Reflections on the Estate Tax and Philanthropy: An Interview

With William Gates Sr.

by Jim Grote

Reprinted from the 2001 issue of Planned Giving Today. Copyright © 2001. All rights reserved.


William Gates Sr. is chairman and CEO of the Bill and Melinda Gates Foundation, the largest foundation in the world. Following three years of Army service in World War II, Mr. Gates obtained his bachelor’s and law degrees from the University of Washington (where he now sits on the Board of Regents). He is retired from Preston Gates & Ellis, one of Seattle’s leading law firms. Mr. Gates has served as trustee, officer and volunteer for more than two dozen Northwest organizations and is presently a member of the board of directors of the United Way of America. 

Recently he helped launch the “Call to Preserve the Estate Tax,” a petition sponsored by Responsible Wealth (a project of United for a Fair Economy). Responsible Wealth (www.responsiblewealth.org) brings the voices of people in the top 5 percent of income and/or wealth in the United States together to advocate for shared prosperity and more progressive taxes. To date, more than 1,000 wealthy individuals who will owe estate taxes have signed this petition along with more than 17,000 individuals who will not owe estate taxes.

The interview was conducted by Jim Grote, a member of PGT's Editorial Advisory Board.

Grote: What effect do you think the recent terrorist attack on the United States will have on philanthropy in this country?

Gates: Certainly the philanthropic response to the attack has been huge and gratifying. It seems certain that, by and large, it will be an "add-on" to the general philanthropic giving in the country this year. On the other hand, some of the traditional and regular philanthropic efforts may suffer some discount from dollars going into the September 11 Fund. It's difficult, if not impossible, to evaluate consequences like this at such an early date.

Grote:  How does the foundation plan to respond to this crisis?

Gates: Thus far we have given three $1 million gifts to three different funds. 

Grote: I’ve been reviewing some of your articles on the Responsible Wealth Web site (www.responsiblewealth.org). In one particular article you state that, “Ever since I heard that someone was trying to repeal the estate tax, I’ve been angry.” Your feelings have also been revealed in the petition you have been circulating among wealthy Americans. What is the current status of this initiative?

Gates: We’re in recess at the moment; everybody is trying to figure out what happens next. Of course, we now have this interceding situation of the diminished tax collections and the diminished economic forecast. All that stuff is kind of on center stage at the moment. Those of us with concerns specifically about the estate tax are gathering our resources and trying to figure out what to do next and when.

Grote: I take it you assume that the vanishing surplus is a sign that it was unwise to move toward cutting the estate tax?

Gates: That’s true, although the point I am most deeply concerned about is simply the repeal of the estate tax. I don’t particularly care to get into a discussion about whether the income tax modifications were or were not a wise thing in light of what’s happened, or under any circumstances. The income tax part of it is not what concerns me. My conviction has to do with what seems to me the importance and rectitude of having a substantial estate tax as a factor in our country’s revenues.

Grote: Would you speak more about that?

Gates: There is no argument about the fact that the country needs to impose taxes because it has to have revenue. I’m not in a discussion about how large those revenues should be. I’m in a discussion about what the ingredients of the revenue should be. I assume that there is some amount of tax that our government is going to collect from us all each year, as regular as the sun rises, and that part of that should be a tax on large estates.

Grote: There will always be many types of taxes and in your mind the estate tax is a fairer type of tax than certain other kinds of tax?

Gates: Yes, and there’s an inter-relationship, obviously. Whatever is not generated by an estate tax is going to be generated by some other kind of tax. On a comparative basis, it seems to me it would be very unfortunate to increase, for example, income taxes or employment taxes, in order to make up for a shortfall that occurs from repealing the estate tax.

Grote: “Death to the death tax” has become a kind of rallying cry for minority business and family farmers. Yet only a very small percentage of all estates are taxed. How do you explain this kind of populist outrage against a tax that affects so few people?

