“Defying The Laws Of Political Reality”: No Dirty Politics In IRS Investigations Of Tea Party
The conservative blogosphere is all-atwitter this afternoon over the revelation that the Internal Revenue Service targeted various Tea Party groups in the days leading up to the presidential election of 2012.
Sadly for the critics of the president, things are not always as they initially appear to be and the effort to paint the improper IRS activity as a White House directed political dirty trick is unlikely to gain the traction opponents would like to see catch fire.
Keep in mind that the kerfuffle does not involve the targeting of groups for audits seeking evidence of a failure to pay taxes. Rather, the problem involved the IRS’s review of applications filed by the various entities seeking tax-exempt status under the law.
At the time in question, many newly formed political organizations were seeking IRS certification that would allow them to avoid paying taxes on funds raised—the overwhelming majority of these organizations being Tea Party related groups. As the IRS believed that many of those filing for exemptions were stretching the limits of qualification, some low-level staffers at the agency’s Cincinnati, Ohio office decided to target for closer review those organizations with “Tea Party” sounding names, such as “patriot” and, of course, “Tea Party”. In the effort to dig deeper to determine if these groups qualified, the agency people involved asked many of the filing organizations to disclose names of those who had made contributions along with other data they deemed necessary to determine if the group qualified for tax free status.
The problem is that the agents involved were not randomly conducting these checks on all the political organizations seeking tax free status and were specifically targeting the Tea Party related groups.
This was, clearly, improper activity which is why the IRS issued today’s apology.
What’s that you say? You still don’t believe that the White House was not involved in this?
That’s what I thought.
Maybe then, it will interest you to know that there are only two officials at the IRS that are political appointments—the commissioner (who is the boss) and the chief legal counsel. And while you may be thinking that it would be a piece of cake for the White House to place a call to the Commissioner and nudge him into putting a little heat on Tea Party groups so that they would be kept busy defending themselves from government annoyance rather than putting their energies into defeating the President, it would not have been quite so simple a task for the White House to accomplish.
Why?
Because the Commissioner of the Internal Revenue Service during the period in question was Douglas Shulman, a political appointee of President George W. Bush.
In fact, not only was Commissioner Shulman a Bush appointee, he would certainly have had no motivation to do the political bidding of a Democrat president considering that Mr. Shulman had already announced prior to the election that he would be stepping down from his post in November.
If you imagine that the President’s staff had the ability to go around the top political appointee at the IRS and attempt to influence the civil servants who work at the agency, consider how many levels of civil servants the White House staff would have had to persuade to do their bidding given that those who pursued the policy were well down the totem-pole of seniority, working away at the Cincinnati office.
Indeed, to suggest that the White House could get career civil servants to do its political dirty work would truly defy the laws of political reality.
If you doubt this—and you are someone who believes that the State Department behaved improperly in the Benghazi matter—consider the inability of State to direct the three highly placed State Department civil servants who testified before Congress this week to do as the politicians asked. This should give you some indication as to just how impossible it is for elected or politically appointment officials to get government civil servants to participate in their political schemes—let alone keep it all a secret heading into a presidential election.
Of course, all the obvious and logical explanations in the world for what really happened here will prove insufficient when it comes to persuading some Tea Party groups that this was not the work of the White House.
As proof of what we can expect, check out what Tea Party Patriots co-founder Jenny Beth Martin had to say when calling for President Obama to personally apologize—
“It is suspicious that the activity of these ‘low-level workers’ was unknown to IRS leadership at the time it occurred. President Obama must also apologize for his administration ignoring repeated complaints by these broad grassroots organizations of harassment by the IRS in 2012, and make concrete and transparent steps today to ensure this never happens again.”
Clearly, Ms. Martin has very little grasp on how widespread the activities of the IRS are if she imagines that, in the big picture, the relatively small number of reviews of Tea Party related applications in the Cincinnati office was going to somehow capture the attention of the IRS Commissioner…who happens to be a Republican appointee.
One wonders if Ms. Martin’s indignation has anything to do with the fact that she and her husband were indebted to the IRS in the amount of over half a million dollars when they filed bankruptcy in 2008? Maybe it is Ms. Martin who owes the apology?
