Time: Tue Feb 25 08:32:15 1997 by primenet.com (8.8.5/8.8.5) with SMTP id HAA15845; Tue, 25 Feb 1997 07:57:15 -0700 (MST) Date: Tue, 25 Feb 1997 08:16:46 -0800 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: "Rewriting the Code" Content-Transfer-Encoding: 8bit <snip> > >Rewriting the Code > >A roundtable on tax reform > >Edward H. Crane Daniel J. Pilla, Bruce Bartlett, & Grover Norquist > >For the first time since the Great Depression, congressional leaders are >seriously considering sweeping alternatives to the Internal Revenue code. >Two Texans in the House of Representatives are leading the calls for drastic >change. house Majority Leader Dick Armey wants to replace the current income >tax with a single-rate tax with no deductions other than a generous personal >exemption. Ways and Means Committee Chairman Bill Archer would instead scrap >the Internal Revenue Code entirely and replace it with a flat-rate national >sales tax. > >Would either proposal enhance civil liberties and raise enough money to >operate the federal government? REASON assembled four knowledgeable >advocates to discuss the possibilities. > >No More Kidding Around > >By Edward H. Crane > >At the end of a brilliant section on taxation from his book Power & Market, >the late Murray N. Rothbard writes, "Our conclusions are twofold: (1) that >economics cannot assume any principle of just taxation, and that no one has >successfully established any such principles; and (2) that the neutral tax, >which seems to many a valid ideal turns out to be conceptually impossible to >achieve." > >I cite Rothbard's conclusion--which he persuasively develops in the book--by >way of disclaimer. I do not favor a federal retail sales tax. I support >replacing the current Byzantine system of financing the federal government >with a federal retail sales tax. I do so for the simple reason that it will >make it easier for Americans to reduce their overall tax burden. > >We can replace the personal income tax, corporate income tax, inheritance >tax, gift tax, and the Social Security payroll tax with a simple federal tax >on retail sales and services of between 25 percent to 30 percent. There are >economic, civil libertarian, and political advantages to doing so. > >Before discussing those advantages, it's worth emphasizing two more >disclaimers. First, what we are talking about here is a complete replacement >of the existing federal tax system. Critics of a federal retail sales tax >who point to the danger of politicians simply adopting the retail sales tax >on top of reduced rates for the present system have a very legitimate >concern. The last thing we should want would be a sales tax in addition to >the taxes we already have. The movement for the sales tax must reject any >deal that allows the income tax to survive even at one-half of 1 percent. > >Second, it must be made clear that we are not talking about a value-added >tax. The European experience with the VAT makes it clear how easy that tax >is to increase, primarily because it is hidden at the various levels of >production. It is true that there will be some problems involved in defining >"retail sales," but they are not insurmountable problems. The point is that >the retail sales tax will be much more visible than a VAT and, hence, much >harder to increase. > >A theoretical case for the preferability of a retail sales tax can be made >on the basis of the fact that consumption is the purpose of an economy. It >is not investment, saving, or even employment. It is consumption. Government >lives off of the economy. Let, then, the burden of government fall precisely >where the economy is headed: on consumption. Such a tax, while >unquestionably damaging to the economy and our standard of living, >nevertheless will act to reduce the damage done to the economy compared to >other taxation schemes. > >A study done for the Cato Institute by Boston University economist Laurence >J. Kotlikoff found that replacing the income taxes with a retail sales tax >would more than double the savings rate (after all, the whole world outside >consumption becomes an IRA), increase the capital stock by a third, and >boost national output by nearly a half trillion dollars. One need not accept >Kotlikoff's econometric model as an instrument of precision (or even crude >accuracy) to see that by eliminating the income and inheritance taxes, >including the tax on saving, there is bound to be a huge boost in output and >productivity. Entrepreneurial incentives could not be more enhanced within >the revenue constraints currently imposed by the federal government. > >Thus, on the economic front the retail sales tax is an enormous improvement >on the current system. So is Rep. Dick Armey's proposed flat income tax. It >has been carefully constructed and, if left alone by politicians, would have >virtually the same economic impact as the sales tax. > >The problem is--and this is where the civil libertarian aspect comes >in--that the flat tax remains a tax on income and keeps in place