Rules and more rules
Dan Calabrese , Bio and Archives--September 6, 2016
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The Constitution says you can't pass laws or levy taxes without congressional approval. Barack Obama does not see the Constitution as a limit to respect. He sees it as a target to be destroyed, and his directive to the administrative state is to find a way.
Find a way to govern as we want, without having to bother with Congress. Do it via regulatory and administrative rulemaking if that's what it takes. But do it.
Apparently the Treasury Department has found a way to do it in the form of a grab for more estate tax revenue. They can't technically raise the rates or establish a new exemption threshold, but no problem. Instead, they'll simply redefine how they calculate the value of your assets for the purpose of taxing them. One way or another, they will get your money.For example, consider a minority stake with limited rights in a family business. While the business as a whole may have considerable value, how much would an investor be willing to pay for a small, illiquid piece of a private business that she can’t control? The typical answer is not much. On the other hand, the investor might pay handsomely for a controlling interest. The IRS has long recognized this reality and has allowed the discounting of interests in closely held businesses to more closely reflect what they could fetch on the open market, rather than simply assigning a percentage of a firm’s overall estimated value. A lower value assigned to an asset means a smaller tax bite. But what seems like a reasonable interpretation to some looks like a wasted revenue opportunity to the Obama Treasury. So the feds are now accepting public comments on a plan to limit discounting and thereby raise the official value of many of these stakes in family firms, exposing them to higher tax bills. Treasury is hoping to roll out a final rule before Mr. Obama departs in January.
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