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As you know, I didn't say nobody owns anything. I specifically listed some things that can be owned in the moral sense. And, of course, in the legal sense I'm not questioning that the deceased owned the property prior to death. So, why offer a disingenuous argument like that?It's disingenuous to say nobody owns the property, because the owner is dead, when you've already said that you believe nobody owns anything, anyway.
It isn't. If nobody owns the property, it can't be confiscated. It's effectively abandoned property. If the dead person wants to claim it, he's welcome to show up and make his pitch for it. But until the dead return to life, it's property that has no owner. The question is merely who we will give that abandoned property to.Yes, it is a confiscation scheme.
The 40% is entirely arbitrary....
True, and that's part of my discomfort. Why such a very low tax rate? Wouldn't it be better to do a simple 50/50 split between the designated heirs and the rest of us? Or maybe a 80% tax, such that it represents a more modest "discount" -- it's not uncommon to find 20% discounts in commercial contexts, after all, whereas a 60% discount is a rare exception.
But the 40% tax level appealed to me in part because even when it comes to the very biggest estates (where the exemption would be negligible), that would put the heirs to family businesses in a position where a competently managed business should create income equal to that amount in approximately two years (based on a 20% ROI on the undiscounted value of the business).
So, I think of it as the "utter imbecile threshold" -- the level at which a person would have to almost be trying to be such a blundering asshat as to fail to keep the business afloat in the face of such a radically modest tax bill.
Upon reflection, that's really much to gentle of treatment for those heirs, who after all will tend to have had all sorts of advantages in life that most can only dream of. Even before that gigantic windfall came their way, they will usually have been given a giant leg up on the competition. They will ordinarily have gone to great schools, for instance, and have had opportunities to develop professionally in a way only the boss's kid is likely to see early in a career. So, if even after all of that advantageous prep, they can't make a go of a business at, say, a 20% discount, rather than a 60% discount, I shouldn't care if they fail, right? If their competitors can make a go of it at 100% of the cost, and they can't at 80%, why should I have a problem with that result?
But call me an old softy. I'm setting the tax so incredibly low, at just 40%, to try to give them every change to figure it out.
The entire property has been abandoned, so there is no seizure. I'm simply saying that if we wanted, we could convey it to the public generally, rather than to a designated heir (or, for the intestate, some individual or individuals we have made default heirs)., and you note that yourself when you say that your premise includes that the entire property could be seized.