Time: Tue Feb 25 08:32:28 1997 by primenet.com (8.8.5/8.8.5) with SMTP id HAA16378; Tue, 25 Feb 1997 07:58:31 -0700 (MST) Date: Tue, 25 Feb 1997 08:18:05 -0800 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: "Rewriting the Code" (part 2) <snip> >could only be followed by something better. But the French and Russian >revolutions remind us that it is indeed possible to move from bad to worse. > >Should friends of liberty in America rush to embrace radical reform of the >federal corporate and individual income tax? And if so, which plan is >better, Archer's or Armey's? Armey would tax "consumed income," exempting >savings and investment, capital gains, and interest and dividend income. >Unlike the present tax structure, all income would be taxed once and only >once. Inheritance taxes would be abolished: You already paid taxes on that >money, so it's yours. Armey contends a flat tax of 17 percent that exempts >savings would do less damage to the economy, spur job creation, and be seen >as fairer and less intrusive. > >Archer, however, argues for a national sales tax and gives four imperatives >that guide his thinking: First, the new system must not tax savings and >investment. Second, the IRS must be abolished. Third, the new tax system >must capture the underground economy. And fourth, the tax must be border >adjustable (i.e., the tax must be removed from American exports and added >onto imported goods and services to American citizens). This, as Pete DuPont >has observed, describes not a national sales tax, but a European-style >value-added tax. Any sales tax large enough to replace the income, Social >Security, inheritance, and gift taxes (all enforced through the condemned >IRS) would immediately become a value-added tax since avoidance at the >retail level would force tax collectors to move to the wholesale level and >backwards through manufacturing, as has happened in every European nation. > >In comparing Dick Armey's flat consumed-income tax and Bill Archer's >national sales tax/VAT, it is important to begin by outlining just what >criteria determine the "best" or least destructive tax. > >The most important aspect of any tax is that it be difficult to increase. >This means a tax should be visible, painful, and applied equally to all >taxpayers. Politicians love invisible taxes. How many times have we heard >Ted Kennedy and Dick Gephardt urge that corporations pay more in taxes? Of >course, the only way that General Motors gets any money to pay its corporate >income taxes--or property taxes and wage taxes, for that matter--is to >include the taxes in the price of cars it sells to the public. > >Bill Clinton's 1993 tax hike "on the richest 1 percent" actually raised >two-thirds of its revenue from small businesses filing as subchapter S >corporations. Thus all Americans pay this "millionaires' tax" when they shop >at the grocery store or go to the dry cleaners. Yet Clinton says--and may >actually believe--that people don't pay his tax, businesses do. > >By contrast, property taxes have the virtue of being paid in lump sum >installments--not dribbled out as in a sales tax or withheld like the income >tax. It's no accident that the first success of the contemporary tax >revolt--California's passage of the Jarvis-Gann Proposition 13 in 1978--was >a measure to roll back property taxes. Subsequent efforts to cut income >taxes and sales taxes have been less successful, in part because those taxes >are less obvious to taxpayers. > >Dick Armey's flat tax would abolish withholding and require that all >Americans send a check to Washington each month, just as we pay our rent, >phone, or utility bill. Now this is creating truly revolutionary conditions. >Monthly checks to the feds will be painful reminders of the cost of >government. By contrast, the sales tax or VAT will hide the true cost of >government. Sen. Dick Lugar (R-Ind.), speaking at the Cato Institute in >favor of a national sales tax, was asked how much he paid in local sales >taxes last year and he didn't know. Every citizen will know exactly how much >he or she is paying with Dick Armey's flat tax. A tax bill hidden in a VAT >will mask the deadweight cost of the state. > >After visibility and painfulness, taxes should apply equally to all >taxpayers--and perhaps as important--be seen to do so. Armey's bill would >unify taxpayers by having all taxpayers pay one rate and by eliminating >almost all deductions. With its many complicated deductions, one of the >problems of the present tax code is that some taxpayers think that they are >benefiting from deductions and are "getting away with something," despite >their heavy tax burden. A flat tax not only puts all taxpayers in the same >miserable relationship with the state but also lets taxpayers feel confident >they are all in the same situation. > >To the political class, the greatest virtue of the graduated or progressive >income tax is that it allows politicians to divide taxpayers into discrete >groups that tax increasers can target and mug one at a time, rather than >having to take them all on at