Stop this unfair attack on the American Dream

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Sept. 21, 2003, 1:03PM

By ALVIN WILLIAMS

When Benjamin Franklin asserted that the two certainties in life were death and taxes, he did not know that our nation's tax code would someday unite the two.

The death tax -- a name coined by James L. Martin who heads the 60 Plus Association seniors group -- has been described by one lawmaker as "taxation without respiration."

In the IRS code, the death tax is known by a more formal name: the estate tax. Under current law, an estate can be taxed at a rate ranging from 32 percent to 55 percent -- depending on the total value of the estate -- at the time of the owner's death.

President Bush's 2001 tax reform package took some of the sting out of the death tax by gradually increasing the amount of money exempted from the tax from $625,000 in 2001 to $3 million by 2010 when the tax is formally repealed. But this is Washington: The same legislation that repeals the death tax in 2010 restores it (at pre-tax reform levels) in 2011.

While supporters hail the death tax as a tax on the rich and opponents deride it as a grave-robber tax, the tax is really an attack on the American Dream.

America is known around the world as the land of opportunity. Millions of Americans from all walks of life work hard from the time that they're old enough to hold their first job until they die to guarantee their children and grandchildren a better life than they had. They have overcome many obstacles along the way, building successful careers and businesses in the process. We applaud their success as they live, so why penalize these individuals and their families when they die?

One of the groups hit hardest by the death tax are the owners of family businesses, which comprise more than 80 percent of all businesses in the United States and account for nearly half of America's gross domestic product.

Common sense would suggest that national policy-makers should do everything they can to keep such businesses going, even after the death of the founder. Yet, the estate tax does the exact opposite, forcing many first- and second-generation businesses to liquidate after the death of the owner. The death tax is a big reason only 30 percent of all family-owned businesses survive beyond one generation and only 10 percent survive multiple generations.

The tax is especially harmful to farm owners and minority business owners, which provide many young people with the skills and character needed to excel professionally. It was on our family farm in rural South Carolina that I learned the importance of hard work, prudent planning, time management and doing the right thing. Millions of others have learned the same lessons in similar settings.

The estate tax crushes the dreams of millions of Americans who hope, against all odds, that their small businesses some day may become the next Wal-Mart or Microsoft. After all the Walton, Ford, Hershey, Gates and Rockefeller fortunes grew from humble beginnings.

Remember, too, that even when the death tax doesn't force the sale or closing of a business, it can overwhelm a family with legal and accounting fees.

Jim Martin is right to call this tax the death tax: because it is killing what little hope many American families have to achieve the American dream.

Before leaving for the August recess, the U.S. House of Representatives voted 261-163 to repeal the tax permanently. The Senate will have its chance in the coming months. Let's hope they do the right thing -- thereby sending a signal to the world that the American Dream is alive and well.

Williams, based in Washington, D.C., is president and chief executive officer of Black America's Political Action Committee.