tax loopholes – Jeffrey C. Goldfarb's Deliberately Considered http://www.deliberatelyconsidered.com Informed reflection on the events of the day Sat, 14 Aug 2021 16:22:30 +0000 en-US hourly 1 https://wordpress.org/?v=4.4.23 Romney Loses! http://www.deliberatelyconsidered.com/2012/10/romney-loses/ http://www.deliberatelyconsidered.com/2012/10/romney-loses/#comments Wed, 17 Oct 2012 15:36:43 +0000 http://www.deliberatelyconsidered.com/?p=16036

The debate was again very stimulating, and again I had trouble sleeping, more out of excitement this time, not because I was fighting against despair, as was the case after the first Obama – Romney confrontation.

This debate turned the election back to its substantial fundamentals. Obama’s September advantage has evaporated. It was perhaps inflated by the Democrats excellent convention performance and the Republican’s very poor one, and also by Romney’s 47% put down. Now there is a real contest between a centrist who is trying to move the center to the left (think Obamacare), and a professional candidate with unknown political orientation, clearly against Obama, though not clear what he is for.

Three competing approaches to governance, in fact, have been presented in the campaign. If Romney had won last night, he would likely win the election. Then there would be a contest between Romney, the Massachusetts moderate, and Romney, the severe conservative. There’s no telling what the result would be. But because Obama prevailed, he is still in there, and for three reasons I think that he will likely prevail. It’s a matter of authenticity, common sense and American identity.

Moderate Romney won the first debate because he performed well and because the President didn’t. That was reversed last night. The President was sharp, answering questions accurately and with authority, responding to Romney’s attacks precisely, most evident in the way he turned his greatest vulnerability, his administration’s handling of the attacks on the diplomatic mission in Benghazi, Libya.

Romney tried to use the same technics to dominate and shape the discussion as he did the last time. But it was off putting. He insisted on talking when moderator Candy Crowley tried to keep him within the time limit, first with success, then failing. His attempt to bully a woman didn’t look good, as was noted on social media. And then there was the unfortunate turn of phrase “binders full of women,” a phrase that took off on the web immediately, revealing as it does a patronizing approach to woman and a view from on . . .

Read more: Romney Loses!

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The debate was again very stimulating, and again I had trouble sleeping, more out of excitement this time, not because I was fighting against despair, as was the case after the first Obama – Romney confrontation.

This debate turned the election back to its substantial fundamentals. Obama’s September advantage has evaporated. It was perhaps inflated by the Democrats excellent convention performance and the Republican’s very poor one, and also by Romney’s 47% put down. Now there is a real contest between a centrist who is trying to move the center to the left (think Obamacare), and a professional candidate with unknown political orientation, clearly against Obama, though not clear what he is for.

Three competing approaches to governance, in fact, have been presented in the campaign. If Romney had won last night, he would likely win the election. Then there would be a contest between Romney, the Massachusetts moderate, and Romney, the severe conservative. There’s no telling what the result would be. But because Obama prevailed, he is still in there, and for three reasons I think that he will likely prevail. It’s a matter of authenticity, common sense and American identity.

Moderate Romney won the first debate because he performed well and because the President didn’t. That was reversed last night. The President was sharp, answering questions accurately and with authority, responding to Romney’s attacks precisely, most evident in the way he turned his greatest vulnerability, his administration’s handling of the attacks on the diplomatic mission in Benghazi, Libya.

Romney tried to use the same technics to dominate and shape the discussion as he did the last time.  But it was off putting. He insisted on talking when moderator Candy Crowley tried to keep him within the time limit, first with success, then failing. His attempt to bully a woman didn’t look good, as was noted on social media. And then there was the unfortunate turn of phrase “binders full of women,” a phrase that took off on the web immediately, revealing as it does a patronizing approach to woman and a view from on high of human beings as pages that fit into binders.

