
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: May 4, 2015
Of Counsel
732-568-8360 jmcdonough@sh-law.comA proposal to permanently repeal the federal estate tax has obtained approval in the U.S. House of Representatives, but there are many – including lawmakers, policy analysts and various kinds of experts – who have spoken their opinion on estate tax reform.
Opponents of abolishing the so-called death tax have contended that the policy hampers small businesses, giving them an unnecessary burden that can interfere with their ability to operate properly.
A perfect example of a lawmaker who has illustrated the cost of the federal estate tax is Rep. Kristi Noem, R-S.D., who explained that following her father’s death in a farming accident, her family needed to borrow money to pay off the estate tax burden, according to The Wall Street Journal.
“We owed [the government] money because we had a tragedy happen,” stated Noem, the media outlet reported. “It took us 10 years to pay off that loan.”
Reps. Kevin Brady, R-Texas, and Steve Scalise, R-LA., also criticized the estate tax in a USA Today column, asserting that the policy forces many families to sell their small business simply to appease the IRS.
While those who oppose repealing the death tax assert that eliminating the levy would benefit the wealthiest Americans, Brady and Scalise asserted that farmers, ranchers and entrepreneurs – who have their wealth stored in assets like property, real estate and capital equipment – would suffer. As for the super rich, many have asserted that these Americans can find countless ways to reduce their tax burdens.
Finally, the authors cited figures from nonpartisan think tank The Tax Foundation, which reveal that repealing the estate tax will result in the creation of 139,000 new jobs and also increase worker compensation.
Regardless of which arguments are circulated, many political observers have emphasized that President Barack Obama has been quite critical of any efforts to eliminate the federal estate tax, and has threatened to veto any legislation that would enact this change should it reach his desk. Before the bill gets to the leader of the free world, it would need to get past the Senate, where its reception is unclear.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!