Monthly Archives: October 2016

Hillaryeconomics: Swelling the State

30 Sunday Oct 2016

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Who cares about Hillary Clinton’s economic plan while her campaign quivers in the shadow of Weiner’s hard drive? Despite all the hubbub over Mrs. Clinton’s sloppy security practices, and her lies and destruction of evidence regarding those practices, it’s a good idea to remind ourselves of some of the frontrunner’s policy proposals and the general philosophy that informs them. Daniel J. Mitchell must have been feeling jovial when he took a crack at deciphering Hillary Clinton’s economic plan. He offered translations of each of 42 Hillary catch-phrases, but the translations were identical:

“Notwithstanding all the previous failures of government, both in America and elsewhere in the world, I’m going to make American more like Greece and Venezuela by using coercion to impose more spending, taxes, and regulation.“

Mitchell highlights two general themes at the start: one is the left’s constant misuse of the term “investment’ to describe spending on almost any government initiative; the other is the still fashionable Keynesian theory that a low-productivity government can make the economy grow by a multiple of any claim on resources it deigns to make.

I’ll try to do Mitchell one better. Here’s a run-down of the catch-phrases he cites along with my own interpretations:

  • “…support advanced manufacturing” — because the government is adept at picking winners with taxpayer money, like Solyndra. Does “advanced manufacturing” involve politically-favored outputs, as opposed to market-favored outputs? Does it involve robots, or workers? Is it somehow preferable to “advanced services”?
  • “a lot of urgent and important work to do” — there oughtta’ be more laws;
  • “go out and make that happen” — we must impose the heavy hand of the state;
  • “enormous capacity for clean energy production” — …if only we can provide our cronies with enough subsidies on your dime;
  • “if we do it together” — …kumbaya; we’ll wreck the private economy together;
  • “things that your government could do” — like, wreck everything;
  • “I will have your back every single day” — …with a sharp knife, in case it’s in my interest to betray you;
  • “make our economy work for everyone” — we’ll redistribute your wealth;
  • “restore fairness to our economy” — be prepared to share your success;
  • “go to bat for working families” — …by punishing your employer; but look, we have freebies!
  • “pass the biggest investment” — mandatory campaign promise;
  • “modernizing our roads, our bridges” — shovel-ready” projects;
  • “help cities like Detroit and Flint” — redistribute resources to poorly-governed communities and impose federal oversight;
  • “repair schools and failing water systems” — because local needs and the federal government are a perfect match;
  • “we should be ambitious” — about government domination;
  • “connect every household in America to broadband” — even if they don’t want it, and even if they’ve chosen to live in the badlands; at your cost, of course;
  • “build a cleaner, more resilient power grid” — reduce carbon emissions by inflating your utility bill; dismantle markets and direct energy resources centrally;
  • “creating an infrastructure bank” — we need another big federal agency, extending control and conjuring opportunities for cronyism and graft;
  • “we’re going to invest $10 billion” — Whew! I thought you were going to say $100 billion. But… can you define “investment”?
  • “bring business, government, and communities together” — …we’ll be as one at the federal level;
  • “fight to make college tuition-free” — so that even the least qualified have a strong incentive to enroll, on your dime;
  • “liberate millions of people who already have student debt” — because meeting the terms of a contract is a form of enslavement;
  • “support high-quality union training programs” — with federal subsidies on your dime; non-union training programs would be so …exploitative;
  • “We will do more” — …cause we’re from the government, and we’re here to help!
  • “Investments at home” — Invest? Can you define that? Do you mean “spend”?
  • “we need to make it fairer” — … by redistributing your income to others;
  • “we will fight for a more progressive…tax code” — reduce those ugly private work incentives and quash the bourgeois tendency to save and invest in physical capital;
  • “pay a new exit tax” — don’t get the idea it’s YOUR company; you didn’t build that;
  • “Wall Street, corporations, and the super-rich, should finally pay their fair share” –because the highest corporate tax rate in the industrialized world is not high enough, and besides, we can pass the booty back to elites in myriad ways, as long as they give to the Clinton Foundation;
  • “I support the so-called ‘Buffett Rule'” — …to quench the thirst of class warriors;
  • “add a new tax on multi-millionaires” — we must tax wealth because a high income tax rate just isn’t enough to encourage capital flight;
  • “close the carried interest loophole” — cause we think that loophole actually exists, and hey, it sounds good to class warriors;
  • “I want to invest” — Invest? Can you define that? Do you mean “spend”?
  • “affordable childcare available to all Americans” — …so that no parent need pay any attention to price; but your tax credit will diminish if you earn extra income, so don’t earn too much, for God’s sake!
  • “Paid family leave” — …because it isn’t expensive enough to hire you already;
  • “Raising the federal minimum wage” — … so the least skilled will be jobless and dependent on the state;
  • “expanding Social Security” — …so what if it’s already insolvent? Oh, you must mean “expanding” payroll taxes!!
  • “strengthening unions” — …because we mean to kill the sharing economy, and it isn’t expensive enough to hire you already;
  • “improve the Affordable Care Act” — if it’s broke, break it more thoroughly;
  • “a public option health insurance plan” — …shhh… don’t say single payer!
  • “build a new future with clean energy” — in our judgement, your inflated utility bills will help all mankind; besides, we want to take control, and wreck something.
  • Bonus: “wage equality once and for all” — because it should be illegal for employers to pay based on occupational risk, demands for paid leave and flexible hours, skill differentials and available supplies.