the >Internal Revenue Service. The retail sales tax abolishes both. As the >readers of REASON are well aware, there is no more intrusive and abusive >agency of the federal government than the IRS. With a staff of more than >120,000 agents and auditors, the very mention of the IRS strikes fear in the >hearts of Americans who, in theory, live in the land of the free. > >The list of IRS intimidations, civil liberties abuses, snooping, and general >ineptitude continues to grow. And for 1995 and 1996 we are promised >particularly harsh audits, supposedly necessitated by the estimated >$150-$200 billion in annually uncollected taxes. > >Civil liberties abuses under the income tax regime are blatant and well >documented. We are, for instance, assumed guilty and must prove our >innocence when charged with violating the Internal Revenue Code, a code so >complex and illogical that the IRS itself only pretends to understand it. >The IRS regularly undertakes "civil forfeiture" proceedings that deny >Americans their constitutionally guaranteed right to due process of law by >confiscating property to pay for alleged (but not proven) tax deficiencies. > >Moreover, in a study commissioned for the IRS itself a decade ago, Arthur D. >Little Co. estimated that Americans spend some 5.4 billion hours of work a >year just to comply with the tax code. Author James Payne puts the cost of >those hours at about $250 billion per year, or about one-third of what the >federal government hopes to reap from individual and corporate income taxes >in 1995. In addition, Payne argues, the true cost of compliance should >include the disincentives to savings and work and the costs of enforcement, >litigation, and tax-distorted investments. All that could easily double the >cost of this bizarre tax system to the American people. > >Another benefit of switching from a high-compliance-cost system to a >low-cost system is that it would free 120,000 tax bureaucrats and untold >tens of thousands of bright lawyers and accountants in the private sector to >engage in productive work that increases our standard of living--and would >probably make them feel better about themselves, to boot. Flat-tax >advocates' arguments that a sales tax would have high compliance costs are >disingenuous; 45 states already collect sales tax. > >But the best reason to support replacing the income tax with a retail sales >tax is political. Today when someone mentions tax reform, Americans wisely >grab their collective wallets. The politicians and bureaucrats of the New >Class have down to a science the business of playing one tax-paying group >off against another: farmers against manufacturers, rich against poor, old >against young, workers against management, and on and on. > >The tax system in America is so complex that it's virtually impossible to >create a sense of taxpayer solidarity against taxes. Rather, each interest >group spends its time lobbying to increase taxes on other groups in the >(usually) futile hope that its own taxes can be reduced. That the complexity >of the tax code is a key to the politicians' ability to continually increase >taxes while constantly talking about decreasing them should be obvious. > >The federal retail sales tax ends all that. Whether it's set at 20 percent, >25 percent, or 30 percent, Americans need only vote for the candidate who >promises to lower it--the most. Suddenly we do have taxpayer solidarity. >Suddenly, with no withholding or other hidden taxes, everyone is aware of >the cost of government every time he or she buys a product. Lowering federal >taxes suddenly becomes much easier. > >The flat income tax was the cutting-edge initiative during the Reagan years, >and many supply-siders such as Bruce Bartlett, Jack Kemp, and Grover >Norquist still support it for that reason. But the mood of the American >people is considerably more radical today. They want to abolish the income >tax, and it would be a tragic error to allow old political allegiances to >get in the way. > >The energy behind abolishing the income tax and eliminating the IRS is the >same energy behind the term-limits movement: No more kidding around. No more >trusting the politicians to do what they say they'll do. After passing a >statute, Congress should report out a constitutional amendment, replacing >the 16th Amendment and limiting federal revenue to taxes on retail sales and >services. The people want to take back control of government and then >radically downsize it. That means cutting spending, which first requires >cutting taxes, which is what the federal retail sales tax will make much >more feasible. > >When Sen. Richard Lugar (R-Ind.) campaigns for the presidency on a platform >calling for the abolition of income taxes and Bill Archer (R-Tex.), the >chairman of the powerful House Ways and Means Committee, says he favors >scrapping income taxes and replacing them with a sales tax, you know this is >no longer an idea confined to the political fringes. > >If mainstream politicians like Archer and Lugar