Boston College Law Review

Articles from Vol. 57, No. 3, 2016

Alternatives to the Gift and Estate Tax
INTRODUCTIONAs the current incarnation of the gift and estate tax approaches its centennial, it is an ideal time to reflect on its role and its prospects. Although the tax survived a near-death experience in 2010, its role in the federal tax system is...
A Wealth Tax: Taxing the Estates of the Living
INTRODUCTIONThe estate tax was first passed in 1916.1 Congress's concern in passing the estate tax is made clear in the House Committee report: "What taxes can be levied that will be sufficient to meet the needs of the Treasury and at the same time place...
Considering Alternatives: Are There Methods Other Than the Estate and Gift Tax That Could Better Address Problems Associated with Wealth Concentration?
INTRODUCTIONThe estate and gift tax is in a precarious position. Once a well-accepted part of our country's overall tax system imposing significant levels of tax on large swaths of the population, today it applies only to the smallest percentage of the...
"Death Tax" Politics
INTRODUCTIONWhat I will say today is largely based on my book with Yale political scientist Ian Shapiro, Death by a Thousand Cuts: The Fight Over Taxing Inherited Wealth, and the events since 2010.1 Our book reveals-with far greater texture and nuance...
Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers
INTRODUCTIONThe current estate tax is neither fish nor fowl. It raises little revenue, yet is ill designed to further the various social goals most often used to justify it: adding progressivity to the tax system, backstopping the income tax, reducing...
Marital Sharing of Transfer Tax Exemptions
INTRODUCTIONThis Symposium celebrating the one-hundredth anniversary of the estate tax provides an opportunity to reflect on where the law has been and where it may be heading. Accordingly, this Article analyzes portability and its antecedents (marital...
Should We Tax the Gratuitous Transfer of Wealth? an Introduction
The role of the estate tax in our system has become increasingly controversial. The first panel in this Symposium addresses some of the important issues pertaining to whether it is desirable to tax gratuitous transfers of wealth.The estate and gift tax...
The One-Hundredth Anniversary of the Federal Estate Tax: It's Time to Renew Our Vows
INTRODUCTIONSeptember 8, 2016 will mark the one-hundredth anniversary of the federal estate tax.1 As with many longstanding marriages, America's commitment to the estate tax has waxed and waned through the years. Our ardor built slowly, growing from...
Three Whacks at Wealth Transfer Tax Reform: Retained-Interest Transfers, Generation-Skipping Trusts, and Flp Valuation Discounts
INTRODUCTIONAlthough this author personally favors replacing the federal wealth transfer (gift/estate/generation-skipping) taxes with an accessions tax,1 Congress has been reluctant to abandon existing tax systems.2 Accordingly, a more realistic tack...
Toward a Reality-Based Estate Tax
INTRODUCTIONThis Article proposes reforming the estate tax by eliminating devices and distortions that have crept into the estate tax and frustrated its goal. The present focus in reforming the estate tax is to make the current estate tax a reality-based...
Valuation, Values, Norms: Proposals for Estate and Gift Tax Reform
INTRODUCTIONEstate tax is a topic that inspires sharp debate in just about every context. Opponents call it a "death tax," telling all who will listen that the tax is unfair.1 Proponents counter that the estate tax is a reasonable price to pay for robust...
What Do We Know about the Behavioral Effects of the Estate Tax?
INTRODUCTIONAt its one-hundredth anniversary, the estate tax continues to generate passionate debates reminiscent of those leading up to its enactment in 1916. The tax retains much of its original structure, albeit with a different rate schedule and...
Why Tax Wealth Transfers?:a Philosophical Analysis
INTRODUCTIONShould we still, in 2016, upon the one-hundredth anniversary of the estate tax in the United States, ask the question, "Why tax wealth transfers?" Is the answer merely one of political exigency? A leftover set of arguments from the early...
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.