CONGRESSIONAL RECORD - SENATE
MARCH 14, 1961
PAGE 3853
COORDINATION OF FEDERAL AND STATE INHERITANCE, ESTATE, AND GIFT
TAXES
Mr. MUSKIE. Mr. President, I introduce, for appropriate reference, a bill to coordinate Federal
and State inheritance, estate, and gift taxes.
Similar legislation has been introduced in the House of Representatives. I ask unanimous consent
that the bill remain at the desk through Thursday, March 23, 196 1, to enable additional Senators
to give consideration to joining as cosponsors.
The VICE PRESIDENT. Without objection, it is so ordered.
Mr. MUSKIE. Mr. President, this proposed legislation was drafted as the result of the first report
to the President of the Advisory Commission on Intergovernmental Relations, of which I am a
member. It represents an effort to correct inequities and restore the effectiveness of the Federal
credit for inheritance and estate taxes paid to States. This credit provision was enacted by
Congress 35 years ago to safeguard the States' share of these revenues and to facilitate interstate
tax uniformity. These objectives have not been realized.
The bill which I have introduced would increase the Federal estate tax credit for taxes paid to
States so as to reserve for the States a relatively large proportion of the estate tax in the low tax
brackets and a small proportion in the middle and upper brackets. This will stabilize State
collections from these taxes and improve their distribution among the States. The new credit
would be available to the taxpayers only after their respective States simplified their tax laws and
adjusted their tax rates to avail themselves of the estate tax revenues to be relinquished by the
Federal Government.
Property bequests at death are now taxed by the Federal Government and by 49 States (all States
except Nevada). Gifts are taxed by the Federal Government and 12 States. This group of taxes
now contributes annually about $1.6 billion to Federal revenues and $400 million to State
revenues.
The proposed legislation could ultimately represent a loss of several hundred million dollars in
Federal revenues through relinquishing these revenues to the States. This loss of Federal
revenue, however, will not begin for several years because the States will have to be given time
to bring their tax laws into conformity.
The report which stimulated this proposal represents the unanimous recommendation of the
Advisory Commission on Intergovernmental Relations.
Under Public Law 86-380, the Commission has the responsibility of recommending methods of
coordinating and simplifying tax laws and administrative practices in order to achieve a more
orderly and less competitive fiscal relationship between the levels of government and reduce the
burdens of compliance for taxpayers.
The Commission selected this group of taxes for priority attention because of the long history of
agitation for legislative remedy by Governors, legislators, tax experts, and various national
organizations. The estate inheritance tax area is now characterized by tax overlapping and
complexity, heavy tax compliance burdens for taxpayers, occasional multiple taxation, and
relatively high administrative costs, out of all proportion to the small contributions these taxes
make to most States' revenues.
It is to remedy these inequities that I sponsor this proposed legislation. I hope other Senators will
join me in taking this practical step toward removing an important barrier to Federal-State
cooperation and strengthening the operation of Federal and State revenue systems.
I ask unanimous consent that the text of the bill be printed in the RECORD following my
remarks.
The VICE PRESIDENT. The bill will be received and appropriately referred; and, without
objection, the bill will be printed in the RECORD.
The bill (S. 1344) to amend the Internal Revenue Code of 1954 to provide an increase in the
amount for which a credit may be allowed against the Federal estate tax for estate taxes paid to
States, introduced by Mr. MUSKIE, was received, read twice by its title, referred to the
Committee on Finance, and ordered to be printed in the RECORD.
[ Bill text omitted]