Local Lawmakers Say They Will Override Estate Tax Veto

By Andrew Martel
The Winchester Star


Winchester-area legislators said Monday they will work to override Gov. Mark R. Warner’s veto of a bill repealing the estate tax, a tax the state imposes on the estates of millionaires when they die.

The measure passed with a veto-proof majority, but only narrowly in the House of Delegates and state Senate during the General Assembly session in January and February.

With 67 votes required in the House and 27 in the Senate to override a veto, the bill passed with 69 votes and 28, respectively.

Del. Clifford L. 'Clay' Athey, R-Front Royal, and Del. Beverly J. Sherwood, R-Frederick County, voted for the repeal in the House. Sen. H. Russell Potts Jr., R-Winchester, voted for it in the Senate.

Del. Joe T. May abstained from the vote, but said he supports repealing the tax.

'It’s the final act, and we should not be taxing the final act of someone’s life,' Potts said.

For many Frederick County farming and land-owning families, their estates are 'their 401(k)’s,' Potts added.

The repeal, Athey said, 'is giving the government too much power over families.'

'I think it’s a pretty simple issue for Frederick County,' Sherwood told the Winchester Star last month. “We’re not talking about the wealthy, and not just about farmers — small business owners can be affected too.”

In his news release announcing the repeal, Warner said he feels the tax cut, which will cost $211 million over the next two years, is fiscally irresponsible.

Athey said he believes Warner’s office may lobby two or three delegates and senators prior to veto session, to see if their votes can be changed.