In Today’s Washington Post, there is an editorial asking for the fix to be put into place for the Estate Tax.

My view is that first and foremost, Congress needs to deal with the one year repeal of the estate tax. That is not only unworkable, but can lead to the bizarre situations set up over the past few months on this blog. I also believe that the estate tax needs to be either eliminated or overhauled. Why? First, by creating the unified credit on a per individual basis as opposed to a couple basis, it creates a need for unnatural planning. Second, it discriminates against non-citizen spouses (who do not get a marital deduction for what they inherit). Third, it discriminates against unmarried people and their significant others. The estate tax itself is also discriminatory. It discriminates against people who save. It discriminates against entrepreneurs and innovators. It discriminates against farmers (who are land rich and cash poor). My view is that the tax ought to be repealed completely. But understanding that government needs money to pay the bills and dead people don’t squawk as much as the living, I can live with an estate tax. The fix ought to be this. First, the rate. The rate ought to be the same as the capital gains rate because all other assets have already been taxed. This seems to be the fairest method of dealing with this. Second, there should be an exemption of $10 Million per couple and $5 Million per individual. This reduces the number of estates filing to a fraction. The exemption should be indexed to the inflation rate for real estate nationwide (this helps farmers to some degree and small businesses which own real property). The underlying issue and one that is one of philosophy is that of “inherited wealth”. Our Founding Fathers abhorred royalty. Concentrations of wealth create an economic royalty which can lead to a political royalty. After all, kings and lords owned lands which they rented to serfs who worked the land and turned over the profits to the Kings and Lords through duties. An estate tax in essence redistributes that wealth, but not to the people, but to the Government which increases its power and size. The Founding Fathers also abhorred a strong central government. So, with an estate tax you have two competing issues one of concentration of wealth (which is bad) and bigger Government which is also bad. The Government is ill served to play the role of Robin Hood and so which is the greater evil. Inherited wealth or big government. Inherited wealth can be toxic, but to grow it has to invest or it gets consumed. Increased Government hurts growth due to the need for it to micromanage everything. I have no problem with taxes being levied to pay for necessary Government functions, but I do have problems when Government uses the tax code to change behavior. The estate tax is one such area abused in this way. If you need an estate tax to pay for the essentials of Government, then by all means levy one. But don’t enact one to punish the rich, or to redistribute wealth or to grow government. That is not what taxes are for.

An Offer

February 11, 2010

That morning, Jack, Sr., met with Sally. “I want to take you away from that no good husband of yours. I love you and want to be committed to one another.” Sally started to tear up. “Jack, you know that’s what I want to do, too, but isn’t that a bit premature. You haven’t seen my kids. But if I try to leave, he’ll kill us both and keep the kids for custody.” “Sally, that’s fear talking”, Jack replied. “I may be a stupid idiot old fart, and I may be impetuous, but I’ve never had a clearer thought in my life, but I’m not going to live my life in fear. Here’s what I think we should do. I’ll go meet with your husband, man to man, and we’ll make him an offer he can’t refuse, and tell him that you’re leaving him and that you want custody of the kids. I’ll put you up in a nice place that I’ll rent in Mobile, so he can’t trace the address. If he attacks me, then he goes to jail, if he doesn’t and I doubt he will because he’s a gutless punk in my book, you’ll have the papers signed and that’s it.” First, we need you to see a lawyer to draft up a separation agreement.”

Later that day, Lawyer Simmons drafted up a separation agreement that was what they all agreed to. Sally would pay to her soon to be ex-husband the sum of $200,000. In exchange, he would surrender all claims to custody.

February 10, 2010.

