When President-elect Barack Obama was Candidate Obama on the campaign trail, there was talk of raising the tax level on long term capital gains from the current 15% to as high as 29% but soon became 25%. It has not been that high for quite some time.

Obama was challenged by this throughout the campaign and it was one of the questions he faced in the presidential debates. He had to answer a direct question as to why he would raise this particular tax in light of evidence that the reduced rate had benefited the government coffers and investors. He replied that he was interested in balancing the budget and fairness in the system, but that he would be weighing all of the issues under discussion and he might temper his opinion.

Well, as I recall, toward the end of the campaign he tempered his opinion all the way down to 20%.

Now what brings this to mind as we close out the year is that I have been reviewing 2008 with my accountant and making projections for the purpose of last minute adjustments I might need to consider. As we were discussing capital gains for 2008 we, like many of you reading this, discovered there would not be any. The losses outweighed the gains.

Then I started thinking about Obama wanting to raise the tax and realized he could raise the tax to 100% because this year and next many people may not be paying any due to their accumulated losses. As a matter of fact, in extreme cases some folks may not be paying any capital gains even if he is in office eight years.

Sheldon Liber is the CEO of a small private investment company and the principal for design and research at an architecture & planning firm. He writes the columns Chasing Value and Serious Money.