Lest you think my interpretation of that bonus quotation is unfair, remember: the so-called gender wage gap is almost entirely explained by the factors I’ve listed.

Hillary Clinton’s economic view is straight out of the statist theater of the absurd. Joseph Stiglitz, one of Hillary’s economic advisors, in 2007 endorsed Venezuelan socialism under Hugo Chavez, which proved to be disastrous. Was she forced to the left by Bernie Sanders? To some extent, perhaps. But Peter Suderman notes that Clinton’s current policy agenda constitutes a thorough rejection of Bill Clinton’s economic policies. The irony!

Hillary’s “Fix”: Obamacare Squared

26 Wednesday Oct 2016

Posted by in Obamacare

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One of Hillary Clinton’s “public positions” is that Obamacare needs a few “fixes”, a considerable understatement. Meanwhile, Wikileaks has revealed that she has “privately” rooted for the failure of Obamacare. For that reason, Bill Clinton’s recent slip-up, in which he portrayed Obamacare as a “crazy” system, had a certain Freudian quality. Indeed, Obamacare looks crazier every year, especially in the middle of premium-hike season.

One of Hillary’s so-called “fixes” is the creation of a “public option”, or health insurance offered by the government to compete on exchanges with private insurance. Private health insurers, with the expiration of the so-called “risk corridors”, do not have continuing access to the public purse to cover their losses; going forward, they must price coverage at rates covering the cost of their respective risk pools. The government, on the other hand, is likely to have pricing flexibility. If exercised, there will be little hope for private insurers to “compete” without bailout money. Health insurance coverage, then, is likely to devolve into a single-payer monopoly, and control over health care delivery will be increasingly monopolized as well.

Sally Pipes says the “public option” is a politically attractive way to make a single-payer system inevitable:

“But progressives face the same problem pushing single-payer they always have — the public won’t stand for it. So they’re dusting off an old idea that will get them to single-payer without using those words.“

So the path from Obamacare to a single-payer system is likely to involve a public option in one form or another. John C. Goodman points out that expanding Medicaid is one way to create a broad public option. Medicaid reimbursement rates are low, however, which is why many doctors refuse to accept patients with Medicaid coverage. Such might be the quality of future coverage under an “affordable” public option. And if Medicaid is enhanced so as to appeal to middle class families, it will be correspondingly more expensive. But for whom? More than likely, the tab will be paid by a combination of insureds and taxpayers. And more than likely, the number of competing Medicaid plans (most of which are now privately offered and managed (e.g., Centene Corporation)) will dwindle.

Christopher Jacobs says that when Obamacare became law, health insurers had every expectation that they’d be bailed out by the government indefinitely. Continuing reimbursement for losses was never guaranteed, however. The pressure to backstop the insurers’ profitability will be stronger as the debate over “fixing” Obamacare advances. But as Jacobs warns, ongoing bailouts mean that these insurers are essentially controlled by the government. The private insurers would essentially become heavily-regulated entities managing the operational details of a de facto single-payer system.

So, there are three distinct possibilities under a Hillary Clinton presidency, assuming she can get any of them though Congress: 1) a public option with no private bailouts; 2) a public option with ongoing bailouts; and 3) no public option with ongoing bailouts. Ultimately, all of these scenarios are likely to devolve toward a de facto single-payer system. So we will have monopoly, central control of health care, and/or bailouts. Who was it that said government is the way we wreck things together?