once. Bill Clinton worked hard at this, >telling Americans, "Pay no attention to my little tax hike, I'm only going >after the top 1 percent." The taxman's strategy is to divide and conquer, a >little bit at a time. > >Such a ploy works extremely well. The business community remains quiet when >the personal income tax is raised or inflation shrinks the value of personal >and dependent exemptions. Then individual taxpayers remain inert when >business taxes are raised. Politicians such as Clinton and Gephardt even >play to class envy, urging one group of income earners to hold the >politicians' coats as they expropriate another. > >In Massachusetts, the establishment left has tried five times through the >constitutional initiative process to repeal the present requirement that the >state income tax have one rate. Those who want higher taxes and more >government know they cannot raise the income tax as high as they would like >if they must face all taxpayers at once. Offered the chance to see "average >taxpayers' taxes fall while the rich pay more," Bay Staters have rejected >the siren call of envy. Dick Armey, in fact, may want to take a cue from >Massachusetts and codify single-rate language in the Constitution. > >When it comes to treating everyone equally, Archer's sales tax/VAT has no >advantage over the present income tax. Every VAT in Europe has multiple >rates. Politicians extort campaign funds from cowed industries that fear >having their products taxed more or that want their product exempted from >the VAT. Products are labeled "necessities" or "luxuries," and taxed at >politically determined rates. In America, we already have politically driven >multiple rates on sales of goods and services such as tobacco, alcohol, and >hotel rooms. Sen. Daniel Moynihan (D-N.Y.) has suggested a 10,000-percent >tax on gun ammunition. A national sales tax would politicize the "virtue" >and "sinfulness" of every product and service in America. > >The progressive or graduated income tax divides Americans by income class >and treats them differently, just as racial preferences--whether old-style >Jim Crow laws or new-style affirmative action--divide Americans by race. And >for the same reason: so we can be divided against each other by the state. >It is no coincidence that the graduated income tax and racial preferences >are collapsing at the same time. Americans wish to be treated equally before >the law. This is neither South Africa nor East Germany, despite the best >efforts of Clinton and Gephardt to divide us against each other, first by >race and then class. > >There's another reason to be wary of a sales tax or VAT: Canada, Japan, and >every European nation have a national sales tax or VAT and a personal income >tax and a corporate income tax and wage taxes. In fact, it has long been a >goal of the Democrat party to add a VAT to our present tax burdens. I remind >readers that Hillary Clinton has three times argued for a VAT to pay for her >German-style government-run health care plan. As further proof, remember >that Bill Clinton has three times denied such plans for a VAT. > >It is inauspicious that both Bill Archer and Dick Lugar have refused to >insist that the 16th Amendment, which allows the federal income tax, be >repealed before any national sales tax or VAT is introduced. To implement >any consumption tax without first repealing the 16th Amendment is a >guaranteed recipe for disaster. Honest supporters of a VAT as a replacement >to the present tax must insist both on repeal of the 16th Amendment as the >prerequisite for any new tax and on a constitutional prohibition to the >return of any income tax. Given the present courts, I despair that even this >would save us from Europe's experience, where politicians in every case have >used tax reform impulses to saddle their citizens with both taxes. > >Tax reform should not blind us to the true battle: the total size, scope, >and power of the state. The total tax burden, not simply how it is carved >out of our lives, is the target. Perhaps the most important tax reform >measure is the Barton Amendment urged by freshmen Reps. John Shadegg >(R-Ariz.) and Linda Smith (R-Wash.) to require a three-fifths vote of both >houses to raise or introduce any tax. Speaker Gingrich has promised a vote >on this amendment on April 15, 1996, and if it doesn't pass then another >vote will be held on April 15, 1997--conveniently after the 1996 elections. > >All tax reformers should support this amendment--or preferably one that >requires a two-thirds supermajority to raise taxes, as is the case now in >Arizona, California, and the state of Washington, and may soon be true for >Ohio, Florida, and Nevada. > >Strategically, friends of liberty should support the Republican efforts to >cut taxes and spending at the same time. Linking budget cuts with the >$500-per-child tax credit and cuts in the capital gains tax and inheritance >tax builds public support for both budget cuts and tax cuts. Let's ratchet >down the state, cutting back spending and handing the savings back to >Americans in tax