The Affordable Health Care Act | Is your glass half full? Or half empty? 6

On and on people go. Either loving or hating this new act, also known as Obamacare. Yet I seriously doubt anyone has even read even a portion of it. Our system is broke, except for those who make enough money to cover the rising cost of premiums as well as the deductibles and the portions not covered by the insurer. I have heard many people retort, “this is the first time someone is being taxed for NOT buying something,” – and they have a point, but a different perspective puts a completely different look on this whole tax penalty.

Let’s take a look at this “tax penalty” from a different angle….

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9 Things The Rich Don’t Want You To Know About Taxes 1

9 Things The Rich Don’t Want You To Know About Taxes

Edited version below. Click on title for full version.
April 13th, 2011 DAVID CAY JOHNSTON | Cover Story

As millions of Americans prepare to file their annual taxes, they do so in an environment of media-perpetuated tax myths. Here are a few points about taxes and the economy that you may not know, to consider as you prepare to file your taxes. (All figures are inflation-adjusted.)

1. Poor Americans do pay taxes.

Gretchen Carlson, the Fox News host, said last year “47 percent of Americans don’t pay any taxes.” John McCain and Sarah Palin both said similar things during the 2008 campaign about the bottom half of Americans.

When it comes to state and local taxes, the poor bear a heavier burden than the rich in every state except Vermont, the Institute on Taxation and Economic Policy calculated from official data. In Alabama, for example, the burden on the poor is more than twice that of the top 1 percent. The one-fifth of Alabama families making less than $13,000 pay almost 11 percent of their income in state and local taxes, compared with less than 4 percent for those who make $229,000 or more.

2. The wealthiest Americans don’t carry the burden.

It’s true that the top 1 percent of wage earners paid 38 percent of the federal income taxes in 2008 (the most recent year for which data is available). But people forget that the income tax is less than half of federal taxes and only one-fifth of taxes at all levels of government.

Social Security, Medicare and unemployment insurance taxes (known as payroll taxes) are paid mostly by the bottom 90 percent of wage earners. That’s because, once you reach $106,800 of income, you pay no more for Social Security, though the much smaller Medicare tax applies to all wages. Warren Buffett pays the exact same amount of Social Security taxes as someone who earns $106,800.

3. In fact, the wealthy are paying less taxes.

Despite skyrocketing incomes, the federal tax burden on the richest 400 has been slashed, thanks to a variety of loopholes, allowable deductions and other tools. The actual share of their income paid in taxes, according to the IRS, is 16.6 percent. Adding payroll taxes barely nudges that number.

4. Many of the very richest pay no current income taxes at all.

Lots of other people live tax-free, too. I have Donald Trump’s tax records for four years early in his career. He paid no taxes for two of those years. Big real-estate investors enjoy tax-free living under a 1993 law President Clinton signed. It lets “professional” real-estate investors use paper losses like depreciation on their buildings against any cash income, even if they end up with negative incomes like Trump.

In Wisconsin, Terrence Wall, who unsuccessfully sought the Republican nomination for U.S. Senate in 2010, paid no income taxes on as much as $14 million of recent income, his disclosure forms showed. Asked about his living tax-free while working people pay taxes, he had a simple response: Everyone should pay less.

5. And (surprise!) since Reagan, only the wealthy have gained significant income.

Those at the top did better. The top 1 percent’s average income more than doubled to $1.1 million, according to an analysis of tax data by economists Thomas Piketty and Emmanuel Saez. The really rich, the top one-tenth of 1 percent, each enjoyed almost $4 in 2008 for each dollar in 1980.

The top 300,000 Americans now enjoy almost as much income as the bottom 150 million, the data show.

6. When it comes to corporations, the story is much the same—less taxes.

Corporate profits in 2008, the latest year for which data are available, were $1,830 billion, up almost 12 percent from $1,638.7 billion in 2000. Yet, even though corporate tax rates have not been cut, corporate income-tax revenues fell to $230 billion from $249 billion—an 8 percent decline, thanks to a number of loopholes. The official 2010 profit numbers are not added up and released by the government, but the amount paid in corporate taxes is: In 2010 they fell further, to $191 billion—a decline of more than 23 percent compared with 2000.