feel that intensity of >public support for this idea, the time has come for all advocates of a free >society to lend a hand. This is an enormous opportunity to role back the >power of government in our lives. It is an opportunity to tell your federal >bureaucrat, "Look, I appreciate your interest, but please get out of my >face--you'll get yours when I buy something." > >Edward H. Crane is president of the Cato Institute. > >Killing the IRS > >By Daniel J. Pilla > >Are you fed up with the annual ritual of gathering bags of receipts, poring >through pages of convoluted tax forms, and working into the night on the >mind-numbing task of preparing your income tax return? Does the idea of >filing your tax return on a postcard appeal to you? Does the thought of an >IRS audit terrify you? > >If so, you are among the millions ready for a radical change to our tax >system. A driving force behind the push is the frustration of dealing with >the Internal Revenue Service. > >The IRS wields awesome powers. It can execute wage and bank levies, seize >property, and obtain your most personal records, all without a court order. >Even worse, you are presumed guilty in virtually all your dealings with the >IRS; unlike the common criminal, you must prove your innocence. Since our >tax law consists of 17,000 pages of regulations, compliance is often an >impossible task. > >And while the IRS holds the average citizen to inexorably high standards of >compliance, the IRS itself doesn't meet the mark. In 1993, the General >Accounting Office issued the results of its first audit of the IRS. In >testimony to Congress, Comptroller General Charles Bowsher explained that >the IRS was unable to account for 64 percent of its $6.7-billion 1992 >appropriation. Despite repeated promises to reform, a 1995 GAO report >explained that the IRS's own internal audits revealed that its financial >statements are "still not accurate, reliable or consistent." > >The IRS's inability to manage itself is visited upon the public in a big >way. In 1995, the IRS will assess between 32 million and 34 million >penalties against individuals and businesses. However, its own annual >reports indicate such penalties are wrong about 40 percent of the time. >Further, the IRS will issue over 10 million computer-generated correction >notices, claiming citizens have made errors in their returns. Numerous GAO >reports show those notices are incorrect about 50 percent of the time. > >In 1993, the IRS announced a plan to increase its face-to-face audit >coverage by 500 percent. This year alone, the number is expected to grow by >100 percent. This explosion is based on the agency's belief that citizens >underreport their incomes. Yet its own audit results are wrong about 50 >percent of the time. > >The average face-to-face audit nets about $5,000 in increased tax and >penalties. Thus, the agency's inability to perform its administrative tasks >correctly leads to billions of dollars in improper assessments. > >As if the ineptitude is not bad enough, IRS invasiveness into private lives >of all Americans has reached new heights. Driven by the belief that citizens >underreport their income, the IRS announced plans in December 1994 to begin >two very troubling programs. The first involves a system of recordkeeping >designed to give the agency "on-line access" to records held in all public >and private databases. > >The agency plans to link its computers with "commercial sources, state and >local agencies, construction contract information, license information from >state and local agencies...and information on significant financial >transactions from reviews of periodicals and newspapers and other media >sources." IRS computers will be able to track every financial move of every >citizen. > >The second program, announced last year, is an audit endeavor known as the >District Office Research and Analysis program. DORA audits have little to do >with tax returns. Rather, they involve "lifestyle audits." Citizens will be >targeted for DORA audits on a random basis, and audit results will be used >to develop statistical formulas to be applied on a broader scale. To >ascertain whether someone is living beyond his means and therefore more >likely to have understated income, an IRS training manual titled Components >of Economic Reality instructs agents to evaluate a target's home and >neighborhood, furniture and fixtures, educational and personal background, >cultural and family background, toys and hobbies, vacations and gifts, >clothing and jewelry, and on and on. > >Expect auditors to interview one's friends and neighbors, family members and >children, business associates and co-workers. The information will then be >codified into personal dossiers. The idea is to use the information to catch >people in the act of underreporting income. > >No doubt such a program will have a serious effect on privacy rights. >Without factual justification or probable cause, these are the most deeply >invasive investigations imaginable in >a free