Tuesday, October 18, 2011

Dying to Save Taxes: Evidence from Estate-Tax Returns on the Death Elasticity

by Wojciech Kopczuk and Joel Slemrod


On January 15, 2000, The New York Times reported that in the first week of the new millennium local hospitals had recorded an astonishing 50.8% more deaths than in the last week of 1999.1 The Times suggested that this phenom- enon was due to infirm people willing themselves to stay alive long enough to witness the dawning of the new age. Apparently, the anticipation of momentous events can mo- tivate people to live longer. 

This evidence raises the intriguing question of whether the timing of death responds to economic factors. Could the timing of death be, to some extent, a rational decision? Economists presume that the timing of other important events, such as childbearing or marriage, may be so affected- why not dying as well? 

In this paper we examine data from U.S. federal estate- tax returns to shed light on this question. We investigate the temporal pattern of deaths around the time of changes in the estate-tax system-periods when living longer (or dying sooner) could significantly affect estate-tax liability. These periods provide ideal natural experiments enabling us to test for the presence and strength of this particular kind of behavioral response to taxes.


There is a vast literature, briefly summarized in Auerbach and Slemrod (1997), concerning the impact of taxation on economic decisions ranging from labor supply to business organization to exercise of stock options. Slemrod (1990) characterized the magnitude of behavioral response as fit- ting a hierarchy, at the top of which, with the largest degree of responsiveness, lies the timing of transactions with re- spect to anticipated changes in the tax structure.2 The classic example, detailed in Burman, Clausing, and O'Hare (1994), is the increase in capital-gains realizations in 1986 in anticipation of increased taxation beginning the next year. Realizations increased from $167 billion in 1985 to $322 billion in 1986, only to fall back to $137 billion in 1987. Long-term capital-gains realizations of corporate stock in December of 1986 were nearly seven times their level in the same month of 1985. Other examples of large timing re- sponses include exercise of stock options (Goolsbee, 2000), charitable contributions (Burman and Randolph, 1994), and firms' shifting of taxable income through deferred income recognition and accelerated expense recognition (Scholes, Wilson, and Wolfson, 1992)