Yearly Archives: 2012

[In light of the current discussion about makers and takers prompted by Mitt Romney’s candid and arrogant remarks at a fund-raiser, I thought I would republish this post from March of this year.  Besides, I don’t have anything else ready to go right now. – CHC]

Some thoughts about obligations, such as those described by Warren Buffet and Bill Gates,  and taxes, such as those paid by Gov. 13.9 Percent, Mitt Romney, and Ms. 35.8 Percent, Debbie Bosanek, Warren Buffet’s secretary.

• • •

Taxes are what provide the funds for the fundamentals of our government: to establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.  This constitutes a rather broad mandate for taxation, one that by all rights should be hard for Tea Party advocates to counter, being that it comes from the Preamble to our Constitution.

Let’s start by making a distinction between taxes and spending.  We don’t say much about spending that benefits ourselves, but we are sure to complain about spending we disagree with, whether by our government or our local United Way.  For those whose mantra is to cut spending, let that debate take place in a separate arena from the legitimacy of taxes.  No matter how much our government spends or where we spend it, that money has to come from somewhere.

• • •

Granted, our current tax laws are a mess — I know, because I have been volunteering as a tax preparer at our local financial counseling agency.  I get headaches trying to figure out what the ordinary well-meaning people who wander into our office, armed with (some of) the financial particulars of the everyday dealings of their lives, are entitled to receive (or are obliged to pay) in this bizarre annual reckoning we engage in.

My very first client this year needed three visits to our office to straighten out her taxes.  The 1098-T form her school provided was no help at all in explaining her scholarship and educational expenses.  Her situation reminded me of the plight of being hospitalized: the patient (or advocate) is all too often put in the position of coordinating his or her own care while knowing nothing about it.  In this case, the tax client (whose financial life could not have been simpler save for the educational expenses) was handed the responsibility to file her taxes without being given either the understanding or the documents she would need for an accurate return.

Minus documents, tax preparers are at a loss — ethically, we can’t make guesses, though in practice we wind up doing something that smells the same.  Guesses are wrong as often as right and put the taxpayer at risk if wrong.  But guesses can be turned into estimates by the simple but magic act of multiplication.  How much did you earn in your undocumented job this year?  No idea?  OK.  How much do you usually earn in a week, and how many weeks did you work this year?  Presto, a good-faith estimate.

On our third visit, my student-taxpayer eventually got the story straight and we were able to put numbers where they belonged.  Getting to that point was unnecessarily complicated to me, not to mention the client.  The system has not been designed to make things simple.  Tax law makes rocket science look like fun.

• • •

There has got to be an easier, fairer, less expensive, less time-consuming way to fund our government.  That said, I do not support the so-called “flat tax” that modern conservatives love to tout.  We already know that the main thing that conservatives want to conserve is their own money — they blithely ignore that fluff about “promoting the general welfare” in the Preamble to our Constitution.  I maintain that taxes should be paid largely by those who can afford to pay them.  My ability to pay taxes is a good indication that I have reaped the benefits of our economy, whose very health depends on a well-regulated marketplace.   I have no patience with the arguments made by the one-percenters that their fortunes were self-made and so somehow rise above the indignity of taxation.  I see nothing illogical in asking the well-off to pay a larger share of their wealth than others to fund government.  And Warren Buffet agrees with me.

I have a few basic principles when it comes to who should pay and how much:

• A dollar is a dollar, whether it is made by cutting hair, running a machine, growing wheat  or trading stocks.  Every dollar of income should count the same.  Our government should neither promote nor punish any particular way an individual makes a living.  Believe it or not, Ronald Reagan subscribed to this (to an extent) in his 1986 tax reforms.

• These basic necessities of life should not be taxed: food, clothing, rent, utilities, education and communication.  This implies that the first x thousand dollars that the average family would spend on such needs should not be subject to income taxes or sales taxes.  I am not sure what the value of x should be, but it has to be more than the $11,600 that a married couple now gets as their standard deduction.

• Itemized deductions from taxable income (like mortgage interest and real estate taxes) should be capped so that any deduction primarily benefits taxpayers below the median household income of $50,000.  The one-percenters (and ten-percenters for that matter) don’t need most deductions, because they have the means to weather the storms of life.  Deductions from income should be about the storms of life.  If we cap deductions for the better-than-average earners, then we can lower the tax rates for everyone.

