by Jay Stevens

As a regular outspoken critic of Max Baucus, I suppose it’s fair to give him his due when he does something cool. Like get in a heated exchange with Treasury Secretary Henry Paulson over closing the gap between owed taxes and paid taxes:

Baucus, D-Mont., who has focused for years on the so-called “tax gap” between what Americans owe and what they actually pay, held another hearing on the issue Wednesday. Since 2001, the government has failed to collect more than $2 trillion in legally owed taxes, he said.

“Yet the administration does not appear to take this job seriously,” Baucus said.

Paulson, a good administration soldier, bristled. Basically he’s happy with the 85 percent compliance rate for taxpayers. Baucus was not happy. Hilarity ensued.

Are you thinking what I’m thinking? Eighty-five percent? Almost one in five tax dollars remains uncollected? Sign me up! Right? I mean, that’s a lot of tax dollars going uncollected, they won’t miss little piddly contribution to Bush’s grandiose and delusional foreign policy schemes!

Not so fast. If you’re like me, a regular working joe with a five-digit income, you won’t be getting away with cheating. That’s right! The IRS has stepped up its scrutiny of middle-class taxpayers.

Admittedly the frequency of audits are much higher if you earn a million or more. But what about the super wealthy? The Bush administration has cut the IRS staff investigating the wealthiest Americans in half. Additionally, while IRS staff investigating the super-rich have gone down, the complexity of the tax laws has shot up, and it’s the super-rich with their paid accountants and tax specialists who have the tools and the resources to exploit those laws.

A study of Walmart’s earnings against its taxes shows how much it cheated state governments out of its rightful income. According to the report, Walmart and other multi-state corporations cook their books and shift income made in states with income taxes to states without.

How much is it bilking US taxpayers?

Over those seven years, Wal-Mart reported $77.4 billion in pretax U.S. profits to its shareholders. But it reported a total state income tax bill of only $2.4 billion, just 3.16% of those profits.

That’s less than half of what it should be. Or about two and half billion withheld from state coffers.

Or take this account of tax cheat and Swift Boat financier, Max Wyly, who cheated the government of $300 million.

Wyly did his cheating through an offshore scheme that hid $1 billion in profits via Isle of Man “shell companies” that existed only on paper, were registered under front men to hide the Wylys’ names, and were used to carry out transactions and launder money. And that’s only the hidden income that was found. The Dallas mogul, with a $1 billion admitted net worth, may be guilty of the biggest personal tax fraud in U.S. history.

According to the report, this type of tax cheating is common among the super-wealthy and large corporations.

According to the IRS, business executives have used such shelters to evade taxes on $8 billion in income. Assume that means “at least.” And that’s just one swindle in the panoply of tax cheating which the IRS says contributes to the loss of $40 billion to $70 billion a year from individual use and $30 billion from corporate use of tax havens.

[snip]

Those numbers are probably low: According to a Tax Justice Network report quoted by the Senate investigation and based on statistics from Merrill Lynch/Cap Gemini’s “World Wealth Report” and the Boston Consulting Group’s “Global Wealth Report,” 16.2 percent of the private wealth of North Americans, $1.6 trillion, is held offshore. The overwhelming reason for that is tax evasion.

The Bush administration has largely ignored this form of tax cheating, which is strictly limited to the richest among us. Why? Maybe because Wyly and Walmart are huge contributors to the President and to the Republican party.

Senate Democrats have taken this issue up and are looking to close off the offshore loopholes that allow the most egregious tax cheating. Barack Obama (D-IL), Carl Levin (D-MI) and Norm Coleman (D-MN) have sponsored the The Stop Tax Haven Abuse Act (S-681) (pdf), which would effectively end this practice.

So Secretary Paulson is dead wrong when he claims the government would be unable to close the tax gap. The Senate is sitting on a bill that would greatly aid the collecting of taxes from the country’s biggest cheats.

If Senator Baucus is genuinely concerned about narrowing the tax gap, he should enthusiastically endorse, promote, and push Senate bill 681 through Congress.


  1. *snaps* Good One!

    Lets all get working on this one. Thanks for the tip!

  2. I cannot confess to be optiministic that the “tax gap” is anything but spurious. It’s more probable that it’s politics over policy:

    http://www.mises.org/story/2131

    I’m certain numbers could be trodded out to support the theory, however, the theory discounts opportunity cost, making the market irrational.

  3. You’re opening the door for another crackdown on middle and working class Americans. The center of IRS enforcement efforts for years is around a form “1099 Misc” on which income from independent contracting is reported. This is your carpenter and plumber – little guys hiding money away from not one, but two taxes – income and self-employment. Typically our combined state and federal taxes will take anywhere from 29% to 50% of those dollars, and little guys are quite sane to try and hide them away. Crackdown efforts over the years via 1099 reporting have been hugely successful.

    If there is a crackdown on underreporting, it won’t be on tax shelters for the rich – it will be on the guy who unclogs your toilet. Be careful what you wish for.

  4. You guys are tossing out red herrings, fellas.

    The Obama-Levin-Coleman bill specifically cracks down on the offshore accounts used by the ultra-rich. This isn’t about increasing audits or going after middle-class folks. That’s what the point of my post was. Let’s make the crackdown fair and go after the biggest tax cheats.

