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Why They are Wrong about the Estate Tax

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Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
2010 was a great year to die if you are rich. you won't pay estate taxes if you kick the bucket this year. Democrats in particular seem outraged and view that the new estate tax rate of 35% is outrageously low and has nothing to do with helping the economy. I beg to differ.

Ignore for the moment that the money earned has already had a tax paid on it. Ignore that if you are really cleaver, you can "hide" this income with an LLC, etc. etc.

I appraised an estate a few years ago. The man and wife who died, started their company in the depression. He mixed feed with a shovel after spending days tending and delivering baby birds while his wife ran the paperwork. They did this for decades and built the company to a processing plant, a large feed mill, 7,000 acres of land, cattle, homes, a small airport, and 4 hatcheries. They owned barns and a research lab.

He ran this baby until his death at well over 90 years old. http://www.petersonfarms.com/history.html

The farm still exists. But it is a shell of its former self. The processing plants and most of the hatcheries and the gas company had to be sold to pay the estate tax. I was never privy to the terms of the sale but it was almost certainly within 8 figures. And according to rumor, virtually all of it went to pay the estate tax. It sold 5 months and a few days after Mr. Peterson's death...just in time to pay the tax.

Some would argue. Big deal. The buyer still runs the facilities, etc. etc.

OK. Yes that is true, Simmons Foods purchased the plants and most of the facilities. But there were several dozen middle management, fieldmen, and supervisors who lost their jobs. These, for the most part were folks over 40 years old. Simmons already had managers and so these people were given 2 weeks notice and out the door. Only one manager kept his job. He was the last man hired and was manager of the gas company. Simmons did not own a gas company so they let him stay.

They have also sold off a significant part of the land.

Further, there were a lot of clerical staff that were also redundant and most of them (all of the office managers) lost their jobs. Again, many of the jobs were better than average jobs... not minimum wages in the plant. This has also caused a number of buildings in the small town of Decatur to be vacated...with zero demand for same it impacts property taxes, and even the number of people eating at the local cafe.

As for the operation, Peterson is now run by a grandson. He is an able administrator and likely can build the company back to a solid company but that company isn't hiring and isn't going to hire for a long time. They also have a mortgage on property that is there due to a long running lawsuit. after almost a year after the trial and 8 years after filed, the judge will rule in January. It literally may hold the fate of both Peterson and Simmons in the ruling.

The estate tax is bad for the economy and it shows in farm operations most acutely because such operations typically have a high level of assets vs. the actual income of the operation.
 
For those who favor redistribution of wealth, the estate tax is quite "fair".
 
For those who favor redistribution of wealth, the estate tax is quite "fair".
My old partner in appraising died 10 years ago. We buried her in a snowstorm. Prior to becoming an appraiser, she had worked at Petersons' many years. Among the pallbears were myself and 2 other of her former supervisors at Peterson. Both of them lost their jobs. Both are near my age...You are 50 years old, you've worked 20 - 30 years for one company and worked up the ladder to a middle management jobs where you could buy a reasonably nice house, drive a reasonably new vehicle and pay your bills. Suddenly at 50 years plus age, you are in the unemployment line. Yes, your wealth will be redistributed. Your daughter's college education just became a huge issue... but there will be no worry of your kids ever paying an estate tax, that's for sure. And there is no chance at that age you will find a different profession that pays as much. You will only "get lucky" to find a similar job and probably would be forced to uproot and move off or commute a considerable distance.
 
Estate tax is essential to implement communism if you take a look at the communist manifesto

With politicians nowadays the Democrats want socialism overnight and the Republicans bring it on more slowly with their expansive Gov't.
 
Regardless of the pros or cons of the estate tax, that was some seriously poor planning. We have a large poultry and egg farm in our area. It has been family owned for about 60 years.

They were concerned about the estate taxes and the transfer of management between the generations of the family. Thinking ahead, they hired a consultant to work with legal and with the next generation to ensure that the transition was smooth and left the company in a good situation.

Why is this person held up as a victim of government because he did not have an effective transition plan. He knew the rules of the game and decided not to play.

On a personal note...I dealt with this issue last year as my brother withered away. There were conversations about what to do if December came around and he was still hanging on. How much is life worth? He was a very successful business person and knew his business. Being a stanch republican, he had been listening to the party line and thought that he knew what his estate taxes would. I finally got him to consult with a financial advisor and he was able to mitigate most of his potential estate tax liability. I wish he were here for it to be a concern.
 
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He knew the rules of the game and decided not to play.

The problem is the rules change every year and sometime they are changed after the fact. To effectively plan all you need to know is two things, the year you plan to die and the tax rate and exemptions the government will have in place. Good luck.
 
the rules change every year and sometime they are changed after the fact
exactly and there were some assets that were truly separate. A divorce among your children also impacts the way and ability to alter those plans.

Many people create multiple corporations thinking this will defray the issue. The courts can rule they are comingled and throw them all in the mix. I suspect this was the case here. I was only asked to appraise the assets of one entity but in any case, if cleaver accounting can eliminate the estate tax then why does it exist? To punish the less cleaver among us?
 
In the early 80's, farmland crashed. There was a 50% decrease in land values over a short period of time. There were people who died just prior to the crach that ended up paying 55% estate tax on land that had lost 50% in value during the time probate ended. So after years of building a nice family farm operation, heirs ended up selling the farmland to pay the tax and still owed money on top of the proceeds.
 
Steinbrenner stuck to the man...You just need to know when to die...
 
exactly and there were some assets that were truly separate. A divorce among your children also impacts the way and ability to alter those plans.

Many people create multiple corporations thinking this will defray the issue. The courts can rule they are comingled and throw them all in the mix. I suspect this was the case here. I was only asked to appraise the assets of one entity but in any case, if cleaver accounting can eliminate the estate tax then why does it exist? To punish the less cleaver among us?[/QUOTE]

I think that Bill Gates Sr. says it best. "A common, and misguided, criticism of the estate tax is that individuals who work hard and save their money should be entitled to pass on the fruits of that labor to their family. I am not against working hard, saving money, or taking care of your family.

However we must acknowledge that the person who accumulates wealth in this country was not able to do that independently. The simple fact of living in America, a country with stable markets and unparalleled opportunity fueled in part by government investment in technology and research (something my family has plenty of firsthand experience of), provide an irreplaceable foundation for success and have created a society which makes it possible for some men, women and their children to live an elegant life.

I attended the University of Washington under the G.I. Bill, and then became a lawyer enjoying a successful career that allowed me to provide well for my family so that they in turn were able to create their own wealth. So I believe that those of us who have benefited so greatly from our country's investment in our lives should be asked to give a portion of our wealth back to invest in opportunities for the future.

Society has a just claim on our fortunes and that claim goes by the name estate tax."

That said, should there be changes to the tax? Yes, I think it is snagging people at too low of a level. I am all for building family wealth and the current level of exemptions hits the segment that is in the gray area, wealthy, but not wealthy enough to sustain a large estate tax and still have significant assets to pass on.

The accumulation of wealth in a smaller and smaller segment of the US population is robbing the future of the American Dream and is one of the biggest threats to the American way of life.

Socialism is when the government or commons controls the means of production and the allocation of resources.

What is it called when the few control the flow of capital and entry into a market?

Besides, taxes, in general, create jobs. Think of all the unemployed folks if we had a flat tax and no other taxes. :)
 
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