society. Given the IRS's track record of unreliability with its own >affairs, these programs are outrageous, indefensible, and dangerous. > >Personal freedom and privacy cannot survive in the face of such >invasiveness. And a tax law of 17,000 pages is fertile ground for >germinating IRS abuse of taxpayers' rights. It seems clear that if freedom >is to survive, we must eliminate the IRS. > >Alternative roads lead in two directions. First is the flat income tax, >under which Americans would pay a flat rate on income without the current >confusing myriad of loopholes. Proponents claim the flat tax could be so >simple as to allow citizens to file their returns on a postcard. The second >alternative is a national sales tax. This system promises to eliminate >personal tax returns, as all tax is paid at the checkout counter. Which >course should America pursue? > >To answer this question, we must first address the threshold question: Under >which system will Americans be free of the invasive, capricious, and >error-prone behavior of the IRS? This question must guide our debate, and it >leads to one inexorable conclusion: Freedom and an income tax cannot >co-exist in the same society. One must necessarily drive out the other. > >It is inarguable that a flat tax is simpler to report than our current >income tax. Preparing a return will be less exasperating if it can be filed >on a postcard. But the flat tax still requires the IRS. It requires the >filing of tax returns, which can and will be audited. And it requires >elaborate recordkeeping by citizens and allows invasive investigations. > >Any system which requires IRS administration must necessarily fall under >deep suspicion. It is simply unreasonable to ask Americans to submit to the >arbitrary whim of an agency which itself cannot perform the tasks it demands >of the public. > >Because it requires a tax return, the flat-tax system cannot eliminate IRS >abuse. Though there may be no deductions to audit, the IRS will nevertheless >insist on auditing one's income. This is the reasoning behind the >outrageously invasive DORA audits. Nothing in a flat-tax system can or will >stamp out such abuse. > >Because lifestyle audits are so broad, we can expect recordkeeping >requirements to increase, not decrease, under a flat tax. Any income tax >system is dependent on massive reporting to the government of income >information. At present, this is accomplished through the annual filing of >some 1.3 billion information returns, such as IRS Forms 1099 and W-2. Since >enforcement of a flat tax is dependent upon income information, look for the >number to triple as IRS traces every nickel you earn. > >There is little about a flat-tax system that will trim the staggering cost >of tax law compliance. At present, this burden is estimated at $700 billion >annually. Much of the cost is associated with recordkeeping and tax law >enforcement, neither of which is reduced by a flat tax. A flat tax certainly >involves a simpler tax return, but return preparation is the smallest >component of tax law compliance. > >The solution to our tax problem is to adopt a national retail sales tax in >place of the personal and corporate income tax. Only a sales tax can >eliminate the invasiveness of the IRS, since one's income and lifestyle are >irrelevant. When one spends money, the tax is simultaneously assessed and >collected. That is why only a sales tax can reach the underground economy. >The IRS's chief compliance problem is the alleged failure of citizens to >report their income. A flat tax will not capture this income because to do >so it must be voluntarily reported. > >Best of all, a sales tax can eliminate the IRS. The 50 states could collect >it in concert with their own sales tax. The federal government would bear >the costs but they would be minimal as all but a few states already have a >sales tax. For the same reason, virtually all businesses are equipped to pay >it. Those businesses which do not now collect a sales tax would still see a >reduction in compliance costs because of the elimination of the complex >federal income tax laws. > >The states would in turn pay the tax to the federal government. This reduces >the federal tax collection points from 200-plus million (the number of tax >returns filed annually) to just 50. > >Only a sales tax eliminates the need for individual audits, recordkeeping, >and enforced tax collection, and it can eliminate the staggering >$700-billion annual compliance cost. In short, the national sales tax is the >only way to get the federal government out of your life. > >Daniel J. Pilla is a tax litigation consultant in St. Paul, Minnesota, and >the author, most recently, of How to Fire the IRS (Winning Publications). > >Flat-Out Better > >By Bruce Bartlett > >The best tax reform that could be enacted by Congress would be to adopt the >Hall-Rabushka flat-rate tax proposal. Named for economists Robert Hall and >Alvin Rabushka of Stanford's Hoover Institution, the Hall-Rabushka proposal >was first put forward