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IF AMERICANS REALLY UNDERSTOOD THE INCOME TAX.


IF AMERICANS REALLY UNDERSTOOD THE INCOME TAX by John O. Fox Westview Press, $30.00

ON MY DESK AT HOME SITS A small faux rock Faux Rock is pronounced "foe rock".

Faux rock primarily started out in theme parks, specifically Disney World. The massive fake tree there may not be a fake rock but it is made with the same materials as any faux rock.
, a flat black sheet with broken edges and a maze of tiny white symbols etched into its face. It is a replica of the Rosetta stone Rosetta Stone: see under Rosetta.
Rosetta Stone

Inscribed stone slab, now in the British Museum, that provided an important key to the decipherment of Egyptian hieroglyphs.
, famed as the key to unlocking the hieroglyphic hieroglyphic (hī'rəglĭf`ĭk, hī'ərə–) [Gr.,=priestly carving], type of writing used in ancient Egypt. Similar pictographic styles of Crete, Asia Minor, and Central America and Mexico are also called hieroglyphics  language of ancient Egypt. Less well-known is the text on this stela, a convoluted and flowery flow·er·y  
adj. flow·er·i·er, flow·er·i·est
1. Of, relating to, or suggestive of flowers: a flowery perfume.

2. Abounding in or covered with flowers.

3.
 pronouncement in which a pharaoh claims credit for the prosperity of the people and then makes a grant of tax relief to the priests on whom he relied for the flow of revenue to his government and for ensuring the fealty fealty: see feudalism.  of the people to his administration.

As it says in Ecclesiastes, there is nothing new under the sun.

There are, however, always new stories, and the ones told in The Cheating of America were chosen to make your blood boil. They are tales of the rich and powerful who granted themselves tax relief and found themselves in battle with the IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws. . Their schemes are available to anyone willing to dig through the mountain of paperwork at United States Tax Court The United States Tax Court is a Federal court of record established under Article I of the Constitution of the United States which specializes in adjudicating disputes over federal income tax assessments.  and other government offices in search of nuggets Nuggets can refer to several branches of interest:
  • , a compilation of U.S. psychedelic rock released between 1965 and 1968
  • , a Rhino Records box set of non-U.S.
 of fact.

Through a lot of hard work, the authors and their team expose loopholes big enough for the late Larry Hillbloom to fly his DHL DHL
abbr.
1. Doctor of Hebrew Letters

2. Doctor of Hebrew Literature
 Worldwide Express right through. There are the schlock schlock also shlock   Slang
n.
Something, such as merchandise or literature, that is inferior or shoddy.

adj.
Of inferior quality; cheap or shoddy.
 movie makers, best known for resurrecting Sylvester Stallone's star, who with a patina of legitimate accounting glossed over massive tax evasion The process whereby a person, through commission of Fraud, unlawfully pays less tax than the law mandates.

Tax evasion is a criminal offense under federal and state statutes. A person who is convicted is subject to a prison sentence, a fine, or both.
, and bought a guilty plea to a mere misdemeanor. And there is the inept government pursuit of Joe Conforte, the taxi driver-cum-whorehouse entrepreneur whose Chicken Ranch made him millions of untaxed Adj. 1. untaxed - (of goods or funds) not taxed; "tax-exempt bonds"; "an untaxed expense account"
tax-exempt, tax-free

nontaxable, exempt - (of goods or funds) not subject to taxation; "the funds of nonprofit organizations are nontaxable"; "income exempt
 dollars, which he now enjoys in Brazil.

Oh, and the outcome of these cases? Mostly the tax avoiders won and got to go on, their pocketbooks nicked as much or more by their lawyers as the government.

While the book focuses on the way the law, and the IRS's budget and rules, are weighted in favor of rich tax evaders, there are also a few stories of big-time losers in the game of moving symbols around on a piece of paper to make tax bills vanish. One of them is Gary K. Bielfeldt, a speculator Speculator

A person who trades (i.e. derivatives, commodities, bonds, equities or currencies) with a higher-than-average risk, in return for a higher-than-average profit potential.
 in Treasury-bill futures from Illinois corn country who amended his tax returns to label himself a dealer, rather than a trader, in the government debt markets. He asked for a refund of $81 million and ended up paying $50 million extra and now says the world would be a better place if someone would eliminate the IRS.

As an expose, this book is a first-rate read. Unfortunately, while it is superb at turning up the heat, it is less good at throwing light on the forces at work beyond the court records.