Gates: Well, I think the principal ingredient of that result is an enormously clever, long-term and persistent effort by those on the other side of this issue to create a public attitude. I credit it to an unbelievably successful public relations effort. The newspaper people have been highly organized, using the expression “death tax" and showing the poster children -- farmers or small business persons -- having lost a business or not being able to pass it along to their families because of the estate tax. The continuous pounding and presentation of those pieces of the case have been very effective. Unfortunately, those of us who feel otherwise never got on the field. I mean, the opposition was running up and down the field making touchdowns at will because there wasn’t anybody doing any tackling on the other side.

Grote: Besides the petition that Responsible Wealth is backing, are there other public relation efforts that are being planned to deal with this issue?

Gates: Well, I certainly think that there had better be. I mean, I’m not certain just what the game is going to be, but I think it is true that there is enough weight on the “don’t repeal” side of this argument that the measures that have been used by the repeal folks will be met. We’re not going to leave the field to them alone.

Grote: Critics of the estate tax argue that it undermines productivity by discouraging savings and increasing the cost of savings relative to consumption. How would you respond to that kind of argument?

Gates: I don’t think it’s true. I don’t think people who have to pay estate taxes save money because of the opportunity to pass it along to their heirs. Suppose there’s a 50 percent tax. Some wealthy guy gets up in the morning and says, “Well, some day the government is going to take away half of what I leave, so I don’t think I’ll work so hard today.” Now what kind of nonsense is that? They’ll still be getting out of bed, putting on their shoes and going to work. Even if there’s a 50 percent estate tax, I just don’t believe that’s the way human beings work in this country.

Grote: In the recent presidential campaign, George Bush accused Al Gore of believing that “all the money” belongs to the government and the government lets the citizens keep some of it. Bush maintains that “all the money” belongs to the people and taxation allows the government to keep some of it. Whose money is it? 

Gates: I wouldn’t approach this thing in terms of ownership. I don’t have any argument with people saying, “The instant before my death I own it all.” I don’t suggest for a moment that the U.S. government owns any part of it. That’s true on every April 15 as well. When I get up the morning of April 15, I own it all and by that afternoon I don’t own so much any more (laughter) because I sent a check to the Internal Revenue Service. All of us have debts. I think this characterization fits. It is not a matter of the government “proving” things; it is a matter of appropriate indebtedness for benefits received.

Grote: So, your argument, if I understand it, is not the quantity of taxation, whether there should be more or less. But if there is taxation, the estate tax is one of the fairer ways to tax people.

Gates: Precisely. It’s just a matter of the means you use to provide the revenues that the government has to have.

Grote: The estate tax is in this prolonged period of being repealed. It’s repealed in 2010 and then reinstated in 2011. There are a couple bills before Congress now to make the repeal permanent. What do you think is going to happen over the next 10 years? How will this all shake out?

Gates: I’m an optimist. I believe in the last analysis it will not be repealed. The current law is totally intolerable. This country cannot have a situation where a tax is repealed in one year and ten months later or whatever it’s reinstated at its original level. I don’t think there’s one person in the Congress who believes that this situation can survive. It’s nonsense.

Grote: You testified before the Senate Finance Committee that without an estate tax we would have an aristocracy of wealth that has nothing to do with merit.

Gates: It just seems self-evident that it’s a bad thing for the country for a number of really huge fortunes to go on and on. I mean we saw the examples in early European days. The aristocracies were not good ways to run those countries. To have that kind of thing develop in this country does not seem to me wise. I’m not here to say that I think the estate tax, even at the 55 percent level, makes a huge imposition on that. But between the tax and the fact that estates tend to be divided among multiple family members, that is a huge interruption of accumulating inherited wealth.

Grote: Do you think that the estate tax is a major motivator in people remembering charity in their estates?

Gates: It is a factor, but not a major one. Part of what it does is to start people thinking about charitable giving. There isn’t anyone with the kind of funds necessary to have an estate tax problem that will not talk to their lawyer, advisor or whoever without their advisor raising the question of charitable contributions.

Grote: So if it wasn’t for the estate tax, some wealthy people might not even look at the issue of charitable giving?

Gates: I think that’s possible. Nevertheless, what I really believe, Jim, is that the primary reason people make charitable bequests is charitable motivation.

Grote: Does the estate tax cause people to give more money to private nonprofit charities than they would otherwise?

Gates:  Well, I certainly have a huge affection for private, charitable operations and am pretty deeply involved in that.

