Posts Tagged ‘taxes’
“He said that there was death and taxes, and taxes was worse, because at least death didn’t happen to you every year”*…
There are lots of questions that surround taxation: how much? on what? for what? Scott Galloway (@profgalloway) explores a couple of others: how efficient? how fair?
* Terry Pratchett
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As we ruminate on returns, we might recall that it was on this date in 1920 that the U.S. Supreme Court decided a case on the constitutionality of the income tax for the second and last time (so far). The Income tax had been authorized by the Sixteenth Amendment in 1913, and created later that year via the Revenue Act of 1913. In 1915 stockholders filed a brief in the U.S. Supreme Court, which arguing that the Sixteenth Amendment covers “many taxes other than on income”; in 1920, the Court affirmed the constitutionality of an income tax. Then came a second suit…
The United States Supreme Court last decided a federal income tax case on constitutional grounds in 1920, a century ago. The case was Eisner v. Macomber , and the issue was whether Congress had the power under the Sixteenth Amendment to include stock dividends in the tax base. The Court answered “no” because “income” in the Sixteenth Amendment meant “the gain derived from capital, from labor, or from both combined.” A stock dividend was not “income” because it did not increase the wealth of the shareholder.
Macomber was never formally overruled, and it is sometimes still cited by academics and practitioners for the proposition that the Constitution requires that income be “realized” to be subject to tax. However, in Glenshaw Glass , the Court held in the context of treble antitrust damages that the Macomber definition of income for constitutional purposes “was not meant to provide a touchstone to all future gross income questions” and that a better definition encompassed all “instances of undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.”
In the century that has passed since Macomber , the Court has never held that a federal income tax statute was unconstitutional. This behavior of the Court constitutes a remarkable example of American tax exceptionalism, because in most other countries income tax laws are subject to constitutional review and are frequently ruled unconstitutional…
Reuven Avi-Yonah, “Should U.S. Tax Law Be Constitutionalized? Centennial Reflections on Eisner v. Macomber (1920)“
“We don’t pay taxes. Only the little people pay taxes.”*…
Nine years ago, Republican lawmakers gutted the IRS’s budget, but didn’t relax its requirement to conduct random audits: in response, the IRS has shifted its focus from auditing rich people (who can afford fancy accountants to use dirty tricks to avoid paying taxes) to auditing poor people (who can’t afford professional help and might make minor mistakes filling in the highly technical and complex tax forms), until today, an IRS audit is just as likely to target low-income earner whose meager pay entitles them to a tax credit is as it is to target a filer from the top one percent of US earners.
Propublica pointed this out in an excellent tax-season report last April, and Senator Ron Wyden [D-OR] took up the issue with the IRS. Now, IRS Commissioner Charles Rettig has provided a report to Senator Wyden admitting that his agency targets poor people because they can’t afford to appeal the audits, making them cost-effective notches on the IRS’s bedpost.
Rettig’s report admits that auditing rich people would turn up more fraud and bring in more money for the US government, but says that he can’t afford to do so unless Congress restores the IRS’s funding. There’s bipartisan support for such a measure, but with Sen. Mitch McConnell blocking any Senate action, there may not be any more appropriations bills in 2019…
The sad story in full at “IRS admits it audits poor people because auditing rich people is too expensive.”
Pair with “The Rich Really Do Pay Lower Taxes Than You.”
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As we shake our heads, we might recall that it was on this date in 2011, a Saturday, that Weezer’s ex-bassist Mikey Welsh passed away. Two weeks earlier, on September 26th, he had tweeted “Dreamt I died in Chicago next weekend (heart attack in my sleep). Need to write my will today,” followed by “Correction – the weekend after next”. He died from a heart attack in his sleep. In a hotel room. In Chicago.
“The ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed, the world is ruled by little else”*…
President Trump [recently] announced that economist Arthur Laffer will receive the Presidential Medal of Freedom. Laffer is most famous for his “Laffer curve,” a graph that suggested that lowering tax rates might increase tax revenue. This graph had major political consequences, but made him more notorious than celebrated in the field of economics…
Economists tend to roll their eyes when the Laffer curve is mentioned. A panel of elite academic economists across the political spectrum found in 2012 that none of its respondents agreed that the United States was on the wrong side of the curve. Even George Stigler, a leader of the Chicago School of Economics who disliked taxes at least as much as Laffer, described the Laffer curve as “more or less a tautology.”
Yet the idea has been influential for more than 40 years. The Laffer curve did not begin as a formal economic theory, but as a simple depiction of the relationship between tax rates and government revenue. Legendarily, perhaps apocryphally, it was scribbled onto a napkin after dinner. [A recreation of the legendary napkin, created by Laffer for Donald Rumsfeld, who was at the dinner (with Dick Cheney) where it was supposed first sketched.]
The concept is simple enough. As tax rates increase, people’s incentives to work and make investments decrease because they make less money from them. Above some rate, taxes become so onerous that total revenue goes down because people aren’t as economically active as they would be in a world with lower taxes. The big question is what that rate — the tipping point on the Laffer curve — actually is.
Laffer may have named the curve, but the idea was not original to him. As proponents in the late 1970s liked to point out, the general idea dates to the Arab social theorist Ibn Khaldun, who wrote in the 14th century, “At the beginning of a dynasty, taxation yields a large revenue from small assessments. At the end of the dynasty, taxation yields a small revenue from large assessments.”
