Proposition Summary

GIFT AND INHERITANCE TAXES (Proponent Rogers). INITIATIVE STATUTE. Repeals existing statutes governing gift and inheritance taxes. Prohibits imposition of such taxes by state or local government. Reenacts state "pickup" tax on decedents' estates measured by maximum credit against federal estate taxes allowed by federal law and provides that combined estate tax liability to California and United States cannot exceed tax liability to United States for property located in California if state tax not imposed. Requires Legislature provide for collection and administration of this tax. See analysis of Legislative Analyst in Ballot Pamphlet for discussion of effective date of this measure. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Reduce state inheritance and gift tax revenues by about $130 million in 1982-83, by about $365 million in 1983-84, and by higher amounts thereafter. Save state approximately $6 million annually in administrative costs. Under existing law, reductions in state revenue would result in corresponding reductions in amount of fiscal relief provided by state to local governments and schools.

Proposition Number

6

Year

1982

Document Type

Proposition

Pass/Fail

Pass

Popular Vote Results

Y: 3300547; A: 64.4; N: 1838128; B: 35.6

Election Type

Primary

Proposition Type

Initiative statutory

Relevant Case

Rossi v. Brown: 9 Cal. 4th 688, 1995; Wilson v. Eu: 1 Cal. 4th 707, 1992; Yoshisato v. Superior Ct.: 3 Cal. App. 4th 1070, 1991; Kennedy Wholesale, Inc. v. Board of Equalization: 227 Cal. App. 3d 228, 1989; Estate of Circone: 189 Cal. App. 3d 1280, 1987; Estate of Circone: 153 Cal. App. 3d 199, 1984; Carlson v. Cory: 139 Cal. App. 3d 724, 1983; Estate of Gibson: 139 Cal. App. 3d 733, 1983; Estate of Martin: 153 Cal. App. 3d 199, 1984; Wilson v. Superior Ct. of Los Angeles County: 134 Cal. App. 3d 173, 1982

Code Sections Affected

Amended Cal. Rev. & Tax. Code sections 15101, et seq.

For Author

Don Rogers, Member of the Assembly, 33rd District; Alfred E. Alquist, State Senator, 11th District Chairman, Senate Finance Committee; Carol Hallett, Member of the Assembly, 29th District

Against Author

Kenni Friedman, President, League of Women Voters of California; Chris Adams, President, California State PTA; Thomas G. Moore, President, California Gray Panthers

Rebuttal Author

Kenni Friedman, President, League of Women Voters of California; Chris Adams, President, California State PTA; Thomas G. Moore, President, California Gray Panthers

Rebuttal Against Author

Don Rogers, Member of the Assembly, 33rd District; Alfred E. Alquist, State Senator, 11th District Chairman, Senate Finance Committee; Carol Hallett, Member of the Assembly, 29th District

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