savings. > >In this process of reducing government, every tax cut is a good tax cut. Mae >West made a similar observation about sex. Let's work together to reduce the >total tax burden, to protect Americans against a political class that would >divide us to better loot us, recognizing that there is no good way to rip 20 >to 25 percent of the economy away from those who earned it to be distributed >by the political class to those who vote for it. > >Asking Americans to choose the best way to be taxed--rather than focusing on >reducing total taxes--is too reminiscent of the "choice" the state of Utah >offered Gary Gilmore: hanging or shooting? > >Grover Norquist is the president of Americans for Tax Reform. > >Edward H. Crane Responds > >I t's important to keep in mind that the flat income tax being proposed by >Dick Armey, based on the research of Hall and Rabushka, is actually a >consumption tax. Neither Grover Norquist nor Bruce Bartlett dispute this >fact. Thus, the economic impact of both the flat tax and the federal retail >sales tax would be the same. That impact, of course, would be enormously >positive when compared to our present tax system. So, as I mention in my >essay, the issue isn't economics. It is politics and tactics. > >There's a little dissembling going on when Grover Norquist consistently uses >the VAT and a federal retail sales tax interchangeably. They ain't the same >thing, and Grover knows it. > >Of course, you could argue (and Norquist does) that a retail sales tax will >inevitably become a VAT. But there's less reason to expect that to happen >than to expect a flat tax--Bartlett points out that it's not really a flat >tax even at the outset--to be twisted and molded into something that looks a >lot like what we have today. In either case, it would be best to eventually >back up a statute with a constitutional amendment. > >One other point. Norquist had better dust off his copy of Power & Market if >he actually thinks business income taxes are paid by consumers. They are >paid by the owners of the business. The notion that prices are determined by >costs, which are easily passed on to consumers, is nonsense. Supply and >demand determine prices. Consumers couldn't care less how much it costs for >a business to produce a product or how much in the way of taxes it pays. > >Back to the issue of politics. As Dan Pilla points out, getting rid of the >IRS is an appealing aspect of the sales tax. This is not an agency that >spends a lot of time reminding its employees of the Bill of Rights. If we >can fund the federal government without it, by all means, let's do it. >Flat-tax advocates posture that the retail sales tax will necessitate hordes >of revenuers swarming over the landscape to keep shopkeepers from breaking >the law. That 95 percent of retailers willingly comply with state retail >sales tax requirements already is apparently inconsequential. > >But even if there was some problem with collections--and with taxes as high >as they are, we could expect some--it's unlikely that missing taxes under a >national sales tax would exceed the $150 billion that annually escapes the >feds now. Besides, whatever sales tax enforcement agency would be created, >it would not be going into your home to discuss every aspect of your >personal and business life. How much money you make and how you make it >would then be no business of the federal government. Actually, since the >vast majority of states that have >an income tax depend on the IRS to enforce compliance at the state level, >most, if not all, would switch to a sales tax or increase their current one. >Income taxes would be abolished throughout the land. > >Moreover, politics in America would forever be changed. The psychological >impact of living in a society where it was none of the government's business >how much money you made--where your paycheck reflected exactly what you >earned--would be huge. It would change people's attitudes on all public >policy issues to remove the intimidating and paternalistic Internal Revenue >Service from people's lives. > >Finally, public support for abolishing the income taxes is at an all-time >high. When columnist Jack Anderson asked readers of Parade magazine to write >in and tell him if they would like to replace income taxes with a federal >retail sales tax, some 40,000 did. And 97 percent of them favored the retail >sales tax. > >Daniel J. Pilla Responds > >The chief opposition to the sales tax is the claim that due to evasion, it >will quickly degenerate into a European-style value-added tax (VAT). All >agree VATs are inefficient, hidden, and to be avoided. > >The argument that a sales tax will mutate is simply not supported by the >American experience. Forty-five states now have a sales tax. In no case has >it transmogrified into a VAT. Moreover, the present system creates an >incentive for a merchant to engage in sales tax evasion with a customer. >When a product is purchased "off the books," the customer evades the sales >tax, and the merchant evades the income tax. If there is no income tax, the >merchant