A Swing and a Miss on Tax Evasion

 

A quick item to share from the Boston Globe today about the lengths companies will go to avoid taxes. This one from Raytheon is really over the top:

The Waltham defense contractor [Raytheon] unsuccessfully tried to persuade a Massachusetts state tax board that because most of the company's work is done for the federal government, it should be exempt from paying state sales taxes on much of what it buys here - items as diverse as toilet paper, a juke box, and promotional gifts such as golf umbrellas, pins, and key chains.

The Globe article has an interesting narrative about the crazy state of tax policy in America when it explains how items purchased for resale are taxed - it details why Burger King has to pay tax on paper napkins but McDonald's doesn't have to pay tax on the toys included in happy meals. It is worth reading and will crystalize for you how insane it is that Raytheon thought they would get $700,000 - plus interest! - from the state of Massachusetts for snow plowing and office supplies.

This isn't the first time Raytheon has failed to win this exemption from MA. Seems like the Raytheon folks should stick to building missles and leave the tricky tax avoidance schemes to the experts.

(h/t Government Inc.)

(Adam Hughes* 08/29/08; 0 comments)

RFK, Jr. Helps Launch New Voter Protection Project

 

Robert F. Kennedy, Jr. has helped to launch NoVoterLeftBehind.net, a project of Democrats for America's Future (DAF). The site is designed to monitor voter registration and to monitor the voting process during the November 2008 election. The goal is to bring attention to any irregularities that occur and to urge "every Democratic candidate to pledge not to concede a single race until every last vote is counted."

"This is about more -- far more -- than who wins the next election, as important as that is. If we can't guarantee the citizens of a democracy that their votes will be counted, every other liberty we hold dear is at risk," said Kennedy in a letter he sent to Democrats across the county.

In the Press Release, Barbara Roberts, former Oregon Governor and Secretary of State, said "from the voter registration process to Election Day challenges and beyond -- DAF will fight every last fight to the very end, insisting that every American is guaranteed a democracy's most sacred right: their vote."

(Lateefah Williams* 08/29/08; 0 comments)

Forthcoming: EPI's The State of Working America, 2008/2009

 

The Economic Policy Institute has released the advanced version of The State of Working America, 2008/2009; full version will be available Jan. 2009.

Described as the "most comprehensive independent analysis of the U.S. labor market" by the Financial Times, the 11th edition shows that the business cycle that started in 2001 will be one for the record books....Prepared biennially since 1988, The State of Working America scrutinizes family incomes, jobs, wages, unemployment, wealth, poverty, and health care coverage, describing the economy's effect on our nation's standard of living.
Read select chapters here.(Craig Jennings 08/29/08; 0 comments)

The Executive Pay Pie: Extra Large Slices and Topped with Tax Subsidies

 

Staying with our current theme of taxes and corporate America, let me direct your attention toExecutive Excess 2008: How Average Taxpayers Subsidize Runaway Pay -- a report from Institute for Policy Studies and United for a Fair Economy.

On Wednesday, I wrote that even though it's wrong to simply state that two thirds of corporations do not pay corporate income taxes, heavy criticism can be leveled at the tax code because it's rigged such that a lot of profits escape taxation. This IPS/UFE report takes aim at tax laws that encourage stratospheric executive compensation while costing some $20 billion annually.

Estimated Annual Cost to Taxpayers of the Five Most Direct Tax Subsidies for Excessive Executive Pay
Preferential capital gains treatment of carried interest$2,661,000,000
Unlimited deferred compensation$80,600,000
Offshore deferred compensation$2,086,000,000
Unlimited tax deductibility of executive pay$5,249,475,000
Stock option accounting double standard$10,000,000,000
Total$20,077,075,000

The report notes that 30 years ago, the average American CEO was paid some 30 to 40 times that of the average American worker. In 2007, however, CEOs were compensated at a rate 344 times greater than that of the average worker. While the explosion in the pay gap has many causes, federal tax law has played role. And, aside from abetting obscene executive pay, the $20 billion in forgone revenue could be put to other uses.

All subsidies involve trade-offs. Each time we allow executives and their employers to avoid paying taxes they would otherwise owe, we reduce government's capacity to deliver needed services that taxpayers and their families would otherwise receive.

Tax subsidies for excessive executive pay represent a particularly indefensible waste of government resources. At the moment, no serious observer of the American scene is arguing that top business executives, as a group, earn too little in compensation. So why then should government, in any manner, be encouraging corporations and investment firms to pay their executives even more?

(Craig Jennings 08/29/08; 0 comments)

Attention Oregonians: Ballot Measure Could Silence the Voice of Charities

 

Defend Oregon reports that Measure 64 could lead to a loss in funding or severe penalties for Oregon charities. Measure 64 on the ballot in the November general election would prohibit public employees from using voluntary payroll deductions to donate to nonprofits, charities, unions, and other organizations of their choice.

