As Benjamin Franklin famously said: “In this world nothing can be said to be certain, except death and taxes.” Well, I see his point, but don’t entirely agree. Let’s consider the estate tax – the poster child for what’s wrong with our federal tax code.

It’s misunderstood. The estate tax is a tax on the estates of very rich people. It’s been around for years. But most rich people can’t stand the estate tax. So they elect someone like George W. Bush to kill it. But since most of us don’t care about the problems of the very rich and their idle offspring, they fib about its effects and tell us it’s unfair. No it’s not; so, clam up and pay your fair share. Is it a transfer of wealth? You bet your boots. And that’s a good thing for several reasons.

It’s complicated. It’s one of the worst areas of the code when it comes to complexity – and that’s saying something. There are lawyers who dedicate their careers to unraveling its labyrinth complexity. So, it’s a transfer of wealth to lawyers, too. That’s probably not a good thing. But this could be fixed.

It’s uncertain. President Bush was in such a lather to get rid of the estate tax that he resorted to gimmicks – really stupid gimmicks. So, starting several years ago estate tax rates have been getting lower and lower and by the end of this year the estate tax goes away completely. The whole set up just disappears! Then in 2011 it comes back to where it was in 2001.

How’s that for nuts? So, if you’re in line for a big inheritance, you might want to tell Grandpa to get ready to kick the old bucket; timing may be everything. (I believe Dr. Kevorkian is back on call.)

But here’s the catch. Congress will never let the estate tax die. And according to a recent Tax Analysts report, what Congress will now do is extend the tax in its 2009 form for a year. This is also nuts. But it’s a trick Congress often uses because politicians think we are all too stupid to notice. They actually have a name for this trick; it’s called kicking the can down the road.

So, what’s certain about the estate tax right now is uncertain. Oh well, another truism bites the dust. One thing does remain certain: You can always count on the politicians to screw things up. Want more proof? Two words: health care.