• Corporate profits mean nothing.  Taxing fake profits is a flawed exercise.  Corporations can trim their reported profits and taxes by all kinds of accounting tricks: taking special “restructuring” charges against earnings (after laying off workers), deferring profits to the following year, or avoiding “repatriating” any profits earned overseas, to name just a few.  To counter this, I would replace the current corporate income tax with a “privilege tax” based on domestic sales.  Any foreign or domestic company selling goods and services to American consumers would have to pay a percentage of its domestic sales revenue to the U.S. government for the privilege of doing business here.  The privilege tax can be made progressive, so that the typical small business would have a lower tax burden than today, while mega-corporations would pay a larger, fairer share.  That’s what makes my idea different from a national sales tax or VAT, regressive proposals I do not support.

• Payroll taxes, i.e., Social Security and Medicare taxes — gone.  I would drop the artifice of the “trust fund” and simply pay for these programs from general revenues.  There would be no corporate contributions on behalf of its employees and no self-employment taxes for independent contractors.  That was easy.

• • •

Being that humans share 99% of their DNA with chimpanzees, and Democrats share 99.9% of their DNA with Republicans, there has to be some other explanation beside genetics for the stark difference in mindsets of the two groups.  (Democrats and Republicans, I mean.)  My theory is that children whose parents once read “Lowly Worm” stories to them turned into Democrats, while kids who were read the Aesop fable “The Ant and the Grasshopper” or “The Little Red Hen” evolved into Republicans.  There certainly is a wheelbarrow-load of right-wing interest in Ants and Grasshoppers, with sentiments clearly favoring the Ant.  If you need a reminder, here again is the essence of the fable:

The Ant and the Grasshopper
An Aesop Fable retold by Rose Owens

One summer day a Grasshopper was singing and chirping and hopping about.  He was having a wonderful time.  He saw an Ant who was busy gathering and storing grain for the winter.

“Stop and talk to me,” said the Grasshopper.  “We can sing some songs and dance a while.”

“Oh no,” said the Ant.  “Winter is coming.  I am storing up food for the winter.  I think you should do the same.”

“Oh, I can’t be bothered,” said the Grasshopper.  “Winter is a long time off.   There is plenty of food.”  So the Grasshopper continued to dance and sing and the Ant continued to work.

When winter came the Grasshopper had no food and was starving.  He went to the Ant’s house and asked, “Can I have some wheat or maybe a few kernels of corn?  Without it I will starve,” whined the Grasshopper.

“You danced last summer,” said the Ants in disgust.  “You can continue to dance.”  And they gave him no food.

As you see, the justification for holding onto one’s hoard — to the extent of letting others suffer rather than share it — has a long history, one that predates Dickens and Scrooge.  The congenital resentment of Grasshoppers by Ants, based on the fear that some people are getting something they don’t deserve (as opposed to what Deserving People deserve), pervades our politics and finances.  In the current narrative, Greeks = Grasshoppers and Germans = Ants.  Liberals?  Grasshoppers with a capital G!  Recklessly giving away the hard-earned stores of the Ants.

Most people like to think of themselves as Ants:  I deserve because I earn.  And they don’t because they don’t.

• • •

Which brings me to the Earned Income Tax Credit.  EITC has been a provision in U.S. tax law since 1975, designed to provide incentives to our working poor and lift some of them above the poverty level.  If you earn (low) wages and file a return, the IRS may refund not only your income tax but some of your payroll taxes.  And if you have kids, you could get a few hundred dollars on top of that.  Some taxpayers count on the EITC refund as a kind of Springtime Stimulus.  They file their returns as soon as they can, because they have bills that are not only due but past due.  In the tax office, I have had expectant mothers asking when the refund would arrive, because for them it needed to arrive sooner than the baby.

Conservatives generally dislike the EITC and want to reduce it or repeal it, in spite of the fact that poverty among children would be one-third higher without the EITC.  But Ants tend to see nothing but Grasshoppers.  Ants are constitutionally unable to be charitable to those who (in their Ant minds) don’t merit it.  Ants need to know something about you before they help you.  This is the Ant Litmus Test.  Ants want reassurance that you are one of them, maybe an Ant who has fallen on hard times.  But never, never a Grasshopper.  A Grasshopper gets the door slammed in its face.

• • •

I don’t have a problem with the EITC but I do have some discomfort doing tax returns for the public.  I like to color inside the lines.  I’m not the kind of person who cuts corners or ventures into gray areas.  I like to sleep at night.  Doing my own taxes, there is no conflict.  But preparing someone else’s taxes, differences in values and attitudes can and do arise.

