Enforcement Can Be Counter-Productive

For decades, I have discussed and consulted on the issue of sourcing for tax purposes, mostly between different state jurisdictions. For example, establishing a tax home in certain states, such as Texas, Nevada, Florida, or Washington, allows individuals to eliminate state income taxes on much or all of their income.

Manhattan District Attorney Robert Morgenthau is on a crusade to ensure that individuals and corporations pay as much tax to the State of New York as possible and is prosecuting (some may say persecuting) corporate executives who take steps to avoid State and/or Federal taxes.

As Bruce Bartlett explains in this piece, the results of Mr. Morgenthau’s efforts may just be to encourage more businesses to flee from his jurisdiction rather than hang around and wear a bulls-eye.

Mr. Bartlett’s essay also includes the quote from Judge Learned Hand that has been my guiding light for my entire career. It’s on the back of my business cards and is usually quoted at the beginning of my seminars.

“Nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.”

KMK

Estate Tax Is Communistic

When I saw the sub-head (The argument to keep the inheritance tax is un-American) for this article by Tom Nugent supporting the permanent repeal of the estate tax, I thought he would be another person brave (and un-PC) enough to remind people where the concept of estate taxes came from. Unfortunately, he didn’t have the nerve to mention that the concept of confiscating wealth from decedents and redistributing it is directly from Karl Marx’s Communist Manifesto.

I don’t mean to impugn Mr. Nugent’s fine article; but it is also very ironic that his example of a big victim of the estate tax is the same Bill Gates whose father is on the offensive to preserve the tax.

In the spirit of accuracy, Mr. Nugent’s dates are off by one year. 2010 is the year to die free from any estate tax and it comes back in 2011. You can see the full phase out (and back in) schedule here.

Our rulers in the House of Representatives did the right thing and passed a bill to make the estate tax repeal permanent today. However, the tougher battle will be the Senate which is controlled by little Tommy Daschole and several other leftists who are claiming that they will block any effort to repeal the estate tax. I know that I am in a very small minority in wanting to tell it like it is; but I don’t intend to back off from pointing out the fact that anyone who votes to keep the estate tax in this country is a supporter of Communism.

KMK