Hillary has some other “fixes” in mind. Some of these involve more regulation of coverage and pricing, such as mandatory provision of three free “sick” visits with a provider each year and in-network pricing for emergency procedures. These steps will add to the cost burden on private insurers.

Regulating drug companies more heavily is another favorite Hillary Clinton theme, but regulation is perhaps the primary reason why the drug development process is so lengthy and costly. The theory that government will be more effective at negotiating drug prices than insurers is suspect. Outright price regulation is likely to mean reduced availability of various medicines. Patent reform and an expedited drug approval process would be a more effective approach to reducing drug prices.

Clinton has also proposed a tax credit for out-of-pocket health care costs exceeding 5% of income. We’ll need higher tax rates, lower deductions and credits elsewhere, or higher deficits to pay for this one.

Finally, Hillary wants to expand eligibility for Medicare to anyone 55 and older, but as Goodman explains, the kind of Medicare Advantage plans that would be made available to “near seniors” under this proposal are similar to those already offered by private insurers, and at lower cost, and premia for these plans are often payable with pre-tax dollars, or the buyers may be eligible for tax subsidies. This proposal might sound appealing, but it is unlikely to accomplish anything except to create more administrative overhead, regulation and diminish existing offerings.

Obamacare has injected a high degree of central planning into the health care system with disastrous results. It has fallen far short of its own objectives for reducing the number of uninsured, “bending the cost curve” downward, and avoiding disruptions to existing coverage and patient-doctor relationships. Choices have narrowed in terms of coverage options and within networks. Obamacare has imposed unnecessary costs on providers and encouraged a monopolization of health care delivery, hardly a prescription for affordability. And Obamacare has proven to be a budget buster, contrary to the advance hype from its proponents.

I remember standing in a pharmacy shortly after Obamacare was enacted, and I heard a sharp-voiced leftist telling a clerk that Obamacare was just a bridge to single-payer health care. I tried to mind my own business, thinking it unproductive to engage such an individual in public. This fellow was quite pleased with the clever deception that was Obamacare. It was never a secret that the progressive left hoped single-payer would be the ultimate outcome, but it’s interesting to witness their discomfort with the way things are unfolding. Surely they must have known that if “fixes” were necessary, something would have to be broken. Perhaps they thought the politics would get simpler, but the shortcomings of the health care law have inflicted too much pain and shame.

I’m tempted to say that the health care system can be improved only by doing precisely the opposite of everything Clinton has proposed. There’s some truth in that, but it’s not quite that simple. The path to better and more affordable health care is to end the dominant role of third-party payers, placing responsibility on price-sensitive consumers, allowing a variety of choices in coverage, ending tax preferences, reducing regulation and encouraging real competition in the markets for coverage and medical care. Reform of the patent system could introduce more competition to markets for pharmaceuticals. The Medicaid system will have to be relied upon to cover those who otherwise can’t be insured at affordable rates. Proposals for federal funding of Medicaid through block grants to the states is an avenue for achieving greater efficiency and better health care outcomes.

Hillary Clinton’s “fixes” are all likely to exacerbate the worst failings of Obamacare for consumer-patients and taxpayers. More federal spending commitments will not solve the structural problems embedded in the health care law. It will magnify them. The hope among the progressive left remains that single-payer health care will evolve out of the Obamacare system once it is “fixed”. And what will we get? More complete monopolies in coverage and care, higher prices, central regulation, narrowed choice, waiting lists, denial of care, and some combination of higher taxes and deficits. In other words, a more radical version of Obamacare.

A Land Under The Rule of Hillary

20 Thursday Oct 2016

Posted by in Corruption

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I just had to laugh when I saw a progressive cite “the rule of law” as a compelling reason to vote for Hillary Clinton. First, while she might not be a policy clone of Barack Obama, you can bet that she’ll take a similarly dismissive view of Constitutional principles, subjugating our governing framework to her own brand of executive authority whenever and wherever possible. The rule of law hasn’t stopped the Clintons from proving their cronyist bona fides, using positions of power to reward friends, foundation contributors, and to accumulate personal wealth. The Clinton’s are inveterate liars, having misled the American public on numerous occasions, as well as Congress. In 1996, New York Times writer William Safire called Hillary Clinton a “congenital liar“. The Clinton’s are also vindictive: they have done their level best to destroy the reputations of various enemies over the years, and there is widespread suspicion that much dirtier deeds have been perpetrated in order to protect their interests.

