all, then?"

You will hear many reasons, but most of them boil down to a simple principle that embodies the beliefs America was founded upon: The growth of a class of hereditary plutocrats, concentrating large amounts of the nation's wealth among a small elite of families, is bad policy for a democracy. America's founders were familiar with systems where a small hereditary nobility owned most of the country's land and resources. Americans, while believing every family has a right to accumulate a reasonable "stake" in the nation's wealth, also believe that to continue building economic strength, money must circulate broadly, not be hoarded by a plutocratic few.

Thus, various inheritance taxes have been implemented at various times, to apply only above certain wealth levels, in order to put a measure of that accumulated wealth back to work for the public good, before passing the remainder on to the next generation of the wealthy family.

Now, for the record, Auntie Pinko (as a good leftie) supports this concept. And had Mr. Bush proposed raising the "floor" on that estate tax limit-say, to a million dollars or even a million and a half, I would have approved. Given the long surge of prosperity in the last eight years, it is not inconceivable that even a modestly-prosperous person could have accumulated more than $600,000 when house values, personal property, retirement funds, etc., are all taken into account.

But Auntie Pinko wonders now… will we end up with those hereditay plutocrats, after all?

Thank you for writing to Auntie Pinko!


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