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Opportunity knocks: the IRS and the tax code badly in need of repair

Opportunity knocks: the IRS and the tax code badly in need of repair


Good things sometimes result after bad things happen. The growing revelations of wrongdoing at the Internal Revenue Service dramatically illustrate the agency's devolution into near anarchy, and this ought to lead to an operational revolution. It ought to also lead to something else that needs to be done, and has needed to be done for a long, long time: overhauling the current tax system.

An organization known as CCH has tracked the growth of the tax code from 1913 when it was only 400 pages to 2012 when it was 73,608 pages.

An Associated Press story noted, "At nearly 4 million words, the US tax law is so thick and complicated that businesses and individuals spend more than 6 billion hours a year complying with filing requirements, according to a report Wednesday by an independent government watchdog. That’s the equivalent of 3 million people working full-time, year-round."

“This report confirms that the code is 10 times the size of the Bible with none of the good news,” said Rep. Dave Camp (R-Mich.), chairman of the House and Ways and Means Committee. “Our broken tax code has become a nightmare of loopholes and special interest provisions that create added complexities and costs for hardworking taxpayers and small businesses.”

“If tax compliance were an industry, it would be one of the largest in the United States,” according to Nina E. Olson, the National Taxpayer Advocate. She said that since 2001, Congress has made an average of more than one change a day to tax law, nearly 5,000 in all.

The tax code is a chaotic mess that no one can comprehend. So, replace it with something much simpler that can be easily understood, and doesn't require 100,000 federal bureaucrats, some of whom cannot control the urge to persecute the people they work for.

Without going into great detail, there are two sensible approaches that would vastly improve the tax system. Both have advantages and disadvantages, but both the Flat Tax and the Fair Tax are far superior to the 73,000 page monstrosity we now suffer under. Even substantially lowering tax rates and reducing deductions and loopholes in the current system would improve things.

It has never made any sense to tax people's productivity, particularly when so many are excluded from paying any tax at all. Those who have no skin in the game thus don't mind raising taxes on the people that pay the freight for them.

Taxing what people spend, on the other hand, puts everyone in the game to the extent that they buy stuff subject to taxation, excluding food, medicine, medical care, and perhaps a very few other things from the tax, while protecting charitable contributions, and move ahead with replacing our asinine tax code with something that makes sense, and is immune from malfeasant bureaucrats and politicians. Then, when Congress wants to raise the consumption tax from, say, 10 percent to 12 percent instead of being frugal, nearly everyone will have a reason to care.

The current system enables politicians trying to make political hay to demonize corporations or the wealthy by criticizing the way they pay or don't pay taxes. The most recent example of this manufactured "moral outrage" concerns Apple, Inc., which earns money in the US as well as in foreign countries. Senator Carl Levin (D-Mich.), has leapt to the front of the bandwagon to condemn Apple, which paid nearly $6 billion to the federal treasury in 2012 on money earned in the US, but keeps money earned overseas out of the US due to the high corporate tax rate. But Apple does only what the tax code allows or encourages it to do.

America's corporate tax rate, which at 35 percent is one of the highest in the world, literally drives corporations to keep money overseas that otherwise could be brought here to produce jobs, and be taxed here, if Congress wasn't so greedy. Rather than make an honest effort to fix that problem, Sen. Levin foolishly prefers to label Apple a "tax dodger."

Many Americans agree with him. Those who think corporations are misbehaving by using provisions of the tax code to pay less tax should do a little personal reflection. Anyone who has ever taken a deduction for mortgage interest or other adjustment to earned income is just as guilty of being a tax dodger as Apple.

Managers and employees who lack character and integrity have fatally soiled the IRS. It has violated the most sacred tenet of American government: to honorably serve its citizens. At the very least it must be overhauled and slashed in size and power, but better yet, let's rid ourselves of the need for an agency like the IRS.

A final thought: The Affordable Care Act is a 2,700-page bill hatched in the dark of night by one political party, passed on a partisan vote by elected representatives who had not read the bill, controls 14 percent of the private economy, opens private medical data of every American to government scrutiny, and will be controlled by 16,000 new IRS employees. What could possible go wrong?

The IRS scandal hearing would be hilarious if it wasn't so serious

The IRS scandal hearing would be hilarious if it wasn't so serious


The House Committee on Oversight and Reform hearings on Internal Revenue Service malfeasance has produced scenes worthy of a Mel Brooks film, or maybe "Hogan's Heroes" (“I know nussing!”) As of Friday morning, the following had transpired.

Lois Lerner appeared before the committee last Wednesday. She is the IRS director of exempt organizations, which is the office that deliberately targeted organizations with "Tea Party," "Patriot" and other identifiers in their names indicating they were conservative organizations. These organizations not only had their applications for 501(c) tax-exempt status delayed for up to three years, but in many cases were asked for information that is clearly outside the legitimate areas of interest of the IRS, and which crossed the line into unconstitutionality and perhaps illegality.

Ms. Lerner told the Committee in an opening statement that Committee members have already accused her of providing false information to Congress. However, she said, “I have not done anything wrong. I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.”

Having thus stated the case for her innocence, she then invoked Fifth Amendment protections against incriminating herself, and refused to answer any questions.

Translation: "I did nothing wrong, but I won't answer any questions that might show that I did something wrong."

Committee chairman Rep. Darrell Issa (R-Calif.) asked her to reconsider, and when she refused he then dismissed her and her attorney from the hearing room. However, Rep. Trey Gowdy (R-S.C.) objected, pointing out that since Ms. Lerner actually testified by making an opening statement, she should have to stay and answer the lawmakers' questions.