Foundation of Graft

I quote here the opening paragraph of a July post on Sacred Cow Chips entitled “Clinton Foundation Domain of Darkness“:

“Hillary Clinton provides a fascinating case study in the art of graft, and the Clinton Foundation provides her with brilliant cover. The foundation masquerades as a legitimate charity, avoids taxes, and it provides a vehicle for what’s known as ‘pay-to-play’ influence-buying. It appears that Bill Clinton made a lucrative career of this while his wife was serving in public office. It was a sensitive issue when Hillary Clinton was Secretary of State, given the potential for compromising national objectives. It is still sensitive in view of the many gifts to the Clinton Foundation provided by foreign entities, not to mention the handsome speaking fees paid by foreign entities to the Clintons.“

Now we know, thanks to Wikileaks, that certain Clinton Foundation (CF) contributors and “Friends of Bill” (FOBs) were given priority access to Hillary Clinton and other senior State Department officials.

The next few paragraphs contain information described more fully at the first link above. The first point is the Clinton’s cozy relationship with Russian interests. CF accepted contributions from individuals hoping to arrange a large deal giving Uranium One, a Russian company, control of one-fifth of all uranium production capacity in the U.S., a deal that Hillary Clinton’s State Department had to approve. Sounds like pay-for-play to me!

Also noteworthy is the relationship between CF and Laureate International Universities and Walden University Online, which have been accused of scamming earnest students. CF received substantial donations from Laureate‘s chairman, and Bill Clinton received millions as honorary chancellor of Laureate. In turn, Laureate received millions in State Department grants.

The devastating earthquake that struck Haiti in 2010 provided another avenue through which the Clinton’s were able to enrich their cronies. The complicated web of relationships included CF ties to organizations that received State Department funding. Here is Dinesh D’Souza:

“… a number of companies that received contracts in Haiti happened to be entities that made large donations to the Clinton Foundation. The Haitian contracts appeared less tailored to the needs of Haiti than to the needs of the companies that were performing the services. In sum, Haitian deals appeared to be a quid pro quo for filling the coffers of the Clintons.“

Gifts from foreign governments to CF are clearly red flags of potential influence buying. Many of the donors were Middle Eastern governments eager to acquire weapons from the U.S.  Hillary Clinton’s State Department, once again, was in a position to help them. Via Wikileaks, we know that Clinton’s campaign has been accepting contributions from lobbyists representing these governments. The Huffington Post‘s Senior Politics Editor, Sam Stein, says that Qatar’s $1 million birthday gift to Bill Clinton “confirms sort of the worst portraits of the Clintons and how they operated out of office.” What other favors could a Clinton presidency make possible?

As a charity, CF performs poorly, with less than 6% of its 2014 spending going to actual charitable causes, contrary to Hillary Clinton’s claims that 90% went to charity. The last link provides the following quote from The Federalist regarding historical totals from CF:

“The Clinton Foundation’s three largest charitable ‘program service accomplishments,’ according to its tax reports, are the Clinton Global Initiative ($23.2 million), the Clinton Presidential Library ($12.3 million), and the Clinton Climate Initiative ($8.3 million).”

The article also quotes Ira Magaziner, once among the top executives at CF:

“This is not charity. The whole thing is bankable. It’s a commercial proposition.”

The Vengeful Touch

The Clinton’s have a reputation for being vindictive and for being fairly ruthless in dealing with those who cross them. Here is a story on a Clinton request to discredit Congressman Trey Gowdy, who was looking into her deleted emails:

“Jennifer Palmieri, director of communications for the 2016 Hillary Clinton campaign, wrote an e-mail to staff where she says, ‘HRC asked me what offense we could do today to set up Gowdy for Face The Nation tomorrow.’“

This story about a detailed list of Hillary Clinton’s enemies is instructive. Apparently, Claire McCaskill and John Kerry were at the top of the list after the 2008 presidential campaign.

Hillary is also known to be extremely ill-tempered. Check out this account of Hillary Clinton’s post-townhall tirade against moderator Matt Lauer, according to a female NBC producer and a cameraman. Hillary was enraged because Lauer had asked a pointed question about her private email server and her handling of classified documents, a question that did not appear on the pre-approved list provided to her in advance of the townhall. She threw a profanity-laced tantrum upon leaving the stage, according to these accounts. She promised to have Lauer fired threw a glass of water into the face of an assistant, and finally delivered an arguably racist insult to DNC Chair Donna Brazile’s face.