It prohibits money collected with the use of public resources from being used for political purposes, except elections, official voter pamphlets and most lobbying. "Political purpose" is defined as: candidates, political committee or party, initiative or referendum committee, and supporting/opposing candidates or ballot measures (including signature gathering for petitions ).

(Amanda Adams* 08/28/08; 0 comments)

501(c)(4) Accused of Violating Campaign Finance Law With Ads Attacking Obama

 

A new group the American Issues Project (AIP) has been caught in controversy over an ad linking candidate Senator Barack Obama (D-IL) to former domestic terrorist William Ayers. As a 501(c)(4) organization it is allowed to air a political ad as long as the majority of its spending is nonpolitical, it cannot accept money from corporations, and it must identify the donors that finance its ads in reports to the Federal Election Commission (FEC). The ad however, is being considered by some to be a violation of election law.

The ad "Know Enough" has images of Obama and Ayers, with a narrator asking, "Why would Barack Obama be friends with someone who bombed the Capitol and is proud of it? Do you know enough to elect Barack Obama?"

Those who are calling the ad illegal consider it to clearly be express advocacy; the ad concerns an election, takes a position on the character and fitness for office of the candidate, and raises no legislative issue. The Ayers ad mentions Obama's name and uses the word "elect." According to the Supreme Court decision in FEC v. Wisconsin Right to Life, an ad can be regulated and considered express advocacy "only if the ad is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate."

In response, Obama's general counsel wrote letters to television stations, asserting that the Ayers ad is illegal and false, and that its airing is subject to a FEC penalty. The letter states that Obama never called Ayers "respectable" and "mainstream." In addition a letter was sent to the Department of Justice (DOJ) requesting an investigation into the group's activities for possible violations of campaign finance law.

According to a Politico story, a spokesman for AIP Christian Pinkston said, "This is a sad ploy to circumvent the First Amendment by a campaign who has no arguments with the merits of our ad. It's the classic maneuver: If you can't win on the merits, file a lawsuit."

AIP submitted an independent expenditure report that indicates the group is spending nearly $3 million on television ads attacking Obama.

(Amanda Adams* 08/28/08; 0 comments)

A Bridge for Sale: Contracting Problems Continue

 

I came in this morning to find my inbox (well, it was actually my Google RSS Reader, but saying inbox sounds better) deluged with more stories about contractor malfesence. A quick rundown for our BudgetBlog readers:

The Wall Street Journal reports that MVM Inc., one of the largests security contractors used by the U.S. intelligence community, has lost a huge CIA contract - worth up to $1 billion over five years. Apparently they were not providing enough armed security guards, which is strange because that was, you know, what they were contracted to do.

Robert O'Harrow Jr. writing at Government Inc. shares some fascinating facts about the use of contractors in the U.S. intelligence community, including the fact we are paying over $3 billion more each year on average for private contractors to carry out intelligence work than if we just hired more government workers. Shocker! (O'Harrow also highlighted a new Government Accountability Office report on August 15 that detailed the 400 percent (yes, I said 400 percent) markup on a contract to provide the next generation of radios for the Defense Department.)

And the darling of the contracting community KBR Inc., was back in the news today in the Washington Post, again not for a good reason. A Washington law firm has filled suit in a federal court in California alleging that KBR and one of its Jordanian subcontractors were trafficing Nepali workers. From the Post article:

Agnieszka Fryszman, a partner at Cohen, Milstein, Hausfeld & Toll, said 13 Nepali men, between the ages of 18 and 27, were recruited in Nepal to work as kitchen staff in hotels and restaurants in Amman, Jordan. But once the men arrived in Jordan, their passports were seized and they were told they were being sent to a military facility in Iraq, Fryszman said.

As the men were driven in cars to Iraq, they were stopped by insurgents. Twelve were kidnapped and later executed, Fryszman said. The thirteenth man survived and worked in a warehouse in Iraq for 15 months before returning to Nepal.

My favorite part of that article is right at the end when a KBR spokeswoman says, "The company in no way condones or tolerates unethical or illegal behavior." Sure. And I've got a bridge to sell you.

Update:
The folks over at TPMMuckraker dove into the specifics of the lawsuit brought against KBR today and have posted more details.

(Adam Hughes* 08/28/08; 0 comments)

Notes from the Economy: GDP, Jobless Claims

 

GDP
The Bureau of Economic Analysis released its preliminary estimate of second quarter GDP growth. The BEA estimates that the economy grew at annualized rate of 3.3 percent in the second quarter. This estimate is a bit higher than the advance figure of 1.9 percent, which the BEA released a month ago. The final second quarter GDP number will be released on Sept. 26. In the first quarter of this year, real GDP grew at a 0.9 percent rate.

