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Senate Votes on 08-S050
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Vote number 08-S050 raising the Death Tax exemption to $5M from $1M
on Feb 13, 2008 regarding bill S.Amdt.4191 to S.Con.Res.70 Kyl Amendment
Results: Amendment rejected, 50-50

CONGRESSIONAL SUMMARY:To protect small businesses, family ranches and farms from the Death Tax by providing a $5 million exemption, a low rate for smaller estates and a maximum rate no higher than 35%.

SUPPORTER'S ARGUMENT FOR VOTING YES:Sen. KYL: This amendment is a reprise of what we did last year in offering to reform the estate tax, sometimes referred to as the death tax. Now, in the budget itself, there is a provision to allow the death tax to be changed from the current law to a top rate of 45% and an exempted amount of $3.5 million, and there are some other features. My amendment would reduce that top rate to no higher than 35% so that if you had more than one rate, at least the top rate could not exceed 35%, and both of the two spouses would have a $5 million exempted amount before the estate tax would kick in. Now, the reason for my amendment is: current law [is] getting up to a high rate of 55% and an exempted amount of either $2 million or $1 million, probably $1 million--a continued unfair burden on primarily America's small businesses and farms.

OPPONENT'S ARGUMENT FOR VOTING NO:Sen. CONRAD: This amendment would virtually eliminate the estate tax. Let me say why. Let me first say there is no death tax in the country. Of course, if you poll people and you ask them: Do you want to eliminate the death tax? they will say sure. But you are not going to pay any tax when you die unless you have $2 million. There is no death tax in America. There is a tax on estates. At today's level of $2 million, that affects only 0.5% of estates. When the exemption reaches $3.5 million in 2009, 0.2% of estates will be taxed. If the amendment is agreed to, we would be borrowing money in the name of 99.8% of the American people, borrowing primarily from China & Japan, to give it to the Warren Buffets, the Paris Hiltons, & others of enormous wealth in this country.

LEGISLATIVE OUTCOME:Amendment rejected, 50-50

Categorized under Tax Reform

Voting NO counts for 2 points on VoteMatch question 11:
Make taxes more progressive;
Voting YES counts for -2 points on VoteMatch question 11.


Democrats voting on 08-S050

Max Baucus NOMT Democratic Sr Senator
Barbara Boxer NOCA Democratic Jr Senator
Sherrod Brown NOOH Democratic Sr Senator
Robert Byrd NOWV Former Democratic Senator
Maria Cantwell NOWA Democratic Jr Senator
Benjamin Cardin NOMD Democratic Jr Senator, previously Representative
Tom Carper NODE Democratic Sr Senator
Bob Casey NOPA Democratic Sr Senator; previously state treasurer
Hillary Clinton NONY Former Democratic Senator (NY); now Secretary of State
Richard Durbin NOIL Democratic Sr Senator
Russell Feingold NOWI Former Democratic Senator
Dianne Feinstein NOCA Democratic Sr Senator
Tom Harkin NOIA Democratic Jr Senator
Daniel Inouye NOHI Democratic Sr Senator
Tim Johnson NOSD Democratic Sr Senator
Ted Kennedy NOMA Former Democrat Senator (until 2009)
John Kerry NOMA Democratic Sr Senator
Amy Klobuchar NOMN Democrat/DFL Sr Senator
Mary Landrieu YESLA Democratic Sr Senator
Frank Lautenberg NONJ Democratic Sr Senator
Patrick Leahy NOVT Democratic Sr Senator
Carl Levin NOMI Democratic Sr Senator
Blanche Lambert Lincoln YESAR Former Democratic Senator
Claire McCaskill NOMO Democratic Sr Senator; previously state Auditor
Robert Menendez NONJ Democratic Jr Senator; previously Representative
Barbara Mikulski NOMD Democratic Sr Senator
Patty Murray NOWA Democratic Sr Senator
Ben Nelson NONE Democratic Sr Senator
Bill Nelson NOFL Democratic Sr Senator
Barack Obama NOIL Former Democratic Senator (until 2008)
Mark Pryor NOAR Democratic Sr Senator
Jack Reed NORI Democratic Sr Senator
Harry Reid NONV Democratic Sr Senator
John Rockefeller NOWV Democratic Sr Senator
Ken Salazar NOCO Former Democratic Senator (entered Cabinet, 2009)
Charles Schumer NONY Democratic Sr Senator
Arlen Specter YESPA Former Democratic incumbent (elected as Republican)
Debbie Stabenow NOMI Democratic Jr Senator
Jon Tester NOMT Democratic Jr Senator
Sheldon Whitehouse NORI Democratic Jr Senator, previously attorney general
Ron Wyden NOOR Democratic Sr Senator


Republicans voting on 08-S050

Lamar Alexander YESTN Republican Sr Senator
John Barrasso YESWY Republican Jr Senator
Robert Bennett YESUT Former Republican Senator
Richard Burr YESNC Republican Sr Senator; previously Representative
Saxby Chambliss YESGA Republican Sr Senator
Tom Coburn YESOK Republican Jr Senator; previously Representative
Thad Cochran YESMS Republican Sr Senator
Susan Collins YESME Republican Jr Senator
Bob Corker YESTN Republican Jr Senator
John Cornyn YESTX Republican Jr Senator
Michael Crapo YESID Republican Sr Senator
Jim DeMint YESSC Republican Jr Senator; previously Representative
John Ensign YESNV Republican Jr Senator
Michael Enzi YESWY Republican Sr Senator
Lindsey Graham YESSC Republican Sr Senator
Chuck Grassley YESIA Republican Sr Senator
Orrin Hatch YESUT Republican Sr Senator
James Inhofe YESOK Republican Sr Senator
Johnny Isakson YESGA Republican Jr Senator; previously Representative
Richard Lugar YESIN Republican Sr Senator
John McCain YESAZ Republican Sr Senator
Mitch McConnell YESKY Republican Sr Senator
Lisa Murkowski YESAK Republican Sr Senator
Pat Roberts YESKS Republican Sr Senator
Jeff Sessions YESAL Republican Sr Senator
Richard Shelby YESAL Republican Jr Senator
Olympia Snowe YESME Republican Sr Senator
John Thune YESSD Republican Jr Senator; previously Representative
David Vitter YESLA Republican Jr Senator; previously Representative
Roger Wicker YESMS Republican Jr Senator; previously Representative


Independents voting on 08-S050

Mel Martinez YESFL Former GOP Senator (resigned 2009); previously HUD Secy.
Bernie Sanders NOVT Independent Jr Senator, previously Representative



Total votes recorded by OnTheIssues:

Democrats: YES 3; NO 38
Republicans: YES 30; NO 0
Independents: YES 1; NO 1