Romney was not nearly as weak as Obama was in the first debate. But Romney’s second performance reveals the unattractive technics he used successfully in his first performance, perhaps lessening the earlier success.

In the first debate, Romney pivoted. His move to the center thrilled Republican moderates and operatives, apparently making him attractive to independents and undecided voters. It confused Obama, who responded poorly. But prepared for this now, Obama effectively responded and Romney now wasn’t able to cogently account for his proposals or for himself.

Romney was caught between his supply side fantasies of cutting taxes on the “job creators” to stimulate economic growth, and a promise that he wouldn’t favor the rich, when job creators = rich. He declared that his move to cut tax rates and radically increase military spending will be paid for by closing unspecified loopholes, but wouldn’t or couldn’t provide evidence. Obama was particularly sharp in criticizing this.

“Now, Governor Romney was a very successful investor. If somebody came to you, Governor, with a plan that said, here, I want to spend $7 or $8 trillion, and then we’re going to pay for it, but we can’t tell you until maybe after the election how we’re going to do it, you wouldn’t take such a sketchy deal and neither should you, the American people, because the math doesn’t add up.”

Romney used an authoritative tone to trump such contradictions in the first debate. It didn’t work last night. And there was a big difference between his weak performance and Obama’s. Obama’s identity, his character, like it or not, is consistent. Romney’s isn’t. After campaigning for President for six years, it is still not clear whether he is severely conservative Romney or moderate Mitt. Strong performance can hide this, but the weak performance raised serious doubts.

Romney tests common sense both in the specifics of his major policy ideas and in presentation of self. His strongest move in the debate was to use every bad statistic about the economy, sometimes questionably cooked, and claim it is the fault of Barack Obama, from employment statistics to the price of gasoline. Without recognizing the larger historical and global context of hard times, it is all Obama’s fault. Some of this seems pretty compelling. It is his best argument, but I have my doubts that it can work when the alternatives Romney proposes so obviously most directly benefit the most privileged and so closely resemble the policies of George W. Bush. The Governor’s inability to distinguish himself from Bush and his policies, I think, was a notable low point in Romney’s performance

Women played a special role in this debate. There was a stark contrast in the way that Romney spoke about and to woman and the way that the President spoke: women in binders versus “women as heads of households,” as the President answered the question of equal pay for equal work. What was remarkable about the women in binders gaffe, is that it revealed a candidate who seems to be removed from America as it is and as it is becoming: less white, Protestant, Anglo, heterosexual, socially equal and mobile, and educated, than Romney and the Republicans imagine, with more suffering that demands government action. Obama and the Democrats speak to the America that is becoming, while the Republicans are in denial.

I realize this may be the most politically momentous night of my life. The differences between Romney’s and Obama’s approaches to America and its problems are stark and the choice was clearly revealed. Obama won the contest, in my judgment and according to the early polls.  As a partisan, I am very pleased. As a sociologist of political culture, I am intrigued.

In my next post, I will further consider the debate and focus on the positive vision that Obama expressed. I heard many commentators last night declare that the President has still not presented his plans for a second term. I don’t think this is accurate and will explain.

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Against “Tax Loopholes”? http://www.deliberatelyconsidered.com/2011/09/against-%e2%80%9ctax-loopholes%e2%80%9d/ http://www.deliberatelyconsidered.com/2011/09/against-%e2%80%9ctax-loopholes%e2%80%9d/#respond Thu, 22 Sep 2011 22:31:34 +0000 http://www.deliberatelyconsidered.com/?p=8035

The public debate about “tax loopholes” is muddled at least in part because “loopholes” and “tax expenditures” have become intertwined. Both are peculiar terms.

