House Reportedly Set to Vote on Estate Tax Bill Permanently Setting 2009 Levels

Dow Jones Newswires is reporting that the U.S. House of Representatives will vote during the week of November 30 on a bill recently introduced by Rep. Earl Pomeroy (D-N.D.) that would make permanent the 2009 estate tax rules.

Last Updated: 11/27/2009 2:22:22 PM

Dow Jones Newswires is reporting that the U.S. House of Representatives will vote during the week of November 30 on a bill recently introduced by Rep. Earl Pomeroy (D-N.D.) that would make permanent the 2009 estate tax rules.

The House vote will come Wednesday, November 2, “at the earliest,” according to Dow Jones. It is assumed that by “the House” the news service is referring to the House Ways and Means committee, to which the bill was referred when it was introduced November 19.

Pomeroy’s Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Act of 2009 (H.R. 4154), which is backed by the Obama administration, would set the exclusion amount at $3.5 million and freeze the estate and gift taxes rate at 45 percent. H.R. 4154 is Rep. Pomeroy’s second legislative initiative aimed at fixing the federal estate tax. H.R. 436, which he introduced in January 2009, would also extend the 2009 rules indefinitely but in addition would have a “far reaching effect on gift and estate tax valuation,” according to a paper by Jonathan Blattmachr and Scott Nammacher. Emory law school professor Jeffrey N. Pennell has reportedly said that “H.R. 436 is ‘garbage.’ It has been introduced in the last two Congressional sessions, has no other sponsors, and has gone absolutely nowhere.”

The new Pomeroy bill would cost $233 billion more than current law over the next 10 years. Dow Jones reports that “In addition, there are enough opponents of the Pomeroy bill to block action in the Senate.”

For the text of H.R. 4154, click here.

For a roundup of federal estate tax bills before Congress from the Future of the Estate Tax blog, click here.

mm About Leonard L. Shober

Leonard L. Shober has focused a quarter century on representing clients in their estates and tax matters. He began his legal career in an estate planning practice. However, his interest in taxes and estate planning led him to pursue a Master of Laws (LLM) from Temple which he completed in 1994. Len continued his estate and tax practice which ultimately led to a focus on the needs of the elderly and disabled. At Shober & Rock, Len focuses on elder law, tax and estate planning and estate and trust administration.

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