At 7 p.m., Jack Jenkins knocked on the door of a house in run down part of down. “Mr. Beaudine?” “Yeah, who’s askin’” was Beau’s impolite response. “I’m Jack Jenkins, I want have come to talk to you about your wife, Sally. She wants to leave you and I want to help her do that.” “You mean, she’s a doin’ ya, and you like that action don’t you grandpa.”, retorted Beau. “I have to admit, that Sally means a lot to me, but she’s ended up in my life because you beat her out of yours.” “Are you ‘cusing me of beating my wife?” “Facts is facts, Mr. Beaudine”, replied Jack. “Anyway, here’s the way I see it. I’m going to give you $100,000, (see, here’s a cashier’s check), if you sign this separation agreement renouncing custody of the kids and Sally will agree that you can keep the house, and everything from the marriage. Or, you can say no, I keep the $200,000, she leaves you and files for divorce on the grounds of abuse, she takes half of everything you own and gets custody of the kids. Its your call”, Jack offered. “I oughta kick your ass right here”, said Beau. “Do you think, you can buy me for $100,000? I won’t take a dime less than $200,000.”. “Is that your final number, Mr. Beaudine?” asked Jack.

What to do, what to do?

January 31, 2010

Jack, Jr. looked at the car Elmo was driving. What could he do to rig the car to make it look like an accident? The brake tampering had failed in New Orleans and he darn near got figured out and his Dad still might be piecing those together and the New Orleans police haven’t yet closed the case. Electrical wiring has possibilities, but again probably traceable. He remembered his dad talking about a recall in the 1970’s when engine mounts on cars failed and the engine dropped causing the accelerator to drop to the floor. He went to the garage and looked around to see if there were any worn bolts and nuts for engine mounts. He went into the computer to see if they had worked on any in the last week or so. And there it was, just yesterday in Bay 3. He grabbed a large muffler box out of the trash. He went to Bay 3 and talked to the mechanic, Bart. “Bart, you still got the engine mounts and parts, you took off that muscle car yesterday?” “Yessir, but why do you want them?” Bart asked inquisitively. “Corporate wants them to see if this is a bad batch or not”, Junior fired back. “Cool”, Bart replied as he handed put the parts into the muffler box and handed the box to Junior. Junior headed back to his office, sealed up the box. Now he had to figure out how to swap out the parts and not have the engine fall on him and crush him in the process. .

After Bart handed over the parts,

Beau Beaudine was watching TV when the ad came on and there he was the man from the bar, Jack Jenkins, stud football player and car dealer. “Car dealer! I hate $%!@ car dealers!”

Beau went into the kitchen and confronted Sally. “Sally, do you know Jack Jenkins”. Sally always assumed that her husband watched her, but she had to play this one just the way she rehearsed it. Show animation and anger at Jack, that was the tract. “Yes, I saw him in a bar the other day when I went for a coke to wait for the kids to get home from school, he tried to pick me up, but I told him to buzz off”, she replied from her mental script. “I told him I had a man twice as good as him, and why was he trolling bars for younger women anyways”. “Good job, honey, you cut that man’s balls right oft”, Beau exclaimed. “Good thing, too, I’d have killed both of you. Now stay away from that bar, you hear.”

Bar chat

January 5, 2010.

“Hey, Jerry how are you doing?” Jack, Senior exclaimed. “I’m doing great you sorry SOB. How’s Junior doing?” Jerry replied. “Pretty good I guess, he got his wick wet with some babe, he met here the other night”. “Well we aims to please around here”, answered Jerry. “Give me a bourbon and soda, hell I’ve got a driver.” Big Jack smile. They talked for awhile. “Jerry, I had someone try and cut my brakes the other night, New Year’s night while I was in New Orleans. I hate to ask, but I want to be sure that Junior was here on New Year’s night during the Houston – Notre Dame game.” “New Year’s night, you said?” Jerry asked. “Yup”. “Well, that’s a problem, I wasn’t here New Year’s night. New Year’s eve sucked all the energy out of me, so I stayed home that night and I had a new manager on duty that I just hired last week who probably wouldn’t know Junior, but I’ll ask”, Jerry replied. “Thanks, man, he probably was here, but this just has me a bit scared. Some SOB wanted me dead.”