“Loopholes” have a history. Some accounts report the term as originally referring to the narrow slits (larger on the inside and smaller on the outside) cut into castles. They made it possible for defenders to peer out and watch with relative safety, and when necessary, fire arrows or other projectiles to protect the castle. Some loopholes in castles were slightly larger and could be used as an escape when necessary. Other explanations of the origin of the term point to alternative Dutch words meaning “to run” and “to watch”. Others refer to an English term, suggesting “to leap.” A number of references cite poet Andrew Marvell (1621-1678) using loopholes to communicate the ability to evade or squeeze through. Today, loophole is a symbolically rich term that is intended to mean that something unseemly is taking place through such evasion and squeezing.

Are tax expenditures an entirely different matter? The Congressional Budget Act of 1974 (Public Law 93-344) defines tax expenditures as, “…revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of liability.” That is, in plain English: tax expenditures are lost tax revenues caused by special exceptions to tax laws. By law, a list of “tax expenditures” must be included in the President’s budget in a section titled “Analytical Perspectives,” prepared by the Office of Management and Budget. The list for 2012 includes 173 “tax expenditures (p241 – 251),” which total over one trillion dollars for the fiscal year beginning October 1, 2011. As objective as this may sound, the list and estimates of “cost” is actually quite subjective, because analysts posit the starting point of the tax baseline.

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Read more: Against “Tax Loopholes”?

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The public debate about “tax loopholes” is muddled at least in part because “loopholes” and “tax expenditures” have become intertwined. Both are peculiar terms.

“Loopholes” have a history. Some accounts report the term as originally referring to the narrow slits (larger on the inside and smaller on the outside) cut into castles. They made it possible for defenders to peer out and watch with relative safety, and when necessary, fire arrows or other projectiles to protect the castle. Some loopholes in castles were slightly larger and could be used as an escape when necessary. Other explanations of the origin of the term point to alternative Dutch words meaning “to run” and “to watch”.  Others refer to an English term, suggesting “to leap.” A number of references cite poet Andrew Marvell (1621-1678) using loopholes to communicate the ability to evade or squeeze through.  Today, loophole is a symbolically rich term that is intended to mean that something unseemly is taking place through such evasion and squeezing.

Are tax expenditures an entirely different matter? The Congressional Budget Act of 1974 (Public Law 93-344) defines tax expenditures as, “…revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of liability.” That is, in plain English: tax expenditures are lost tax revenues caused by special exceptions to tax laws. By law, a list of “tax expenditures” must be included in the President’s budget in a section titled “Analytical Perspectives,” prepared by the Office of Management and Budget. The list for 2012 includes 173 “tax expenditures (p241 – 251),” which total over one trillion dollars for the fiscal year beginning October 1, 2011.  As objective as this may sound, the list and estimates of “cost” is actually quite subjective, because analysts posit the starting point of the tax baseline.

The categories for the 173 “tax expenditures” in the 2012 budget proposal are: national defense, international affairs, general science, space and technology, energy, natural resources and environment, agriculture, commerce and housing, transportation, community and regional development, education, training, employment and social services, health, income security, social security, veterans benefits and services, general purpose fiscal assistance and interest. In an addition, an addendum is included, aid to state and local governments. At some point, a group of legislators considered each one of these ideas useful to achieve a specific policy objective.

Some of these are obvious. The deferral of interest on U. S. savings bonds promotes savings and helps fund the government. The deductibility of mortgage interest on owner-occupied homes facilitates home ownership and encourages home construction, a large segment of the U. S. economy. The deductibility of student-loan interest helps make higher education more accessible.

Other “tax expenditures” are more controversial, such as the deferral of income from controlled foreign corporations under the normal tax method. Law makers gave multinational corporations tax advantages in an attempt to prevent them from relocating outside of the United States.

Reforming such tax laws is difficult, because it would have economic consequences. Each expenditure and loophole must be addressed carefully so as not to produce unwanted economic consequences. Eliminating “tax expenditures” is policy making. Eliminating “loopholes” is a means of administratively cleaning up tax law. Each “tax expenditure” and “loophole” needs to be considered closely. Tax reform, like the devil is, in the details.

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