Take the tale of George B. Kaiser, an Oklahoman who drives around in jalopies and who in 1989 reported a taxable income Under the federal tax law, gross income reduced by adjustments and allowable deductions. It is the income against which tax rates are applied to compute an individual or entity's tax liability. The essence of taxable income is the accrual of some gain, profit, or benefit to a taxpayer.  of just $11,669. The authors note that his taxable income was less than what the typical full-time bank teller earned in adjusted gross income. Despite using different measures of income, the comparison is apt; that same year Kaiser bought himself a bank for $61 million.

The bank had been run into the ground when he was on its board and then was resuscitated re·sus·ci·tate  
v. re·sus·ci·tat·ed, re·sus·ci·tat·ing, re·sus·ci·tates

v.tr.
To restore consciousness, vigor, or life to. See Synonyms at revive.

v.intr.
To regain consciousness.
 by the Federal Deposit Insurance Corporation Federal Deposit Insurance Corporation (FDIC), an independent U.S. federal executive agency designed to promote public confidence in banks and to provide insurance coverage for bank deposits up to $100,000. . After Kaiser bought it, he returned it to such glowing financial health that his investment quickly ballooned 15-fold to nearly a billion dollars. Meanwhile, from 1986 through 1991, he reported an average of $860,000 in negative income. Amazingly, five of those six years were after the 1986 Tax Reform Act, which demolished tax shelters.

Unexamined, however, is whether the government rules that let rich folk like Kaiser get by have any economic or social rationale behind them. Is there any justification for these ploys that the rich exploit? Kaiser, for one, appears to be obeying the rules, although he has used the considerable political power his wealth brings to get some of those rules refashioned to his liking. Still, is there a rationale for the rules that have so richly rewarded Kaiser, made Ken Dart a resident of Belize, and moved so many manufacturing jobs overseas? Or, like the designated-hitter rule, are these tax rules pure abominations Abominations is a 3 issues Marvel Comics limited series created by Ivan Velez Jr (writer), Angel Medina (penciller) and Brad Vancata (inker).

ran from Dec 1996 to Feb 1997
  1. 1 - follows events in Hulk: Future Imperfect.
? Lewis et. al don't say.

In John O. Fox's book If Americans Really Understood The Income Tax, we get insight into the issues that underlie the outrages articulated in The Cheating of America.

Like the Center for Public Integrity's investigative team, Fox thinks politicians have unfairly tilted the tax code for the rich. Laws have been crafted that dribble out benefits to the many while reserving the big grants of tax relief to those with the resources and skilled advisers to navigate through a rough sea of complex rules and into a safe harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 of legal tax avoidance The process whereby an individual plans his or her finances so as to apply all exemptions and deductions provided by tax laws to reduce taxable income.

Through tax avoidance, an individual takes advantage of all legal opportunities to minimize his or her state or federal
.

Fox, a Washington tax lawyer, throws a great deal of light, and virtually no heat, on these issues even though he makes it clear that he has an agenda not much different from that of Lewis and Allison. Fox sees a tax code overwhelmed with inequities. But he also sees the reasons those inequities got there, including the economic theories at work.

Fox neatly describes the basic issue and then, with meticulous organization and clarity, explains the underlying issues. Here his work is invaluable.

And, admirably, he shows excesses in the cases made by advocates from various viewpoints, including those he favors. He favors progressive rates in which those who make the most pay higher marginal rates, but he faults liberals for giving short shrift to classical economic theorists who say that lower rates will bring greater wealth, more opportunities, and more overall income. Many leading advocates on tax policy often avoid substance, assisted by far too many in the Washington press corps, including both kinds of broadcast reporters: The many actors posing as reporters and the competent journalists who, in the struggle to get air time, must present sound bites instead of sound insights. And not a few reporters have adopted the language of advocacy, instead of the neutral language of journalism, as in those who substitute the "death tax," sans quote marks, for the estate tax.

Fox understands that the average member of Congress knows about as much about tax policy and administration as the average bank teller knows about running George Kaiser's bank. Of course, your average bank teller doesn't make tax law. Fox wants to change that by translating the arcane language of tax into plain English and then explaining the principles of tax in concise and illuminating language.

His book, read carefully, could equip even average people to educate their lawmakers about basic tax-policy fairness.

Fox is weakest on the mortgage-interest deduction and others subsidies for homeowners, yet even here he is very good. He shows how the middle class's favorite tax break is overwhelmingly a benefit to those who make more than $200,000 a year, and how the subsidies distort the housing market in painfully expensive ways. Fox would retain subsidies, but he would replace the interest deduction Interest deduction

An interest expense, such as interest on a margin account, that is allowed as a deduction for tax purposes.
 with a tax credit, which means rich and poor alike get the same dollar-value subsidy, and he would cap the subsidy at a mortgage on a $100,000 house. The effects of such a shift on housing prices in the short run, the pain that ceiling would cause in urban markets and whether any fixed cap is a good idea in tax policy, deserve much more analysis than Fox provides.