7. Some corporate tax breaks destroy jobs.

Despite all the noise that America has the world’s second-highest corporate tax rate, the actual taxes paid by corporations are falling because of the growing number of loopholes and companies shifting profits to tax havens like the Cayman Islands.

And right now America’s corporations are sitting on close to $2 trillion in cash that is not being used to build factories, create jobs or anything else, but acts as an insurance policy for managers unwilling to take the risk of actually building the businesses they are paid so well to run. That cash hoard, by the way, works out to nearly $13,000 per taxpaying household.

8. Republicans like taxes too.

President Reagan signed into law 11 tax increases, targeted at people down the income ladder. His administration and the Washington press corps called the increases “revenue enhancers.” Reagan raised Social Security taxes so high that by the end of 2008, the government had collected more than $2 trillion in surplus tax.

George W. Bush signed a tax increase, too, in 2006, despite his written ironclad pledge never to raise taxes on anyone. It raised taxes on teenagers by requiring kids up to age 17, who earned money, to pay taxes at their parents’ tax rate, which would almost always be higher than the rate they would otherwise pay. It was a story that ran buried inside The New York Times one Sunday, but nowhere else.

In fact, thanks to Republicans, one in three Americans will pay higher taxes this year than they did last year.

9. Other countries do it better.

Compare this to Germany, one of many countries with a smarter tax system and smarter spending policies.

Germans work less, make more per hour and get much better parental leave than Americans, many of whom get no fringe benefits such as health care, pensions or even a retirement savings plan. By many measures the vast majority live better in Germany than in America.

To achieve this, unmarried Germans on average pay 52 percent of their income in taxes. Americans average 30 percent, according to the Organization for Economic Cooperation and Development.

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David Cay Johnston is a columnist for tax.com and teaches the tax, property and regulatory law of the ancient world at Syracuse University College of Law and Whitman School of Management. He has also been called the “de facto chief tax enforcement officer of the United States” because his reporting in The New York Times shut down many tax dodges and schemes, just two of them valued by Congress at $260 billion. Johnston received a 2001 Pulitzer Prize for exposing tax loopholes and inequities. He wrote two bestsellers on taxes, Perfectly Legal and Free Lunch. Later this year, Johnston will be out with a new book, The Fine Print, revealing how big business, with help from politicians, abuses plain English to rob you blind.

10 Notorious Tax Evaders Who Didn’t Get Away with It Reply

10. Dennis Kozlowski

In May 2006, Dennis Kozlowski was ordered to repay $21.2m in owed New York sales taxes. The tax had been dodged on 12 paintings, including a Monet, a Renoir and a Bouguereau. Added to this charge were several other scandals relating to his former company, Tyco, including $81m in unauthorized bonuses. Kozlowski had reportedly liked to throw his money around; he bragged of his shower curtain costing $6,000. However, 8.5-25 years in prison was a bonus he wasn’t expecting.

9. Steve Rubell

After publicly commenting that his prominent New York Disco, Studio 54, was only outmatched in profits by the Mafia, Steve Rubell drew considerable attention from the Feds. Comparing his income to that of the world’s most prominent criminal organization was probably not the wisest move. After a raid on the club, Rubell and his associate were charged with tax evasion to the tune of $2.5m in unreported earnings. Heavy fines and a 42 month jail term were handed out. I guess the judge felt unable to just blame it on the boogie.

8. Joe Francis

Joe Francis, creator of the ‘Girls Gone Wild’ brand, has a strangely drooping face that carries an arrest-worthy suggestion of sleaze; but it was on his tax return that the law caught up with him. Accused of filing over $20m in fabricated business deductions on corporate tax returns, Francis pleaded guilty to filing false tax returns as well as bribing Nevada jail workers in 2009. He was ordered to pay fines totaling $250,000 in addition to racking up jail time. ‘Girls Gone Wild’ may have been a financial success, but ‘Calculators Gone Wild,’ in the end, proved a terrible investment.