"You don't get to tell your side of the story and then not be subjected to cross-examination," Rep. Gowdy said. "That's not the way it works. She waived her right to Fifth Amendment privilege by issuing an opening statement. She ought to stand here and answer our questions," he said.

Ms. Lerner was ultimately dismissed, but with the caveat that she may be recalled. Better late than never, on Thursday she was suspended from her job. With pay.

This is not the first time the long-time federal employee has been suspected of questionable behavior. When she headed the Enforcement Office at the Federal Election Commission (FEC) from 1986 until 2001, there appeared to be politically motivated harassment of conservative groups not unlike what the IRS  did. In the late 1990s, the FEC launched an investigation of the Christian Coalition that ultimately cost the organization hundreds of thousands of dollars and countless hours of lost work.

However, in addition to failing to prove that the Coalition did anything wrong is the question of whether the FEC even had authority to assert the charges it leveled against the Coalition, which was absolved of any wrongdoing in 1999. Following this suspicious investigation Ms. Lerner was promoted to acting General Counsel at the FEC in 2001.

Next to testify was Douglas Shulman, who was appointed by George W. Bush and headed the IRS during the first Obama term. In 2012 he testified before the Committee, saying, "As you know, we pride ourselves in being a non-political, non-partisan organization." He continued, "There is absolutely no political targeting." We now know that was clearly untrue.

In last week's appearance Mr. Shulman denied that he had discussed targeting conservative groups with anyone at the White House in any of the more than 100 times he visited the White House complex between 2010 and 2011.  “It would not have been appropriate to have a conversation with anyone at the White House about the subject of discriminating against conservative groups,” he said.

When asked if he could recall the nature of any of those visits, Mr. Shulman responded, "The Easter Egg Roll with my kids." Seriously.

In response to questioning from Rep. Tammy Duckworth (D-Ill.), Mr. Shulman replied: "I accept the fact that this happened on my watch and I am very sorry that this happened while I was at the IRS. I feel horrible about this for the agency, for the people there, for the great public servants. I am not sure what else I can say." He could have overtly taken responsibility for his agency's malfeasance while he headed it, and apologized to the victims, but he didn't.

Ms. Duckworth, a military veteran, said that she was "deeply disappointed" by his response, explaining that soldiers serving their country know "you can never delegate responsibility and that you are always responsible for the performance, the training, the actions of the men and women under you."

Former President Harry Truman had a sign on his desk that read: "The Buck Stops Here." This is a concept foreign to many in this administration. But it is the law of leadership, whether at the department level, or at the chief executive level: Whatever happens on your watch is your responsibility.

Maybe actually holding people accountable for their mismanagement through firings and prosecution will wake up sleeping bureaucrats like Ms. Lerner and Mr. Shulman, and restore the idea of "service" to public service.

Obama: unfit for duty

Obama: unfit for duty

Obama: unfit for duty

 

Obama’s Presidency is disintegrating under the weight of numerous scandals that are now plaguing his Administration. As the ringleader of a fanatical group of people, who concocted a sophisticated cover up for the Benghazi massacre, Obama and his minions are now under assault by a Congress that is finally doing its job. New lies and deceitful statements emanate daily from a White House that has no conscience concerning the actions that took place in Benghazi on September 11, 2012. Obama placed the safety of Muslim extremists ahead of four Americans, who could have been saved had he acted appropriately at the time. Our best of the best were told to stand down as bullets and rockets inundated their poorly fortified compound, which became the tomb of the Ambassador and three others. A flood of misrepresentations followed claiming a video was the main reason for the assault, when the World knew otherwise. Recent Congressional hearings have added substance to most of our suspicions that Obama’s position on Benghazi was a fabrication to prevent the truth from becoming known before the 2012 Presidential Election. Information Americans should have had within days of the carnage surfaced when several so-called whistleblowers came forward recently. On fear of reprisal, they provided testimony that was both shocking and tragic which directly contradicted the Administration’s account of the massacre. Inaction by the President on 9/11 and the subsequent cover up should be sufficient to draw an impeachment panel to investigate the potential to bring the President to trial before the Senate. Adding fuel to the proverbial fire, in the last several weeks numerous other scandals have surfaced with equal potential to bring charges against President Obama. Internal Revenue Service (IRS) officials targeted conservative groups, religious organizations and other right wing associations in an attempt to suppress their activities. Daily, more groups are coming forward with stories of intimidation from the IRS, which are reminiscent of activities instigated by the Nixon Administration. These activities come with one caveat, this time they are more widespread. The ultimate reason for hammering conservative groups was to assure an Obama win last year. In the event the latter two scandals were not sufficient, staff from the Department of Justice (DOJ) secretly obtained two months of phone records from various reporters and editors at the Associated Press. This is an unheard of intrusion into the privacy of the media, which will generate more Congressional hearings. Obama’s inability to manage day-to-day operations of the government has been apparent since he took office. Media, blinded by their left wing egos, gave the President a pass on each screw up, by him, that came to light. Worse, a population dependent on Obama for their weekly and month checks looked the other way as the nation sunk further into economic oblivion. How much more depravity and dishonesty will the sensible portion of the population absorb before they demand his removal? Rumblings of impeachment have been reported around the not so quiet halls of Congress. Since recall is not option in the law, then only impeachment can resolve the ultimate problem of removing a wayward President. From this perch I believe these scandals will be whitewashed. Let us hope the latter does not come to pass. Mark Davis MD, President of Healthnets Review Services, www.healthnetsreviewservices.com, platomd@gmail.com.  Author of the book Demons of Democracy and the forthcoming book, Obamacare: Dead on Arrival, A Prescription for Disaster. Manager of the group on LinkedIn, Government in Transition.