In less remote history, Andrew Mellon, Republican treasury secretary to three presidents, articulated a similar idea in 1924. And when Democrats advocated for the Revenue Act of 1964, which cut the top marginal rate from 91 to 70 percent, their bill made exactly the same arguments. Even Wilbur Mills, the fiscally conservative Democratic chair of the Ways and Means Committee, found himself claiming that the tax cut would “eventually lead to higher levels of economic activity and thereby increase, rather than decrease, revenue.”
Yet it was Laffer’s variant that caught the ear of Republicans in the late 1970s, just as they were shifting from a position as the party of balanced budgets to the party of tax cuts. Indeed, the Laffer curve was a way to say, “Why not both?” One influential ear Laffer caught was that of Wall Street Journal associate editor Jude Wanniski, who made the curve a centerpiece of his 1978 book, “The Way the World Works.”
Laffer and Wanniski had a champion in Congress as well, in former Buffalo Bills quarterback Jack Kemp. In April 1977, Kemp introduced a bill to cut income tax rates by 30 percent across the board. He started talking about the Laffer curve in October and over the next year mentioned it several more times in Congress.
But it was only with the June 1978 passage of California’s Proposition 13, which slashed property taxes, that the Laffer curve argument exploded into the mainstream. In this new atmosphere of “tax revolt,” the Laffer curve came up 128 times in the Congressional Record in less than four months…
The man who gave (what Will Rogers first called) trickle-down economics its own “curve,” who gave supply-side economics its graphic icon: “Trump is giving Arthur Laffer the Presidential Medal of Freedom. Economists aren’t smiling.”
For more on the “tyranny of curves,” see “Phillips, Laffer and Gatsby: on economists obsessing about curves.” And for more on the out-sized political, economic, and social impact of Laffer’s ideas, see “Starving the Beast- Ronald Reagan and the Tax Cut Revolution.”
* “The ideas of economists and political philosophers, both when they are right and when they are wrong are more powerful than is commonly understood. Indeed, the world is ruled by little else. Practical men, who believe themselves to be quite exempt from any intellectual influences, are usually slaves of some defunct economist.” -John Maynard Keynes
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As we grapple with graphs, we might spare a thought for a different kind of economist (and one whose impact was much more indisputably positive), Elizabeth Josephine Craig; she died on this date in 1980. A home economist and journalist, she published dozens of books, mostly cookbooks and volumes of home management advice. Craig started to cook when she was 6 and began collecting recipes at 12; she began publishing cookbooks after World War I and continued to publish until her death. Her contribution to English culinary literature comprises a very large collection of traditional British recipes, but also included a considerable number of dishes from other countries, which she gathered during visits abroad (often with her war correspondent husband).
One-upping Gordon Gekko…
“The injunction of Jesus to love others as ourselves is an endorsement of self-interest,” Goldman’s Griffiths said Oct. 20, his voice echoing around the gold-mosaic walls of St. Paul’s Cathedral, whose 365-feet-high dome towers over the City, London’s financial district. “We have to tolerate the inequality as a way to achieving greater prosperity and opportunity for all.”
-via Profit `Not Satanic,’ Barclays Says, After Goldman Invokes Jesus – Bloomberg.com.
The ever-incisive Matt Taibbi ponders this pontification: “I didn’t believe this story was true at first — thought it had to be a spoof. But it turns out to be true. The great banks of the world have gone on a p.r. counteroffensive in Europe, and are sending spokescrooks in shiny suits into churches to persuade the masses that Christ would have approved of the latest round of obscene bonuses.”
Taibbi’s piece, which explores how it is that someone could reach this kind of conclusion (spoiler alert: it’s to do with a self-interested understanding of “free market” ideology) is well worth reading in full. Here, let me just reprise his all-too-apt conclusion:
There are lots of different varieties of evil in the world. On the extreme end of the spectrum you’ve probably got your Ted Bundy-at-Lake-Sammamish brand of evil, torturers and such, people who actually take pleasure in the suffering of others. You look at people like that and they defy rational explanation; you have to just chalk that up to the universe basically being a horrifying place where there’s either no God at at all or a God who’s just incompetent and/or explaining himself really, really badly.
On the other end of the spectrum, not nearly as evil comparably but still pretty bad, are people like this clown from Goldman. They lie to themselves and think up elaborate reasons to do the bad acts they were already hoping to do anyway. Some day, when historians finish peeling back all the different onion-layers of this financial disaster we’re living out right now, they’re going to find at the heart of it all this social Darwinist mantra wherein a very small group of overeducated twerps agreed to believe that stealing every last dime they could get their hands on was something other than what it looks and sounds like to the rest of us. That protective delusion was the first of the many luxuries they bought with all the money they stole, and see if it isn’t the last they agree to give up. What a bunch of assholes!
By way of context, research company TNS reports that “around half of American, British and German respondents reported that they would not be able to come up with $2,000 in 30 days from savings, borrowing, friends or family” if faced with an emergency… and then there’s the real poverty in the world that we can and must more aggressively address.
As we recover our composure, we might recall that it was on this date in 1789 that Benjamin Franklin remarked, in a letter to Jean-Baptiste Leroy, that “in this world nothing can be said to be certain, except death and taxes.” (In fact the first recorded utterance of that sentiment in English was by Daniel Defoe in The Political History of the Devil, 1726: “Things as certain as death and taxes, can be more firmly believed”… before that [pace Goldman] there was Jesus: “render unto Caesar…” One wonders what the front-runners and mortgage pushers at the top of the financial heap will make of that…)
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