There are many accounts of Hillary Clinton’s abusive behavior toward staff, both at the White House during her tenure as First Lady and later at the State Department. Here is the latest, from an FBI summary of an interview with one of its own security officials:

“CLINTON’s treatment of the DS [diplomatic security] agents assigned to protect her was so contemptuous that many of them sought reassignment or employment elsewhere. …by the end of CLINTON’s tenure, [her protective detail] was staffed largely with new agents because it was difficult to find senior agents willing to work for her.”

The FBI’s summary of the interview also describes Clinton’s routine violation of standard security protocols.

It’s long been rumored that the Clinton’s have dealt quite harshly with enemies who pose legal threats. The number of mysterious deaths of individuals who were apparently dangerous to the Clintons could be a series of strange coincidences. However, the laws of probability don’t provide strong support for that theory. Perhaps many of the deceased individuals were involved in other dangerous activities, but that would not reflect well on the Clintons, either. There are web sites that keep track of the Clinton “body count”. Left-leaning sites such as Snopes.com routinely label that scorekeeping as pure speculation and false, but often do so even before investigations are complete. Three recent deaths, discussed here, involved individuals believed to have information damaging to the DNC and/or the Clintons.

Security and the Email Imbroglio

Hillary Clinton’s careless and criminal email practices should convince any American that she is unfit for the job of President. Her efforts to obstruct the investigation into those practices are nothing short of spectacular, and are themselves worthy of prosecution. It’s even more appalling and corrupt that she has Obama’s Justice Department and FBI Director James Comey in the tank, so prosecution is unlikely to proceed without extraordinary developments. Fortunately, Wikileaks and FOIA requests have uncovered some of the deleted emails. It’s also clear that the FBI is in a state of internal revolt over the questionable handling of the email investigation and Comey’s ultimate refusal to recommend prosecution. The revolt could lead to additional revelations having major consequences for Clinton, Comey and others inside the government.

Austin Bay condenses Clinton’s email scandal into a “Three-Headed Crime” and highlights the bastardized way in which Comey managed to compromise his agency:

  • The Server Head: the “rogue email server … that she controlled. … designed to evade laws regulating the retention of government documents and thus evade scrutiny and accountability.“
  • The Loose Lips Head: “Hillary used her off-the-books and non-secure server system to transmit and analyze classified national security information ….“
  • The Nixon Head: “Hillary and her aides tried to hide evidence the rogue server existed and evidence they routinely mishandled of classified information.“

The email scandal came to light as a result of the Administration’s response to the terrorist attack on an American diplomatic compound in Benghazi, Libya. Here is Bay:

“The House of Representatives began investigating the Benghazi attack and questioning the Obama Administration’s Great Benghazi Lie. Testimony wasn’t the only issue. The House had subpoena power. Providing inquisitive representatives and senators with Hillary’s Benghazi-related communications would expose the rogue email operation. Better start destroying evidence.“

Bay notes that even Jonathan Turley, who had originally defended Comey’s decision not to refer the email case for prosecution, changed his mind as more details came to light. Apparently, the revelation that the Justice Department gave “immunity to the parties on both ends of those communications” struck Turley as a tactic wholly unsuitable for a serious investigation. He doesn’t quite say that Comey or the DOJ were acting on Hillary’s behalf, but the case certainly gives that appearance.

The Press In Her Pocket

My attempt to get a fix on the suspicious history and current state of the Clinton’s and their gang of operatives relies, to some extent, on nontraditional news sources. The mainstream media is willing to ignore Hillary Clinton’s many transgressions, with almost no mention of the latest Wikileaks dumps, FBI document releases, and other documented Clinton indiscretions. Kimberley Strassel is correct in saying that this is in no small part Donald Trump’s fault, as he manages to create a circus of distractions on an almost daily basis. Here is her conclusion:

“Mrs. Clinton has been exposed to have no core, to be someone who constantly changes her position to maximize political gain. Leaked speeches prove that she has two positions (public and private) on banks; two positions on the wealthy; two positions on borders; two positions on energy. Her team had endless discussions about what positions she should adopt to appease ‘the Red Army’—i.e. ‘the base of the Democratic Party.’

