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Estate Tax and Oregon Assisted Suicide

January 4, 2010

By Kay Helbling, AIC, CPCU

In insurance it’s called a “moral hazard”. A moral hazard is the result of maximizing behavior. A person weighs the costs and benefits of an action and when benefits exceed costs, he takes the action. For example, if an accident costs the person $1000, but pays $2000, the person not only has no incentive to avoid the accident but may have an incentive to seek it out.

What has this got to do with assisted suicide? There could be “millions” in estate tax reasons why they relate. Estate taxes have long been referred to as the “death tax”, but 2010 may shine a whole new meaning on that term. Presently the estate tax is 45%. The estate tax will drop to 0% for just one year, 2010, and then return to the pre-Bush administration rate of 55% in 2011.

Opponents to the physician-assisted suicide laws have long felt there is a moral hazard to granting a person the right to chose when to die. Will the person make that choice merely because of their personal suffering, or are they going to feel obligated to do so to relieve their children of the need to care for them or because they are a financial burden. Add to the mix the possibility that by dying in 2010 they could become a financial “windfall” for their heirs and the risk of a “moral” hazard to the law rises.

If a person’s estate is deemed to be worth $3.5 million or more and they died before the end of 2009, their heirs would receive only about ½ of the value of that million dollar estate. The other half will be retained by the government. For example, if an estate has a value of $3.5 million, taxed at 45% in 2009, that leaves about $2 million for the heirs. In 2011, they will be taxed 55% leaving only about $1.6 million of the $3.5 million. But, if they should die in 2010, their heirs would have no estate tax and have access to the entire $3.5 million. (In 2011 the amount exempted from estate tax drops from $3.5 to $1 million, which will also affect a greater number of inheritances).

The Estate Tax has been seen as regressive, that is, affecting the families who have the least to lose. Those with multi-million dollar estates have the means to seek out advice to protect their estate from taxation. It is the small business owner, farmer, or parents who hope to pass along the value of home or assets saved over the years who find approximately half of the value of that estate is lost to the Estate Tax.

Some argue an estate tax should be done away with altogether. Some feel it should be reduced to 35% with the first $5 million exempted. This version has bipartisan support but may not reach the 60 votes necessary to pass the Senate. Plus, the Senate is presently tied up with health care legislation and other bills that have taken priority over the estate tax.

Presently, Oregon and Washington are the only states which allows physician assisted suicide–allowing a person to choose to die with medically prescribed drugs. In Oregon it is called the Death with Dignity Act and the choice is to be made only by persons “diagnosed with a terminal illness that will lead to death within six months.” There has been controversy in the application of the law.

A few years down the road, when folks take a look at both the estate tax and suicide rates it will make for an interesting study. Did the estate tax drop in 2010? Did the suicide rates peak? In statistics that is called an inverse correlation. In insurance it could be called a moral hazard.

Either way, as one elderly gentleman put it, with sardonic humor, “In 2010 I’m not going to linger too long at the top of any stairways”.

Kay Helbling was an insurance adjuster and executive for 15 years, a small business owner, and a teacher for ten.  But, her most fulfilling work has been as a mother of her two boys. She is now enjoying an empty nest with her best friend—her husband.

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Discuss this article

Bill Sizemore January 4, 2010

The government has no business taxing accumulated assets on which the owner has already paid income taxes. This form of double taxation is only designed to prevent families from accumulating wealth and passing it on to their children, in other words the estate tax is a government tool for redistributing wealth.

As a matter of principle, the state should in no wise benefit from the death of a citizen. But on a practical level, the effect of this tax has largely been to force family farms to be sold to corporate interests so the heirs could come up with the cash needed to pay the inheritance tax. This is an evil that we should end and this is also one of the reasons why I have always opposed doctor assisted suicide.

Death rates of the wealthy elderly in 2010 may further demonstrate that tax policies do affect human behavior, and in this case for the worse.

John Lofton, Recovering Republican January 7, 2010

FYI…might be interested in the radio show I did recently re: Dr.-Assisted Self-Murder in Montana;comments welcome.

John Lofton, Editor,

Communications Director, Institute on the Constitution

Host, “TheAmericanView” radio show

Recovering Republican

D Cochran January 13, 2010

Good point Kay – I agree that the gap is a problem and should be filled at a rate of 50% for 2010 to make sure life and death decisions are not based on economic incentives. Too bad your math is wrong though. In reality, the exclusion amount is $3.5M so your example is off. The inheritance would be $3.5M, $3.5M, and 2.125M for 09, 10, & 11 respectively.

Of course there is no such thing as a “death tax” as opponents of the estate tax like to call it. The dead never pay the tax. The beneficiaries pay the tax, and pay nothing till it exceeds the exclusion amount. I don’t have too much sympathy for those who inherit millions and have to pay high taxes on that amount when I have to pay taxes on my income earned from labor.

Clearly tax policies do affect human behavior, which is exactly why the tax rate should stay high on inheritance to disincentivize death and should stay low on labor for the opposite reason.

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