[Congressional Record Volume 162, Number 57 (Thursday, April 14, 2016)]
[Senate]
[Pages S2100-S2101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. COONS (for himself, Mr. King, and Mr. Portman):
S. 2800. A bill to amend the Internal Revenue Code of 1986 and the
Higher Education Act of 1965 to provide an exclusion from income for
student loan forgiveness for students who have died or become disabled;
to the Committee on Finance.
Mr. KING. Mr. President, I rise today to speak about a bill that I am
introducing today, along with Senator Coons and Senator Portman, called
the Stop Taxing Death and Disability Act. It is a bill that responds to
a tragic and unintended and frankly unsupportable policy--an
inadvertent policy, I believe--of our government. Senator Coons has
been a great leader on this, and I also wish to express my appreciation
to Senator Portman for joining.
Not long after I was elected, I was contacted by Donald and Nora
Brennen, a couple from Topsham, ME, which is just across the river from
my hometown of Brunswick. They are both retired Navy veterans, and they
experienced a tragedy in their lives that has inadvertently entangled
them with the Internal Revenue Service in a way that I think makes no
sense.
Their son Keegan had graduated cum laude from the New Hampshire
Institute of Art. He had taken on Federal and private loans in order to
enable himself to get his education. He had a bright future.
Unfortunately, barely 6 months after he graduated, he passed away
suddenly from a non-traumatic brain aneurysm--a tragic loss which I
think any of us as parents can only dimly appreciate or understand or
empathize with. It is so unthinkable to lose a child in this way that
it is just hard to conceive of.
The Federal Government has recognized this kind of situation and
forgives the student loan indebtedness of students who pass away in
this situation. The Federal Government gets that part right. Congress
has already directed the Department of Education to forgive outstanding
balances for borrowers who pass away, as well as those funds borrowed
by parents on behalf of a child who passes away. The same forgiveness
provision, by the way, is also permitted for borrowers who suffer total
and permanent disabilities that are certified by the Social Security
Administration and the Department of Veterans Affairs. So far, so good.
While the Federal Government solved that part of the problem, it
inadvertently created another by recognizing that the Tax Code
generally treats forgiven student debt as income in the year it is
discharged. Because of this, this family in Maine who lost their son
was suddenly--overnight--faced with a $24,000 tax bill and a $6,000 tax
bill from the State of Maine because of its conformance with the
Federal law.
In other words, you lose a child. The loans are forgiven, but the
forgiveness is treated as taxable income, and suddenly, in the midst of
your grief, you are faced with paying an enormous--one big tax bill on
the entire amount of the loan being forgiven.
In this case, the Brennens couldn't possibly pay this in one
instance, and it makes no sense from the point of view of policy. It is
the opposite of compassion. It is literally adding insult to tragic
injury.
Since 2012 when they lost their son, the Brennens have struggled to
make ends meet. They had to go into their 401(k). They had to make some
kind of arrangement with the IRS, and now they are in the process of
paying this enormous tax off.
This family in Maine is not alone in facing this burden. My office
has heard from other constituents in our State,
[[Page S2101]]
and our research indicates that there are at least several thousand
across the country who are facing a tax bill in the midst of the most
tragic and difficult circumstances. This just isn't right. It is
something we should fix.
As I said, the Department of Education does have it right, and they
are working on this, but until this unresolved tax issue is resolved,
they can't move forward with an efficient way to provide these
discharges.
The bill we are introducing today with Senator Coons and Senator
Portman, the Stop Taxing Death and Disability Act, is a commonsense,
compassionate, and sensible response to this tragic event. If we are
going to forgive the student loan debt, which makes total sense and has
been the law for some time, to then turn around and say that loan
forgiveness is itself taxable--so in the midst of your grief, you are
presented with a massive tax bill--just isn't right. It is not fair, it
is not right, it is not compassionate, and it isn't consistent with the
earlier decision that has been made to discharge these loans under
these tragic circumstances. I think it is time for Congress to add the
death and disability exemption to the Tax Code.
I thank Don and Nora Brennen for sharing this story with me--it can't
be an easy story to share--and for their service to this country in the
U.S. Navy and their commitment to doing the right thing for their
family.
I hope and believe we can find it in our wisdom here and in our
hearts to act on this bill to be sure that other families in America in
the midst of their grief do not have to face this tragic situation.
Again, I thank Senator Coons and Senator Portman for joining me in
this bipartisan effort to right a wrong, to correct a mistake, to act
in the best principles of this institution, to act on behalf of this
small group but important group who suffered loss, to act to relieve
this burden that should never have been in place in the first place.
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