Still, the opportunity to make some political hay over the error will likely prove irresistible to the GOP.
So, let the Congressional hearings commence! I can’t wait to see Darrell Issa’s movie-style poster hyping these hearings as he did in this one posted to his Twitter site to get us jazzed about his Benghazi hearings—http://b-i.forbesimg.com/rickungar/files/2013/05/issamay6.jpg
Maybe this time he’ll spring for full-color art
By: Rick Ungar, Op-Ed Contributor, Forbes, May 10, 2013
It’s Not About Job Creation Stupid!: I Am A Job Creator Who Creates No Jobs
I am a job creator.
I am not a job creator in the sense that I actually create jobs. I have never knowingly created a job, and my long-term business plan, approved unanimously by my board of directors, does not call for the creation of a single one.
But I am a job creator in the sense Republicans mean when they say “don’t tax our job creators more” (House budget committee Chairman Paul Ryan) or “we cannot increase taxes on the job creators” (House Speaker John A. Boehner). This is because, in the eyes of the government, I am a small business — and, as the House Republicans liketosay, “small businesses are the job creators.”
Like the overwhelming majority of small businesses, I am a one-man operation. And, like most small businesses, I would not hire anybody even if the government dropped my tax rate to zero.
According to Small Business Administration statistics, based on 2009 Census data, 21.1 million of the 27 million small businesses in the United States are “non-employer firms,” which have no workers other than the owner. Of those, 18.7 million are “sole proprietors,” 950,000 are partnerships and 1.4 million are corporations, like me.
When lawmakers talk about small businesses as the engine of growth, they bring to mind entrepreneurs building start-ups from their garages. But when officials talk about protecting the “job creators” from tax hikes, they are mostly protecting a bunch of doctors, lawyers, freelancers, contractors and the like.
On the advice of my accountants, I formed a “C corporation,” which means that, as a legal entity, I am pretty much the same as General Motors and Google. But I run a lean operation. While my business, Ink-Stained Inc., produces the occasional book, TV appearance and speech, it is probably not going to win any best-practices awards.
Disagreement is rare during board meetings at Ink-Stained Inc. world headquarters (my house), because I am the chairman, chief executive, president, treasurer, secretary, chief technology officer and mail-room clerk. Occasionally board members complain about environmental regulations, not because these regulations affect us but because that is what we have heard corporations are supposed to do.
We administer a modest pension plan for our sole employee, and we reimburse a few health-care expenses. We have big, professional-looking checks, and we attempt to keep our accounts balanced, although our chief financial officer (also me) is a lagging performer. We once considered hiring our wife as a consultant to help us organize our finances, but the HR department was unable to come to terms with her. We have so far repelled all attempts at unionization.
I should add that I am in no danger of being caught in the net of President Obama’s proposed millionaires’ tax. I pay the accountants a few thousand dollars, and they make sure I am not paying more in taxes than I should be. (Note to the IRS: They do this in ways that are conservative, entirely above-board and so innocuous that they should not attract your interest in the slightest.)
While there is something absurd about being a one-man corporation, it’s a rational response to an irrational tax code. If lawmakers got serious about tax reform that removed loopholes, the money spent on accountants and actuaries (valuable though they are) could instead be used to grow the economy or to pay the federal debt. But that’s a matter for another day.
At the moment, the Ink-Stained Inc. case study, should the Harvard Business School wish to study it, is a reminder to be skeptical of the “job creator” argument in the tax debate. “It’s a good example of the murkiness of what we mean by small business and the connection to jobs,” William Gale, co-director of the Urban Institute and Brookings Institution’s Tax Policy Center, told me. “There’s sort of this notion of small-business innovation and job creation that just doesn’t necessarily hold.”
That’s even more so with Obama’s “Buffett Rule,” under which millionaires would have to pay a higher tax rate than a typical middle-class worker. As a practical matter, most already do. Gale said the rule would raise the taxes on only a few thousand people, perhaps as few as 1,000.