  5. Bullet points from the AlterNet story on what SB 681 would do:

    –Presume that nonpublicly traded offshore corporations and trusts are controlled by the U.S. taxpayers who formed them or sent them assets, unless the taxpayer proves otherwise;

    –Impose tougher requirements on U.S. taxpayers using offshore secrecy jurisdictions;

    –Give Treasury authority to take special measures against foreign jurisdictions and financial institutions that impede U.S. tax enforcement;

    –Require U.S. financial institutions that open accounts or entities in offshore secrecy jurisdictions for U.S. clients to report such actions to the IRS;

    –Tax offshore trust income used to buy real estate, artwork and jewelry for U.S. persons, and treat as trust beneficiaries those persons who actually receive offshore trust assets;

    –Increase the maximum fines on tax shelter promoters to 150 percent of their ill-gotten gains, and on corporate insiders who hide offshore stock holdings to $1 million per violation of U.S. securities laws;

    –Prohibit U.S. patents for “inventions designed to minimize, avoid, defer, or otherwise affect liability for federal, state, local or foreign tax”; and

    –Require hedge funds and company formation agents to establish know your customer and anti-money laundering programs like other U.S. financial institutions.

    Nowhere does it say the IRS would increase audits or go after independent contractors. We’re talking closing down offshore accounts for the ultra-rich.

    And I’m not asking for special treatment for my economic class; I’m asking for fair treatment. The Bush administration and the GOP has given the super-rich tax loopholes to exploit and has shied away from any meaningful legislation adding resources that would curtail illegal behavior. Let’s put an end to it.

  6. Fair enough. But when a tax official says that 85% of tax revenue is not being collected, he’s not talking about offshore accounts. He’s talking about my plumber, Mr. Leakey.

  7. …when a tax official says that 85% of tax revenue is not being collected…

    You mean 15%, right?

    Oh, I have no doubt that the administration official would rather target middle-class taxpayers. Thus the included link to the NYTimes article saying that that’s exactly what’s happening.

    I’m saying that’s unfair and we should fight that by backing the Obama-Levin-Coleman bill, and specifically that we should pressure Baucus to embrace it.

  8. What are the probable capital movement responses, given, Newton’s “Every action…”? The law of unintended consequences may also come in play, as wealthy people who are overtaxed have several options. That is why “tax hamonization” is an issue in Europe.

    I’m not saying it’s bad to go after tax cheats: just that’s bad to chase eight dollars with 100, especially if the eight dollars may not be around when you get there.

  9. I’m self-employed and get the 1099 Misc statements from my clients, and I don’t see how they’d apply to Plumber Leakey’s small business.

    Ordinary homeowners don’t send plumbers 1099 forms by January 31 of the following year. At least, I’ve never sent one to my plumber.

    Moreover, 1099s aren’t required for sums under $600, and only once do I remember paying a plumber more than $600.

    In 2006, for example, I did an initial small job for a client that I then decided I didn’t want as a client, and I turned down further work from that company. It didn’t send me a 1099 for 2006. I added the $232 that company had paid me to the sum of my other 1099s to arrive at the gross receipts I reported.

    The 1099 concept went into effect about 20 years ago, just as I was starting a business. My understanding is that previously lots of independent contractors didn’t report their income or pay income taxes, but that’s just gossip.

    So how do plumbers receive 1099s?

  10. TurboTurd

    “So how do plumbers receive 1099s?”

    By being dumb enough to give out their Social Security Number. If you do $6000 worth of plumbing work for somebody—ten times the 1099-MISC limit—and they want your Social Security Number, just tell them you are incorporated. Corporations do not get 1099-MISC statements, and they do not issue them to other corporations. (Obviously, the whole system would drown in paperwork if corporations had to give each other 1099-MISC statements.)

    The whole 1099-MISC system is aimed at sole proprietorships–owner-operators. The IRS is trying to discover income earned by these people. If you work on contract for a corporation, they will want your Social Security Number when they set up a vendor account for you. The only why to beat this is to charge the corporation more for your labor than you would normally charge for a non-1099-MISC customer. That is, you crank it some extra charges, knowing they are going to report your income to the IRS.

    Touchstone—Forget about your soak-the-rich dreams. The BIG money is being lost on people scamming the EIC (Earned Income Credit) with the help of paid tax preparers. Read the GAO report on it. It is much easier and cheaper to nail these people than it is to go after the rich people. Even though these little cheats are only ripping off a few thousand at a pop, there are millions of them doing it, and many of them have been doing it for years.

  11. Jim Fleischmann

    “I’m not saying it’s bad to go after tax cheats: just that’s bad to chase eight dollars with 100, especially if the eight dollars may not be around when you get there.”

    States have routinely demonstrated that every dollar they spend on auditing corporate tax returns comes back to them three-four-five fold in increased tax revenues. In other words, most states usually spend eight dollars to chase 100….

  12. My concerns are the wording of the Bill S 681 = the word ‘restrict’ means to me that there are a plethora of Loop-holes.
    This is an interesting thread in that i learned a few things and found some to research further – like the EIC scam? How do they do it? I have no problem paying my taxes – this is how the country moves forward for all. So i do not find the 1099 issue of significance. We pay to keep the services in America supported.
    Last but not least i have no love for Baucus and on two fronts condemn this Free Market Fundy – nothing he does short of resigning would make me happy. Doing the right thing as in demanding the Rich pay their taxes where ever they may be is simply doing the job right.

  1. 1 Defending Max and his tax returns « 4&20 blackbirds

    [...] while ago, I wrote about Sen. Baucus’ clash with the administration over closing the tax gap, and offered a recommendation of how he could achieve his [...]

  2. 2 Today’s Congressional potpourri | What did you mean ?

    [...] legislation to end the abuse of offshore tax havens is no surprise. Baucus has been talking about closing the tax gap for some time now, and has had the Obama/Levin “Stop Tax Haven Abuse” bill in his [...]




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