2defense
Anthony McCann1 360x1000
George F Wil...360x1000
Office of Chief Counsel 360x1000
Adam Gopnik 360x1000
11albion
Margaret Fuller 2 360x1000
2falsewitness
Samuel Johnson 360x1000
2transadentilist
storyparadox2
Edmund Burke 360x1000
4albion
3paradise
3theleastofus
199
2paradise
Betty Friedan 360x1000
Brendan Beehan 360x1000
2confidencegames
1madoff
James Gould Cozzens 360x1000
1trap
Margaret Fuller 360x1000
3confidencegames
7confidencegames
George M Cohan and Lerarned Hand 360x1000
1empireofpain
1lauber
299
Lafayette and Jefferson 360x1000
AlexRosenberg
Stormy Daniels 360x1000
5albion
1defense
2trap
11632
Susie King Taylor2 360x1000
9albion
3defense
1albion
Spottswood William Robinson 360x1000
Richard Posner 360x1000
3albion
Margaret Fuller2 360x1000
Margaret Fuller1 360x1000
Gilgamesh 360x1000
2lookingforthegoodwar
1paradide
Mary Ann Evans 360x1000
2lafayette
1lookingforthegoodwar
1lafayette
12albion
lifeinmiddlemarch2
8albion'
Maurice B Foley 360x1000
Mark V Holmes 360x1000
499
Margaret Fuller5 360x1000
Anthony McCann2 360x1000
Thomas Piketty2 360x1000
10abion
Margaret Fuller4 360x1000
2albion
1jesusandjohnwayne
Susie King Taylor 360x1000
2jesusandjohnwayne
Thomas Piketty1 360x1000
2gucci
6albion
14albion
Learned Hand 360x1000
Margaret Fuller3 360x1000
4confidencegames
LillianFaderman
2theleastofus
Storyparadox1
7albion
1transcendentalist
399
6confidencegames
lifeinmiddlemarch1
1falsewitness
1confidencegames
Thomas Piketty3 360x1000
5confidencegames
Maria Popova 360x1000
1theleasofus
Tad Friend 360x1000
storyparadox3
Ruth Bader Ginsburg 360x1000
13albion
1gucci
Originally Published on forbes.com on November 26th, 2011

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The rumor which swept the estate planning community that the Super Committee might call for an early rollback of the gift tax exemption from $5,000,000 to $1,000,000 effective November 23 turned out to have no foundation.  I reported the rumor last week and followed up with a piece that indicated that the rumor had some of the attributes of an urbanlegend.  In my experience, the effect of the rumor was salutary.  A couple of things that were going to get done anyway got done a little sooner.  The question is whether everybody should just relax for another year so we can replay the drama next November or December but with quite a bit more intensity.  The greater intensity would come from the fact that the exemption drops to $1,000,000 on January 1, 2013 based on current law.  The idea that Congress might have done something in the next couple of weeks with a retroactive effective date was probably kind of preposterous.  The idea that Congress will do nothing for the next year is much more plausible.  So should you just wait and see ?
I think not.  While the rumor was circulating Congressman Jim McDermott introduced the:
Sensible Estate Tax Act of 2011” to restore fairness to the estate tax. It is the first estate tax reform bill introduced by a member of the tax-writing committee that does not simply extend or repeal the existing estate tax law.
The McDermott bill would bring the estate tax rates back to the pre-2001 levels, levels that worked and helped drive growth for all Americans, with a maximum marginal rate of 55% and a $1 million exemption ($2 million for married couples) – both would be indexed for inflation beginning in 2000. Current law allows for a $5 million exemption at a maximum rate of 35%, which allows over 99% of estates to pass tax-free.
Inflation indexing is not one of my specialties, but if I am reading this tableand doing the math right the indexing from 2000 would make the exemption about 1.3 million. The bill will also attack family limited partnerships and GRATs.  Assets other than business assets in a family limited partnership would be considered to be directly transferred.  Minority discounts will be disallowed.  GRATs will not be able to have a 0 remainder value and will have to run 10 years.  For those of you with dynastic plans the GST exemption will only be good for 90 years.
The political calculus in this is interesting.  The Tea Party did a great job of grabbing populist sensibilities and distrust of the establishment from an anti-tax perspective.  Occupy Wall Street has changed that equation.  Mother Jones might project that Congress is aligned with the 1%, but they do that by noting that the average net worth of a congressperson is $912,000, which is less than $1,000,000.  Would they really have that much trouble throwing minority discounts for family limited partnerships under the bus ?
The bill would be effective December 31, 2011.  Remember if nothing is done by Congress in the next year the exemption rolls back to $1,000,000 at the the end of 2012.  Now may be the time to act.