Overall, Fox favors broadening the tax base so rates can be lowered. As he notes early on, one way to look at taxes is through two doors, one marked "the tax-all room" and the other labeled "the tax-haven room." In 1997, more than $3.4 trillion in individual income passed through the "tax-all" door while nearly as much, $29 trillion, passed through the tax-haven door.

Not all tax favors flow to the rich or even to the middle class. The top one percent, the richest 1.25 million taxpayers (most of whom are married couples) pay more than a third of all income taxes. If their income keeps rising at eight times the rate of everyone else, they will pay a much larger share in just a few years. A family of four does not pay income taxes until it makes about $28,000, provided it applies for the earned income tax credit The United States federal Earned Income Tax Credit (EITC) is a refundable tax credit that reduces or eliminates the taxes that low-income married working people pay (such as payroll taxes) and also frequently operates as a wage subsidy for low-income workers. , a form of negative income tax that has done more than any other government program in recent years to lift people out of poverty and to encourage work.

Yet many people believe that they work until mid-May just to pay taxes because of the "Tax Freedom Day" publicity stunt, which innumerate in·nu·mer·ate  
adj.
Unfamiliar with mathematical concepts and methods.

n.
A person who is unfamiliar with mathematical concepts and methods.



in·nu
 reporters fall for every year. The fact is that those on the bottom half of the income ladder have earned a year's worth of federal income taxes before January runs out and many of those on the lower rungs who have children and apply for the negative income tax do not work a minute to pay income taxes. In a country with marginal income tax rates that range from less than zero to 41.05 percent, Tax Freedom Day endures only because most journalists have forgotten their junior-high math and do not seem to mind that their ignorance makes them look, well, ignorant.

Near the end of their book, Lewis and Allison ask a series of questions that "no one in Washington is particularly able or anxious to answer."

They urge voters to contact their lawmakers and demand that they say if they favor "upholding the current tax laws today for all Americans? Politicians should be asked bluntly whether or not they favor increased enforcement of the existing laws. Do they think the poor should be audited more often than the rich? Should billionaires be able to renounce their U.S. citizenship to avoid taxes, and still be able to return home for months on end because the law barring their re-entry RE-ENTRY, estates. The resuming or retaking possession of land which the party lately had.
     2. Ground rent deeds and leases frequently contain a clause authorizing the landlord to reenter on the non-payment of rent, or the breach of some covenant, when the
 is rarely, if ever enforced? Expect considerable squirming, hemming, and hawing."

I think not. How easy it would be for our legislators to answer the first question by saying that, of course they favor upholding the laws, casting off another sound bite on their unwavering support for law enforcement. Our elected representatives in both parties have already told us, with the budgets they have adopted, the real answer. They want very little enforcement of the tax laws, except against the working poor. As the spokesman for House Speaker Dennis Hastert said recently, there is no clamor on Capitol Hill for more income tax audits.

The advice in both of these books, that citizens get involved in their government and give voice to their concerns and outrages, is sound. But just how would an ordinary citizen go about asking her representative, much less her senator, for an audience? Many of our elected representatives complain that they spend more time than they want with the donor class, though not so much that they have exercised their power to banish them to the far rooms of the public's house on Capitol Hill. Many have, however, supplemented the old round file, and the boilerplate A phrase or body of text used verbatim in different documents such as a signature at the end of a letter. Boilerplate is widely used in the legal profession as many paragraphs are used over and over in agreements with little modification or no modification.  response letter, with voice mail and Internet baskets that can filter unwanted contact into the digital round files and boilerplate email of our silicon age.

After you have filled yourself with outrages from the first of these books and taken a quick course in tax policy from the second, try getting an appointment to tell your lawmaker face-to-face just what you think about the design of our tax system and what you think ought to be done about it. If you are John Q. Citizen, instead of John Q. Donor, lots of luck. As with the pharaoh who had his tax policy writ in stone many centuries ago, Mr. Citizen will discover that tax relief goes first to those who, like the priests of ancient Egypt, ensure that the leader retains his position.

DAVID CAY JOHNSTON David Cay Johnston is an investigative journalist for The New York Times now focusing on taxes. He received the 2001 Pulitzer Prize for Beat Reporting "for his penetrating and enterprising reporting that exposed loopholes and inequities in the U.S.  covers the IRS for THE NEW YORK New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 TIMES.
COPYRIGHT 2001 Washington Monthly Company
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Review
Author:Johnston, David Cay
Publication:Washington Monthly
Article Type:Book Review
Date:Apr 1, 2001
Words:2030
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