Nobel laureate economist Edward Prescott defends the estate tax repeal in this morning's Wall Street Journal. The Tax Foundation has a long excerpt on its weblog, including this nugget:
And that gets to our first point about the supposed budgetary benefits of such a tax. Since an estate tax is really just another name for a tax on capital income, then there is certainly no justification for such a tax. I, and others, have written before in these pages about the inefficiency of capital income taxes, and there's no need to revive those arguments here, except to say that we can only grip the neck of our vibrant economic goose so tightly before it eventually dies and quits laying those golden eggs. And many of those golden eggs come in the form of capital that allows descendants to keep family businesses intact, or to begin new businesses that fuel our economy.
Besides, even if estate taxes were not inefficient and could be construed as fair, they would still do little to address the budget deficit. In 2003, net estate taxes accounted for $20.7 billion, a drop in the bucket of an $11 trillion economy. Clearly, we are not going to balance the budget by grave robbing.
Economist Greg Mankiw, former head of the President's Council of Economic Advisers, adds this on the repeal's effect on charitable donations:
I am puzzled by those who say that the repeal of the estate tax will hurt charitable giving. Repeal has two opposing effects: a substitution effect (it raises the relative price of giving to your favorite charity rather than to your heirs) and an income effect (you have more to give). Critics of repeal seem to assume that the substitution effect dominates the income effect. I am not convinced that is right.
Imagine a wealthy Harvard alum. His will says, "Give each of my 10 heirs $10 million after taxes, then the rest to Harvard." If he faces an estate tax rate of 50 percent, then funding the heirs will cost an extra $100 million, which will all come at Harvard's expense. Isn't something along these lines plausible?
The Tax Foundation has a history of the estate tax, which backs Prescott's point that it is not a big revenue raiser. A Foundation brief argues that the estate tax may be, on net, a revenue loser.
Cato's Alan Reynolds runs through the research in a piece from last summer and reaches the same conclusion:
In 1987, a study in Tax Policy and the Economy by Douglas Bernheim of Stanford concluded that "available evidence suggests that, historically, true revenues associated with estate taxation may well have been near zero, or even negative." The estate tax results in lower income taxes through such means as giving stocks and bonds to heirs in lower tax brackets, funding M.D. degrees for grandchildren, deducting tax-avoiding life insurance premiums from business income and setting up tax-exempt foundations.
Supply-side effects make it even less likely that the estate tax raises any revenue. As a July Congressional Budget Office (CBO) study notes, an estate tax can "lead people to invest less than they would otherwise" and "reduce entrepreneurial efforts."
So where does repeal stand, politically? Under current law, the estate tax will expire for one year, 2010, and then skyrocket to a top rate of 60 percent in 2011. The House has, several times, voted to make repeal permanent. The Senate, however, has had a majority in favor of repeal, but not the required supermajority to block filibuster. This remains the case.
According to BNA, the Senate is working out another strange "compromise" that would "impose a higher estate tax rate on larger estates, with the top rate at 35 percent." More: "he plan could exempt estates below $3.5 million--the same exemption that will take effect in 2009--while taxing estates just above that amount at 15 percent, a middle range of estates at 25 percent, and those above a certain threshold at the top rate." This would be an improvement over current law, but it would continue all the negative effects of the estate tax. And critics of repeal call this "compromise" just as bad as an outright repeal, anyway, in terms of its (static!) revenue effects.
One observer tells BNA that the competition between Sen. Jon Kyl's outright repeal bill and this "compromise" is intense. "The only question is 'Who can get 60 votes?,'" he said. "And my judgment is that Kyl and his proposal have the best chance to get 60 votes"
It is disappointing that so much strategy and maneuvering is necessary to kill off a wildly unpopular and unfair tax that raises little money and may even cost the government revenue. The reason, of course, is that proponents of the tax consider it a strong wedge issue for a voting base that responds positively to class warfare. Apparently, for some, that's reason enough to keep the estate tax on the books indefinitely.