In a nation of more than 300 million, that’s not going to make a dent in job creation. Even the data analysts at Ink-Stained Inc. could figure out that one — that is, if we had any data analysts.
By: Dana Milbank, Opinion Writer, The Washington Post, September 21, 2011
Modern Snake Oil: “We Have No Revenue Problem”
OK, this is the day everyone hates. You have to pay your taxes. Who wants to write that check? Nobody, probably.
The truth, however, is that Rep. Paul Ryan, the Tea Party, and most politicians are not being honest when they tell us there is no revenue problem, only a spending problem.
The Associated Press reports today that an IRS analysis tells us that 45 percent of Americans will pay no federal income taxes for 2010. Plus, the 400 Americans with the highest adjusted gross incomes averaged $345 million for the year. Their average federal income tax rate was 17 percent, down from 26 percent in 1992. Wow, and they need another tax break?!
This confirms the Warren Buffett line that his secretary pays a higher percentage of her income in taxes than he does.
But here is our problem: We cannot come close to dealing with this deficit unless we both cut spending and raise revenue. We certainly won’t accomplish anything unless we deal with the tax problem and reform our tax code.
I firmly believe that every American who works or gets income should pay something in federal taxes. Even if it is a small amount. This by itself won’t do much to dent the deficit, but it would be important as a symbol that everyone is in this together. Second, and most important, the gap between rich and poor and the middle class is widening in this country. Those who earn over a million dollars did not deserve an average tax cut of $120,000 under George Bush; they certainly don’t need that raised to $200,000 under the Ryan plan.
We need to recognize that the richest 2 percent of Americans should pay more, but we also need to make this tax system make sense. How can you have a society where nearly half the income earners pay no income taxes, due to deductions, loopholes, and special deals?
I am not arguing that struggling families should be hit with a whooping tax bill, but, rather, that our politicians should be honest with the American people. If you are fighting two wars, you have to pay for them. If you have to save the car companies and our financial institutions, you have to pay, at least initially. If you are going to provide Medicare, Medicaid, Social Security, education, bridges, roads, and air traffic controllers, for that matter, you have to have the revenue.
It is just plain dishonest to put forth a budget and a plan that says “we have no revenue problem.” That is modern snake oil. It is time that we dealt with our tax problem, otherwise we won’t really be dealing with our deficit at all.
By: Peter Fenn, U.S. News and World Report, April 18, 2011
Courage Of Convictions: The Tax Collector And The Republican
Congressional Republicans constantly remind us that principle is more important than principal. They are willing to shrink government at all costs. The latest example comes from the new budget agreement that has an impact on the IRS and tax collections.
Tax collection is one of the IRS’s principle functions as we are all reminded this time of year. There are some who not only refuse to cheerfully pay what they owe but actively take steps to avoid paying taxes they owe. As a result, some IRS employees have as their main job, identifying those people and taking steps to encourage them to pay what they owe.
In 2006, Republicans in Congress came up with a whole new approach that provided employment to the non-governmental sector, a group that is always favored by Republicans. (That is because Republicans know that those who work for the government tend to be lazy and inefficient whereas those in the private sector are hard working and productive. That is, of course, something of a generalization, since occasionally someone in the private sector will disappoint and prove to be lazy and/or unproductive.)
Because of the Republican belief in the virtues of the private sector (which is almost as fervent as its belief that in taking funds from programs for children and the poor it is doing God’s work), in August of 2006 it was announced that within a couple of weeks the IRS would turn over to private collection agencies 12,500 delinquent tax accounts of $25,000 or less. According to the New York Times, this new way of collecting taxes was thought up and put in place by the Bush administration. The plan had, like many plans do, an upside and a downside.