Voters might not know any of this, because while both presidential candidates have plenty to answer for, the press has focused solely on taking out Mr. Trump. And the press is doing a diligent job of it.“

It’s ironic that the press takes so little interest in the Clinton misadventures. Or rather, the truth is that many in the press intentionally omit reporting of these issues. That helps to maintain a solid base of low-information voters in Hillary’s thrall, under the misapprehension that she has any respect for the rule of law.

Saving Social Security

14 Friday Oct 2016

Posted by in Privatization, Social Security

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Social Security benefit levels are anything but sure for current workers, given the likelihood of benefit cuts to preserve the long-term solvency of the system. In fact, even without those cuts, Social Security provides very poor yields for retirees on their lifetime contributions. Instead of a tradeoff between risk and return, the system offers bad outcomes along both dimensions: lousy benefit levels that are not at all “safe”.

To get a clear sense of just how bad the returns on Social Security contributions (i.e., FICA tax deductions) truly are, take a look at this Sacred Cow Chips post from late 2015: “Stock Crash At Retirement? Still Better Than Social Security“. According to the Social Security Administration’s own calculations, without any future changes in the program, a retiree can expect to get back 1 to 4 times their lifetime contributions (obviously, this is not discounted). If you think that’s acceptable, consider a real alternative:

“Suppose you are given an option to invest your FICA taxes (and your employer’s [FICA] contributions) over your working life in a stock market index fund. After 40 years or so, based on historical returns, you’ll have stashed away about 12 – 18 times your total contributions (that range is conservative — 40 years through 2014 would have yielded 19x contributions). A horrible preretirement crash might leave you with half that much.“

Allowing workers to self-direct their contributions over a lengthy working life, whether they invest in equities, government bonds, or other assets, holds much more promise  as a way to provide for their retirement needs.

As for risk, projected benefit levels are worse when possible program changes are considered. It’s widely accepted that changes must be made to the way contributions by current workers are handled and how future benefits are determined, or else the system’s value to them will be a greatly diminished. The Social Security Trust Fund, which once funded government deficits via FICA surpluses over benefit disbursements (while the demographics of the labor force allowed), has dwindled, and it has never been invested to earn the returns necessary for long-term solvency. Shall today’s workers face later eligibility? Reduced benefit levels? Or both? Or can we face up to the reality that workers will do better by choosing the way their funds are invested?

The contributions of today’s workers are paid out directly to current retirees. This practice must be modified, but the nation still faces a large and immediate liability to current retirees. How will it be paid if the system is overhauled to allow self-directed investment alternatives? Current workers must pay for some portion of that liability, but that portion could be phased out over several decades. The transition, however, would initially require additional taxes, borrowing, or voluntary conversion by some retirees to a discounted cash-balance equivalent, much as most private sector defined-benefit pensions have been converted to cash-balance equivalents.

Ultimately, workers should benefit from their own individual contributions. One objection is that self-directied investments and “privatization” of one’s own contributions would cause the system to lose its function as social insurance. Recall, however, that eligibility for benefits requires contributions, so it is not a general program of assistance. Nevertheless, there are several ways in which Social Security fulfills an insurance function. In a strong sense, it provides insurance against the risk of failure to save for retirement. More fundamentally, disabled workers can qualify for benefits, and the dependents of a deceased contributor are also eligible (survivors’ benefits). In addition, the current system provides greater returns to individuals with relatively low contributions. Under self-direction, these features could be retained via minor redistributional elements applied to investment returns, particularly given the superior returns available to equities over periods of sufficient length.

When U.S. politicians discuss the future of Social Security, they usually say they’ll fight against the dark intent of those who wish to take away hard-earned benefits from seniors. This despite the fact that few (if any) observers have suggested cutting benefits for current retirees, or even for those now approaching eligibility. The self-righteous proclamations about protecting retirees are a dodge that avoids the need to take a position on dealing with the system’s insolvency. But an easy answer is available: reform the system by allowing workers to self-direct their contributions into more promising investment vehicles.