in a Wall Street Journal article on December 10, 1981, >and has since been elaborated in three editions of their book, The Flat Tax. >The most recent edition has just been published by the Hoover Institution >Press. Versions of the Hall-Rabushka plan have been sponsored by Rep. Dick >Armey (R-Tex.) and Sens. Richard Shelby (R-Ala.), Larry Craig (R-Idaho), and >Arlen Specter (R-Penn.). > >In brief, the Hall-Rabushka plan would establish a single tax rate of 19 >percent on all personal and business income. Businesses would be taxed on >their gross revenue less cash wages, salaries, and pensions paid (but not >benefits); purchases of goods, services, and materials used in business; and >all capital equipment, structures, and land. Individuals would be taxed on >their wages, salaries, and pensions received, less a large family allowance. >A family of four would have to earn $25,500 per year before it paid any >income tax. Note that individuals would pay no tax whatsoever on interest, >dividends, or capital gains received. Moreover, the system is so simple that >businesses and individuals alike would be able to file their tax returns on >a form the size of a postcard. > >Although they have always referred to their proposal as a flat tax, I prefer >to think of it as a single-rate tax plan. This is because the central >element of the Hall-Rabushka plan is to tax all income only once. And it is >not truly a flat tax because those with higher incomes will pay higher >effective tax rates, although the marginal rate will be the same for all. > >The importance of this distinction gets at what I believe is the major >problem with our current tax system, which is that some forms of income are >taxed two, three, or more times while others are not taxed at all. Thus we >have close to confiscatory rates on some forms of capital income, while a >considerable portion of labor income--in the form of fringe benefits--is >entirely free of tax. > >In the aggregate, we tax less than half of all personal income. In 1992, >personal income as defined by the Commerce Department came to $5.2 trillion, >yet taxable income as defined by the IRS came to just $2.4 trillion. This >means that in theory a 9.2-percent tax rate on all personal income would >raise the same revenue that the individual income tax raises today at an >effective rate of 19.2 percent, with marginal rates between 15 percent and >39.6 percent. > >However, the effective tax rate on capital income can go far higher than >39.6 percent. Consider a dollar of increased corporate profit. Looking only >at federal taxes, we first take off 35 percent corporate income tax. Then >whatever is paid out to the corporation's owners--the shareholders--is taxed >again up to a 39.6-percent rate. This adds up to better than a 60-percent >tax on the original dollar of profit. But we aren't finished yet, because if >the higher profit leads to a higher stock price, we tax that profit again >when the stockholder sells his shares, even though the stock price merely >reflects the discounted present value of the future profits that are already >going to be taxed twice. The capital gains tax, therefore, in effect is a >third layer of taxation, going up to 28 percent, on the same dollar of >profit. If we factor in state and local taxes and inflation, it is not at >all difficult to get tax rates on capital up over 100 percent. > >This excessively heavy taxation of capital, combined with widely different >tax rates on different forms of income, has created enormous inefficiency >and is, I believe, at the root of our economic malaise. We are collecting >less revenue for the government at a far higher cost than necessary. The >compliance cost of the income tax runs into the tens of billions of dollars >a year. > >However, the compliance cost is only a small part of the cost we pay for our >current tax system. A much larger cost is what economists call the "excess >burden" of the tax system. The excess burden is the cost to the economy of >reduced work, saving, and investment that is over and above the amount of >tax collected. Estimates of the excess burden run into the hundreds of >billions of dollars per year. > >At first glance, it appears that there is no way the Hall-Rabushka tax >system could possibly raise the same $740 billion that the federal >government expects to raise in individual and corporate income taxes in >1995. It also appears to be an enormous giveaway to the rich, who now pay >rates as high as 39.6 percent on all of their income except capital gains, >which are taxed at a maximum of 28 percent. > >In fact, the numbers in the Hall-Rabushka plan do add up. And it is not >quite the giveaway to the rich that it appears. In return for gaining the >ability to expense capital investment, businesses would lose the ability to >deduct the cost of fringe benefits and interest. Hall-Rabushka would also >sweep away a long list of business tax incentives currently in law. On the >individual side, taxpayers would lose the ability to deduct