Grote: You’re running the biggest one there is.

Gates: I don’t think that there’s the least question that sources, like private foundations, have flexibility, an ability to experiment, an independence of political process, that is very desirable for this country. If somebody proposed to me that every dollar of estates passing above the exemptions (whatever they may end up at) would go to private charities as distinguished from the government, that’s too far “over there” for me. Sure, it would interrupt the passage of these huge pools of wealth and all that sort of thing that I believe in. But I really do think that some part of a wealthy person’s net worth should be left at death to support the government.

Grote: Critics of the estate tax claim that the estate tax undermines the work ethic because people are motivated to provide for their children in the future. Proponents of the estate tax argue that inherited wealth undermines the work ethic. It’s a hotly debated issue. What are your opinions on the issue of the work ethic and inherited wealth?

Gates: Clearly I’m on the side that inheriting money is a negative in terms of the work ethic. I don’t think there is the slightest doubt about that. To a major extent, children and grandchildren who come into fortunes without ever having done anything to earn them are, by and large, not very productive members of our society.

Grote: So there could be a connection then between the effect of inherited wealth on the work ethic and Warren Buffett’s assertion that inherited wealth inhibits the working of the free market?

Gates: That is part of what he’s saying. The notion of a whole lot of people around who could own their own airplanes and their own islands and their own apartments on Park Avenue and have 15, 20 or even 30 people working for them, tending to their personal needs, is not very attractive to me.

Grote: Why has the Gates Foundation chosen global health and education as two of its primary missions?

Gates: Bill's willingness to stake very large amounts of money on the issue of global health seems to me to be a valuable characteristic of private philanthropy. In our case, for example, the big investment in vaccines is a huge bet. It’s possible that in some of those cases (I hope not all) a vaccine will not develop. In those cases, the foundation’s money will have been devoted to something that ends up with nothing. To my way of thinking this is part of the ideal of private philanthropy ─ to enable bets like that to be made, the kind of bets that are impossible for governments or others to make. 

Grote: So risk-taking really is as important to philanthropy as it is to business.

Gates: That’s true, Jim. But some of these things we are talking about entail risks at the level that no business could take. Again, the vaccine is the perfect example of that. Pharmaceutical companies cannot afford to spend billions of dollars developing a vaccine that is only needed in a country where nobody has any money.

This matter of risk-taking is a hole that is just tailor-made for philanthropists to step into. And to be honest with you, I haven’t put this at the top of the list of why I’m a firm believer in private philanthropy.

To a large extent, we are defined by our environment and the influences of growing up in a country like this. There isn’t any doubt that there are huge needs out there and people do respond to them. You drive by a busy intersection and stop at the stoplight and there’s a lady standing there with her big cardboard box with a sign on it that says she’s out of work, she’s pregnant and so forth, and people roll down the window and hand her five bucks. That happens in this country and it’s a response to a very human urge.

My word, if you could imagine a world without philanthropy, it would be devastating. There would be no art museums, no symphonies ... our universities would be struggling. It’s fundamental to the quality of life in this country, and of course the ability to be a philanthropist is a direct consequence of the environment created in this wonderful country of ours. It just seems to me so natural that people whose lives have been made easy, even abundant, from the good fortune of a variety of things, including the American way of life, that some part of what you’re enjoying should be used to lift up the position of others, to wipe out diseases, to improve education, to provide food for the hungry.

Grote: You clearly see private philanthropy as the “third sector,” after business and the government.

Gates: No question about it and, as everybody is beginning to appreciate, it’s very, very large.

Grote: Considering the audience you are speaking to here, planned giving officers, what advice would you have for them in attracting contributions from wealthy individuals?

Gates:  One thing is to explain carefully the tax consequences of planned gifts. The truth is, planned giving is just one piece of philanthropy. It is a marvelous way to carry out a philanthropic urge. I think it’s wonderful. I don’t know how to make you all more effective salespersons. It seems to me the case for it is so overwhelmingly attractive that if you have wealthy people who can’t hear it, then I don’t know what you’re going to do because the case is certainly there. I have nothing but the highest praise for what you folks are doing.
 

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