The acceleration in real GDP growth in the second quarter primarily reflected a larger decrease in imports, an acceleration in exports, an acceleration in PCE, a smaller decrease in residential fixed investment, and an upturn in state and local government spending that were partly offset by a larger decrease in inventory investment.

Unemployment Insurance Claims
Also released today were unemployment insurance claims. The Labor Department estimates that in the week ending Aug. 23, 425,000 new unemployment insurance claims were made. The figure is 10,000 fewer than the previous week and reduces the four-week moving average of initial claims from 446,250 to 440, 250. The number of continuing claims rose by 64,000 to 3,423,000.

(Craig Jennings 08/28/08; 0 comments)

Steven Pearlstein Wants to be Shown the Money

 


(Source: Center on Budget and Policy Priorities, "Average Income in 2006 Up $60,000 for Top 1 Percent of Households, Just $430 for Bottom 90 Percent")

After a discussion about federal tax policy and income inequality, Steven Pearlstein strikes the right chord on where the discussion on inequality should be focused. As much as the distributional consequences of the tax code matter, there's still the nagging problem of pre-tax income inequality. Despite major advances in worker productivity over the past 40 years, workers have seen only a sliver of that economic gain.

The reality is that the market's tilt toward unequal outcomes is now so strong that you can't just rely on a progressive tax code to counteract its effects. To do that, it may be necessary to forgo some of those additional tax cuts for the middle and professional classes to pay for increased spending on early childhood education, state colleges and universities, and expanded public health programs. It may be necessary to "tinker" with the markets just a bit by indexing the minimum wage to overall income growth, using the antitrust laws to bust up oligopolies like those on Wall Street and making it possible once again for workers to unionize without fear of losing their jobs. It may even be necessary to slow the pace of further globalization.

There's a good debate to be had on all of these ideas -- every one involves economic risks and trade-offs. But there is no debating that markets are doing a lousy job of distributing the benefits of economic growth and that another decade of stagnant wages and runaway inequality is unacceptable.

No larger point here, I just wanted to flag this for interested readers.

(Craig Jennings 08/27/08; 0 comments)

Splitting Hairs at the Chamber of Commerce

 

Craig's post this morning on the issue of corporate taxes made me dig through my files to pull up another Government Accountability Office (GAO) report I remember seeing last month about corporate tax compliance. In July the GAO released a report entitled "Businesses Owe Billions in Federal Payroll Taxes," which found, among other things, that businesses owed billions in federal payroll taxes. From the report:

IRS records show that, as of September 30, 2007, over 1.6 million businesses owed over $58 billion in unpaid federal payroll taxes, including interest and penalties. Of that amount, 70 percent of all unpaid payroll taxes are owed by businesses with more than a year (4 tax quarters) of unpaid federal payroll taxes, and over a quarter of unpaid payroll taxes were owed by businesses that accumulated tax debt for more than 3 years (12 tax quarters). Some of these businesses took advantage of the existing tax enforcement and administration system to avoid fulfilling or paying federal tax obligations-thus abusing the federal tax system.

Yikes. That sounds pretty bad. But it gets worse:

GAO selected 50 businesses with payroll tax debt as case studies and found extensive evidence of abuse and potential criminal activity in relation to the federal tax system. The business owners or officers in our case studies diverted payroll tax funds for their own benefit or to help fund business operations. (emphasis added)

While I think Chamber of Commerce spokesman Martin Regalia would be hard pressed to come to the defense of these companies, OMB Watch has larger fish to fry. While the tax evasion and cheating carried out by the 1.6 million companies as detailed in this report is bad criminal unpatriotic vile, what might be worse is the poor tax enforcement system at the IRS that allowed them to not only get away with it once, but get away with it year after year after year.

Although IRS has powerful tools at its disposal to prevent the further accumulation of unpaid payroll taxes and to collect the taxes that are owed, IRS's current approach does not provide for their full, effective use. IRS's overall approach to collection focuses primarily on gaining voluntary compliance-even for egregious payroll tax offenders-a practice that can result in minimal or no actual collections for these offenders. Additionally, IRS has not always promptly filed liens against businesses to protect the government's interests and has not always taken timely action to hold responsible parties personally liable for unpaid payroll taxes.

Hmmm...the IRS doesn't do a good job of collecting taxes. Not really news - we've been saying that for months. But I wonder if the Chamber will be promoting the findings of this report as fervorently as they did the one on corporate tax liabilities. I'm guessing they won't.

(Adam Hughes* 08/27/08; 0 comments)