mortgage >interest, charitable contributions, and state and local taxes, among other >things. Also, keep in mind that while interest and capital gains are not >taxable for individuals under the plan, they are taxable at the business >level. > >The result of all this is to roughly triple current federal revenue from >taxing businesses, while halving individual income tax revenue. Since >business income largely accrues to the wealthy, the effect of the >Hall-Rabushka plan is to raise the actual amount of taxes paid by rich >people even as their tax rate falls. And this result does not in any way >depend on any "supply-side" effects on economic behavior, although it is >clear that there will be a significant impact on saving, investment, and >work effort. Economist Dale Jorgenson of Harvard, for example, recently >estimated that if something like the Hall-Rabushka plan were enacted by >Congress it would lead to an immediate $1-trillion increase in national >wealth, which was $19 trillion in 1993 (the most recent year for which data >are available). > >Unlike the Tax Reform Act of 1986, however, the Hall-Rabushka plan is not a >simple trade-off between higher corporate taxes and lower individual taxes. >Rather, Hall-Rabushka must be viewed as a fully integrated tax system, of >which the business tax and the wage tax are simply two sides of the same >coin. > >And Hall-Rabushka is by definition a pure consumption tax, because capital >investment is fully expensed and because individuals pay no taxes on their >investment income. Thus it is unnecessary to institute any sort of >specialized saving incentive, such as that proposed by Sens. Sam Nunn >(D-Ga.) and Pete Domenici (R-N.M.). Their plan, in effect, would force >people >to save before they received any tax benefit, whereas Hall-Rabushka simply >abolishes taxes on saving altogether. > >As noted earlier, the Hall-Rabushka plan is not the pure flat- rate tax it >appears to be. That would require a single rate on gross income, with no >deductions at all. The effect of a large personal and family allowance is to >create effective progressivity. Under Hall-Rabushka the effective tax rate >on wage, salary, and pension income would rise from zero on low-income >families, to a rate between 3 percent and 12 percent on moderate-income >families, to 16 percent on a family earning $200,000. Rates continue to rise >as income rises, although no one would ever pay more than 19 percent. > >While there are many other comprehensive reform ideas out there--such as the >Cato Institute's sales tax proposal--I believe that the Hall-Rabushka plan >is the best one that has been put forward in terms of fairness and >simplicity. And it is not a new proposal, but one that has been around for >almost 15 years. > >It has been the subject of previous hearings in the Senate Finance >Committee, the House Ways and Means Committee, and the Joint Economic >Committee, and has been discussed in numerous studies and articles. >Consequently, it is a plan that is familiar and well vetted. Thus, rather >than reinvent the wheel and try to come up with an entirely new reform >proposal, I recommend that the Congress simply adopt the Hall-Rabushka plan. > >Bruce Bartlett is a senior fellow with the National Center for Policy >Analysis. He was previously deputy assistant secretary of the Treasury for >economic policy. As deputy director of the Joint Economic Committee, he >organized the first congressional hearing on the flat tax in 1982. > >Taxes We Can See > >By Grover Norquist > >It spoke volumes about the revolutionary expectations of the American people >and the Republican Congress that only days after the Republicans won a >majority in the House and Senate on November 8, public debate shot past the >already ambitious Contract with America to plans for radically restructuring >the federal income tax. > >Public cynicism might well have dwelled on the difficulty of moving a >balanced budget amendment, line-item veto, tort reform, and term limits >through the House, much less the U.S. Senate. Yet as unlikely a Jacobin as >Texas's Bill Archer, slated to head the newly Republican House Ways and >Means Committee, fast forwarded the political agenda by announcing his >desire to abolish the federal income tax, root out the Internal Revenue >Service, and replace the present tax structure with a national consumption >tax: a sales or value-added tax. Archer's fellow Texan, House Majority >leader Dick Armey, has weighed in with his own reform agenda: a flat tax of >20 percent on personal and corporate income for 2 years, to be reduced to 17 >percent thereafter. > >When facing such obvious injustices as France's ancien régime, Russian >czarism, or our own 1040 form, men and women of restrained temperament have >an understandable urge toward random and immediate violence--and the >presumption that the destruction of the present unsatisfactory oppression > ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
Return to Table of Contents for
Supreme Law School: E-mail