Trumpist In a Taxpot

06 Thursday Oct 2016

Posted by in Taxes

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The media narrative around Donald Trump’s 1995 tax deduction of a business loss would have you think it had been the crime of the century. Last weekend, the New York Times presented an analysis of a Trump tax return from 1995 showing a loss of $916 million, which was eligible for “carry forward” to reduce taxes on his business income in future years. The Times characterized it as something of a scandal, and the Clinton campaign was quick to jump on board. However, the ability to deduct losses or carry them forward to deduct in future years are basic features of the U.S. income tax code. Hillary Clinton used the same tax provisions as recently as 2015, albeit on a smaller scale than Trump, and the Clinton’s have engaged in other forms of tax avoidance. The point here is that if your business realizes gains from some winning investments, but suffers losses on a few others, a basic and reasonable feature of the tax code is to allow the losses to offset a like amount of gains for tax purposes. Similarly, your winnings at the casino (assuming you report them) are not taxed without first netting out the bad bet you made at the roulette table. So far, so good.

When you or your business suffers a loss in a given year, the income tax code allows that loss to be carried forward to offset taxable income in subsequent years. Since the Times article, the term “net operating loss” has been thrown around in some circles as if it’s an arcane tax loophole, but it’s simply good tax policy. John Cochrane provides an example of an entity which alternately reaps gains of $1,000,000 in one year and losses of $900,000 in the next, with an average pre-tax income of $50,000. Without loss carry-forward, this entity would be forced out of business in short order by the IRS. The use of this provision is not uncommon, and it prevents the tax code, such as it is, from being even more threatening to enterprises and jobs that are otherwise viable. Suggesting the elimination of this provision leaves tax experts in disbelief. The effects would be punitive to many businesses, not just corporate behemoths, and would be destructive to the economy.

Cochrane also puts the “blame” for this much-maligned deduction where it should be: the existence of the income tax itself! A consumption tax would not be as sensitive to changes in income, as people tend to smooth their consumption levels over time.

Another question related to the Trump tax revelations would be more controversial, if true: that he might have engaged in so-called “debt parking“. That’s unproven, but Bronte Capital Management‘s John Hempton blogged that it’s highly likely that he did. The alleged sequence of events is as follows: Trump borrowed money and invested it in assets that resulted in massive losses. The losses meant the debt held by Trump’s lender was nearly worthless. If that debt had been forgiven and written off by the original lender, Trump would have been forced to report a large gain, offsetting the tax benefit of the loss on his assets. But as Hempton’s story goes, the lender did not write it off. Rather, in the meantime, Trump created an entity that bought the debt from the lender for pennies on the dollar. After the sale, the write-down taken by the lender was not attributable to Trump as income. Trump’s “entity” simply served as a place to “park” the debt, protecting Trump’s tax benefits via loss carry-forward.

Megan McArdle addresses this issue, but she first reinforces the policy wisdom of the loss provisions in the tax code. McArdle ridicules the notion that businesses seek to generate losses in order to obtain tax deductions. She then  debunks the debt-parking theory of Donald Trump’s tax management:

“This theory seemed to have a lot of credibility among folks on social media. Among the tax professionals I spoke to, it had none: the IRS would treat this sort of structure just as it would if a third party had forgiven the debt.

‘Look,’ says [tax attorney Ron] Kovacev, ‘you put a $900 million loss on your tax return, that’s audit bait. The IRS is going to look into it. The notion that you could just move the money and the IRS wouldn’t ask questions?’ There was a sort of incredulous pause before he finally said: ‘That’s hard to fathom.’“

One other question about the 1995 tax return is whether the $916 million loss proves that Trump is a lousy businessman. In fact, there is speculation that Trump’s losses around that time might well have been much larger than that. He suffered staggering failures in his casino business, his airline, and his investment in New York’s Plaza Hotel. It might not be so remarkable, however, to see a few losses on this scale for a developer investing in a variety of large projects. Big risk goes with the territory. Nevertheless, it doesn’t appear that Trump, having begun his business career with large amounts of family money, has achieved tremendous success with that capital over the years, on balance. Rather, it looks more like the kind of success an average investor would have achieved under the same initial circumstances. The losses claimed on his 1995 tax return obviously restrained his overall gains, but they don’t prove he’s a terrible businessman. He’s probably fairly average.

Both Trump and Clinton have exploited a rule in the income tax code that helps smooth after-tax profits and is a basic element of income tax rationality (given that it exists in the first place). It’s rather absurd for anyone to condemn them for it. Even more absurd for either of them to cast aspersions at the other on these grounds. Would Hillary Clinton do anything to restrict the longstanding ability to carry forward losses to deduct against future taxes? I’m thankful that I haven’t heard her say so!