Last year, I prepared a return for a client who reported only unemployment payments as her income.  As I was completing her return, I informed her she would not be eligble for the Earned Income Tax Credit, since unemployment is not treated as “earned income.”  Only then did the client decide to tell me about her self-employment income, from the business she had on the side.  After she reported this income, she came out ahead.

Our tax system is gamed by rich and poor alike.  The working poor can game the EITC, and the well-to-do can game everything else.  Though Wall Street may be a-hopping with Grasshoppers, pointing fingers at Wall Street is a big mistake.  The desire to shave $100, $1000, $10000 from one’s tax return knows no socio-economic bounds, in my experience.  Lack of character is an equal-opportunity failing.  The well-to-do simply add more zeroes.

• • •

Every system can be gamed.  Here is a local example (from Asheville Citizen-Times):

A former postal worker who faked injuries to get disability benefits has been sentenced to seven months in prison.  Video evidence presented at Robin Knight Smith’s trial showed that she sat on a stool gambling for hours at Harrah’s Cherokee Casino after claiming she couldn’t work because sitting was painful.
Smith, 46, who worked at mail processing facility in Asheville, also used a walker or stroller before or during an appointment with a doctor but usually walked without aid while shopping, according to court records.
U.S. District Court Judge Martin Reidinger also sentenced Smith last week to three years of supervised probation on her release and ordered the Waynesville resident to pay $46,000 in restitution and perform 100 hours of community services, according to court records.
Reidinger said the sentence should serve as a warning to workers seeking a “free ride” at the expense of taxpayers and that Smith had engaged in a “pattern of conduct to defraud the government.”
According to testimony presented during [their] trial, the Smiths sought workers’ compensation and other benefits for injuries they claimed they suffered on the job. They claimed the injuries prevented them from returning to their jobs or less strenuous work assignments.
Robin Smith said she tripped over a plastic tub and fell. Charles Smith said he suffered a lower back injury while lifting sacks from a bulk mail container. No one saw either accident, according to court documents.
“The result of this important work is that the government will save over a million dollars in payments to a person who tried to defraud the disability system,” U.S. Attorney Anne Tompkins said. The prosecution “serves as a warning to anyone who might believe that the government is not carefully watching, pursuing and punishing such frauds.”

Let’s do a little math.  The sentence of $46,000 and 100 hours of community service was  purported to save “over a million dollars” in fraudulent disability payments.  This implies that the convicted Robin Knight Smith’s time was worth $9,540 an hour.  Was she a lawyer in her spare time, when she wasn’t at the Post Office or Harrah’s Casino?

If you want to game the system, what better place to do it than in a casino?  Like Harrah’s.  Or Wall Street.

• • •

Here’s the real difference between Ants and Grasshoppers.  Ants are the ones who built the system,  according to Ant rules.  Grasshoppers are everyone else.  Grasshoppers can’t be trusted to adhere to the rules of a game they never agreed to play.  In Game Theory, they would be considered defectors (by Ants who subscribe to Game Theory.)

When you have players who not only disagree on the rules of the game but whether in fact there is a game being played, it is natural that conflicts will arise.

• • •

Ants envy Grasshoppers at the same time they resent them.  Ants wish that art and music were larger parts of their own lives, instead of all the crumb-carrying they do all day.  God, how we hate Grasshoppers for enjoying themselves, while we carry crumbs and dig holes!  Ants never quite get it that they could be making music too.  Should one’s whole existence revolve around surviving winter?  Ants avoid this question.  Easier to blame Grasshoppers. And taxes.  Easier to view one’s societal obligations as an objectionable burden on oneself, rather than the contribution one makes so we can all live less brutal, more fulfilling lives.

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Worf was a character on the 1990’s television series “Star Trek: The Next Generation.”  Lt. Commander Worf was the chief security officer on the USS Enterprise, his role crafted to explore and exploit conflicts between the Federation (obstensibly the good guys) and the warrior-centric Klingon Empire, Worf’s home world.

Klingon culture was based on honor and combat.  In the series, mortal combat was often fought in defense of one’s (Klingon) honor.  Battles to the death ensued.  Unlike other Federation officers, Worf killed a fair number of civilians during the series; however, because Worf was a member of the Federation (obstensibly the good guys), each of his killings was explained away as a defense of his Klingon honor or his right of revenge.