The upside was that the debt collectors were part of the private sector. Under the private debt collection system the collectors would collect $1.4 billion each year of which they could keep $330 million, thus lining the private sectors’ pockets by that amount instead of having it go into a government pocket where it would, in all likelihood, get lost. Although that seems like a win-win, in 2002 Charles Rossotti, the Commissioner of Internal Revenue, had told Congress that if it hired additional IRS employees to handle collections, it could collect more than $9 billion each year at a cost of only $296 million, considerably less than the cost if the same work was done by private collection agencies. That came out to a cost of $.03 per dollar collected. According to the NYT, his testimony was correct but Congress didn’t want to swell the size of government by authorizing the hiring of additional personnel for the IRS. Charles Everson, IRS Commissioner in 2006, when the private debt collection program was implemented, agreed with Mr. Rossotti and said it was more efficient to hire more IRS personnel but Congress would not appropriate the funds it needed to do that. Congress’s reluctance is a perfectly sensible approach since if you want to shrink government you have to make sacrifices and in this case, the sacrifice is increased revenue.
In 2008 Democrats took control of both houses of Congress and in March of 2009 it was announced that the IRS had determined that IRS employees could do collection work more efficiently than the private debt collectors, just as Rossotti and Everson had said some years earlier, and there was no reason to continue the program. Senator Grassley, who was the top Republican on the Senate Finance Committee, was outraged. Ignoring the fact that the government would have more money if the IRS were responsible for collections, he said the IRS was caving in to “union-driven political pressure.” He would have rather seen the federal government lose money than take away business from the private sector. The last chapter in this saga, however, has not been written.
Now that the budget compromise had been reached here is one of the things that has happened. The White House had requested an increase in the IRS budget of approximately 9% which would have enabled the agency to hire an additional 5000 personnel. Many of those could have been used to collect taxes which would have helped reduce the deficit. Echoing what Messrs. Rossotti and Everson had said years earlier, Treasury Secretary, Tim Geithner, who testified before Congress in March, said: “Every dollar invested in IRS yields nearly five dollars in increased revenue from non-compliant taxpayers.”
Republicans have refused to authorize the hiring of additional personnel at the IRS in order to collect taxes. A release from John Boehner’s office said increased funding for the IRS had been denied as part of the budget agreement. This shows that the Republican majority has the courage of its convictions. The rest of the country can enjoy the benefits of living off the fruits of its follies.
By: Christopher Brauchli, CommonDreams.org, April 16, 2011
The Cheaters and Their Banks: Taking The Battle To The Banks
The Obama administration is rightly keeping the pressure on tax cheats and the bank executives who help them by stashing their money in secret accounts overseas. Now we would like to see the Internal Revenue Service and the Justice Department take the battle to the banks themselves. That’s the only way of getting them to drop this lucrative and illegal business.
The Justice Department has charged five bankers with helping wealthy Americans conceal their assets from American authorities. A former employee of Switzerland’s UBS who now works for rival Credit Suisse was arrested in January and accused of helping 100 to 150 Americans hide as much as $500 million from tax authorities.
A few weeks later, three former employees and one current banker at Credit Suisse were indicted for helping 17 Americans conceal assets in accounts at the bank and then helping them move the stash to other banks in Switzerland, Hong Kong and Israel once it was clear American authorities were on the trail of tax evaders at big Swiss banks.
This is a promising route both to recover unpaid taxes and to deter other Americans from trying to evade the I.R.S. this way. So far, however, the banks have faced no charges. The country-hopping by the Credit Suisse account holders in search of a safer hiding place suggests that cross-border tax evasion won’t be shut down until the institutions determine that secret offshore accounts are too risky a business.
The I.R.S.’s strategy gathered momentum when the agency went after UBS, which was caught sending bankers to the United States to offer tax evasion services and settled with the government. The bank paid a $780 million fine and exited the business. It promised to cooperate with the government and later revealed the names of some 5,000 American secret account holders. The case eventually led Switzerland to relax its bank secrecy laws and cooperate with American authorities.
Since then, some 20,000 Americans have disclosed their accounts to the I.R.S., taking advantage of programs that shielded them from prosecution in exchange for paying back taxes, interest and a substantial fine. UBS has since gotten out of the American cross-border banking business, as have Credit Suisse and other big Swiss banks. But there are still banks willing to open secret offshore accounts for wealthy Americans. It will take some more high-profile action against financial institutions to force them out of the racket.
By: The New York Times-Editorial, Opinion Page, March 13, 2011
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