7. Edward and Elaine Brown

Believing that the world was locked in a conflict between God and the secretive Illuminati-backed US government, Elaine and Edward Brown felt quite justified in not paying tax, and indeed going to great lengths not to. Bolstered by the material support of sympathizers, the couple locked themselves in their New Hampshire home and protected their fortress with armaments and booby-trapped surroundings. Undercover federal officers infiltrated their home, however, and promptly arrested them before any violence could break out. In October 2009 and January 2010, Elaine and Edward were sentenced to 35 and 37 years in prison respectively.

6. Jack Abramoff

Jack Abramoff, an influential lobbyist and businessman, was convicted in 2006 of charges of conspiracy, honest services fraud and tax evasion, though the investigation which led to his conviction was just the tip of an iceberg that revealed focal-points of corruption deep within the American political system. Owing the IRS $1.7m, notwithstanding the other charges he faced, Abramoff was sentenced to 6 years, of which he served 3 and a half.

5. Igor Olenicoff

It doesn’t matter how rich one gets, some people just want more! This was the case with Russian-born billionaire real estate developer Igor Olenicoff, who filed dodgy tax returns which omitted accounts holding up to $200m. Pleading guilty at trial in Santa Anna, CA, in 2007, he paid back the $52m in owed taxes and received 2 years’ probation. With a net worth of almost $2bn, however, he’s unlikely to feel the pinch.

4. Victor Posner

Victor Posner was an innovative businessman and ruthless corporate raider who is credited with popularizing the term “leveraged buyout” and pioneering the hostile takeover. He was also a noted philanthropist, but given that his 1987 conviction for tax evasion was based on deliberate overvaluing of a charitable donation in order to deny the IRS millions of dollars, one has to wonder if he was motivated by his heart or his number-crunching head. As well as paying out $4m in back taxes, penalties, interest and fines, he had to give $3m of his fortune to the homeless (in 1984 he had a net worth of $250m) and work with them for twenty hours a week, every week, for five years.

3. Leandro P. Rizzuto

Despite a 2008 net worth of $1.4bn, the founder of Conair, Leandro Rizzuto, hasn’t always had it easy. Perhaps with the aim of climbing higher up the Forbes Rich List, or perhaps simply because he could, Rizzuto funneled millions of dollars of kickback money into various foreign bank accounts, the existence of which he neglected to mention to the IRS. In 2002 he pleaded guilty to tax fraud and was sentenced to just over three years in prison, while also paying the IRS almost $2m for the six year’s worth of federal taxes he had dodged. Con-air indeed…

2. Leona Helmsley

Shockingly, someone with the nickname “The Queen of Mean” turned out to not be the kind of person who abides by the rules of civil society – like paying taxes. Billionaire hotel operator Leona Helmsley had a particular philosophy when it came to taxes. As her housekeeper famously testified, Helmsley felt that: “We don’t pay taxes. Only the little people pay taxes.” Apparently, Helmsley also didn’t feel that she should pay her bills, and when disgruntled contractors took her to court over a $8m mansion remodeling contract they felt it only fair to mention that Helmsley had been deducting the cost as hotel expenses. A sentence of 16 years in prison swiftly followed, although it was later significantly reduced.

1. Walter Anderson

Some people say that if you’re going to lie, you may as well tell a big lie. This certainly seems to have been telephone entrepreneur Walter Anderson’s philosophy when in 1998 he claimed he owed only $495 in tax on a reported income of $67,939. His actual income was around $126m, but he didn’t stop there. He admitted as part of his plea that he had hidden $365m overall, and was sentenced to nine years in prison and ordered to pay $200m in restitution. Clearly nobody ever told him that not only does crime not pay, but it can end up leaving you with the bill.