There are many ways to hurt people.  We should distinguish the pathways to hurt from the weapons that are employed.  One can aim to hurt physically, mentally, or both paths at the same time.  Physical weapons include hands, guns, chemicals, drugs and sleep deprivation.  Mental weapons include verbal abuse, blackmail and fear of torture.  Economic and political weapons such as oppression and disenfranchisement deliver damage along both pathways.  Weapons are designed to hurt.  That’s why people use them.

That said, there is a decided difference between physical and mental weapons.  A physical weapon has much the same effect on any of its victims.  A knife in my gut causes the same damage as one in yours — our prospects for survival depend less on our anatomies than on the speed and effectiveness of our respective medical teams.  Mental weapons, however, have varied effects on individuals — the most effective of these weapons exploit a specific vulnerability of the target individual or group.

An insult is one type of mental weapon.  Like other mental weapons, a particular insult can hurt one person and have absolutely no effect on another.  One of the strange things about  human groups is that they announce to their adversaries, in advance, what they consider to be insulting.  This is tantamount to exposing one’s vulnerabilities so as to invite attack, so as to provide justification for one’s own retaliation and restoration of honor.  The line in the sand is drawn, its only purpose: to serve as the uncrossable line.

Humans often use insults as proxies for physical weapons in wars that are fought in words, as words are cheap and physical weapons are not.  This is not to say that words are used more effectively than guns or missiles.  Words also miss their target; words also explode and create collateral damage; words escalate as often as they intimidate.

Christopher Stevens, U.S. Ambassador to Libya, and three other Americans were killed last week — supposedly because of an insult; more probably because terrorists were ready to exploit a chaotic situation.  The uncrossable line in the sand had already been drawn and it was inevitable that someone would cross it.

Animals do not kill other animals for honor or revenge — only humans do.  Only the human animal recognizes insult and responds to it with self-justified physical, often deadly, force against the offender.

You must admit: we are all Klingons now.  The notion of honor poisons all of our cultures. Maintaining honor requires that one respond to insults to one’s honor; but the logical answer is to dispense with honor and thus the need to defend it.  That we are subject to insult shows nothing except how fragile we are.

The wise show restraint.  The civil do not kill.  The strong are not insulted.

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I have been making an effort lately to write less about politics here — these days, when you talk about politics, you are sure to alienate half of your audience.  Some have already tuned out, and others are not even going to finish this sentence.  To those who remain,  welcome to my convention.

It seemed timely to break my fast from politics, what with the orgy of Obama-bashing they call the Republican National Convention about to begin.  I have this to say to them: foam at the mouth all you want but I won’t be voting for your guy.

There are Republican politicians, Republican financiers, Republican talk-show hosts and everyday people who vote for Republicans.  Many people who vote for Republicans are decent people, and I know quite a few of them.  (Many are also fearful and small-minded, but I’m trying to be equitable here.)  But I have nothing but disdain for Republicans at the top, the ones in power, the ones with the money, the ones who purposely distort the truth for their own political gain and for the financial gain of their backers.

I disagree with just about every Republican stance on social policy, economic policy and defense policy.  Surprisingly, that is not why I absolutely will not vote for any Republican, in any election.  It is because the Republican Party has seceded from the United States.  Republican leaders now live in a country all their own, one they made up in their dreams. They have disowned ours.  The most convincing evidence of this was the 2010 statement by Senator Mitch McConnell that “the single most important thing we want to achieve is for President Obama to be a one-term president.”  Republican actions (mostly inaction) since President Obama was elected have been entirely consistent with this stated goal.

The Republican Party has not been interested in helping the American people weather the the financial crisis and ensuing recession (the one that their policies helped engineer).  No, Republicans sat on their hands, unwilling to compromise, wanting Obama to fail more than they wanted ordinary Americans to succeed.  And now, having done everything possible to engineer failure, Republicans point to our persistent slow growth and high unemployment and, of course, blame Obama.  This was the script all along, and they continue to follow it.  They are like deranged firemen who purposely set fires for the glory of putting them out.

There may be some Republican congressman here or there who is a decent man (I say this because 9 out of 10 Republican congressmen are men) and who may share a subset of my values, but I cannot vote for him because he will vote the way his leadership says he must.  A vote for any Republican is a vote for Eric Cantor and Mitch McConnell.  And those two have left the country, at least the one I live in.

So I am also left with no choice: because Republicans vote as a bloc, so must Democrats, and now so must I.  This is what happens in the game called Prisoner’s Dilemma: no one cooperates and, consequently, no one gains.

That about wraps it up.  I have pounded the gavel.  Thanks for attending my convention.  It only lasted five minutes and you didn’t have to leave your seat.

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