loses his primary incentive to aid in sales tax evasion. He is not >as likely to abet evasion when the risks are his but the rewards are not. > >Please note: Evasion is greatly reduced when the public perceives the tax >rate is reasonable, and the system itself is fair and simple. Hence, as the >overall tax burden falls, evasion falls. This is precisely why it is >critical to eliminate existing federal taxes in favor of a single national >sales tax. > >The average American family today pays 15-percent income taxes. Social >Security tax, not including the employer's matching share, is 7.65 percent. >Thus, to purchase a $10,000 automobile, the average family must earn $12,265 >(not counting state taxes). Now, consider that business taxes and compliance >costs amount to 15 percent of a car's purchase price. Get rid of those costs >and the car costs $8,500. By eliminating other federal taxes and going to a >25-percent retail sales tax, the average family would have to earn $10,625 >to purchase the same auto--a $1,640 savings. > >The Armey plan also seeks to eliminate wage withholding. It would require us >to send a check to Washington each month. Grover Norquist suggests payments >will "be painful reminders of the true cost of government." True, but they >will also remind us of the continuing presence of the IRS. And, in fact, IRS >records show about 3.5 million citizens annually cannot pay what they owe, >regardless of how simple it is to file a return. To collect, IRS executes 3 >million to 4 million wage and bank levies, and files about the same number >of tax liens. > >A flat tax coupled with no withholding creates a compliance problem unheard >of in any sales tax environment. It turns loose tens of thousands of IRS >collectors on the public. A system designed to remind us that taxation is >painful will become a collection nightmare for millions. > >Norquist suggests that a flat tax puts "all taxpayers in the same miserable >relationship with the state." I fear this is true, as the IRS is preparing >for draconian enforcement measures even now. Overreaching IRS procedures >will flourish under a flat tax. Our challenge, however, is not to put all >citizens on equally miserable footing. Our challenge is to free all citizens >from the misery inflicted in the name of taxation. > >The biggest single advantage of the sales tax, apart from eliminating the >IRS, is simplicity. This is lost with the flat tax. Advocates claim both >businesses and individuals will be able to file flat tax returns on a >postcard. However, Bruce Bartlett's remarks betray this claim. > >He acknowledges that businesses retain substantial deductions, including, >"wages, salaries, and pensions paid (but not benefits); purchases of goods, >services, and materials used in business; and all capital equipment, >structures, and land." It is no easy matter to account for these expenses. >It is even more difficult to persuade error-prone IRS examiners that one's >own calculations are accurate. > >Also consider that withholding of income tax ceases under the flat tax, but >withholding of Social Security taxes does not. Consequently, every business >with employees must continue to withhold, make regular deposits of the tax, >and file five employment tax returns annually. > >According to the IRS's 1993 Annual Report, nearly 29 million such returns >were filed, at tremendous cost. The IRS assessed nearly 11.5 million >penalties in connection with those returns, at a direct cost of over $3.5 >billion. Nothing in the flat tax proposal eliminates this albatross. > >In sum, the claimed benefits of a flat tax are non-existent. Only a national >sales tax provides the kind of relief needed. We all recognize a reduction >in government is a key element in the tax reform debate. A sales tax >provides a unique advantage in this regard. If funded through a sales tax, >government has a vested interest in keeping its hands off the economy and >out of people's pockets. As the economy grows, government's share of the pie >grows. > >Conversely, the flat tax is still an income tax and carries with it the >unarguable reality that it penalizes growth. That is precisely why our >founders used consumption taxes as the primary means of funding government. >Alexander Hamilton rejected taxing "the articles of our own growth and >manufacture" as they are "more prejudicial" to the economy than consumption >taxes. > >And indeed, income is the most basic element of the "articles of our own >growth and manufacture." > >Bruce Bartlett Responds > >Dan Pilla and Ed Crane both favor a retail sales tax to replace the current >federal tax system for one basic reason: It will cause the IRS to vanish. >Unfortunately, it will not, for a number of reasons. > >First, a federal sales tax will require too high a rate. Crane says a rate >of up to 30 percent would do the job. My own calculations put the figure at >a minimum of 32 percent. International and state-level experience indicates >clearly that sales tax rates much above 10 percent cannot be collected due >to massive evasion. > >Second, to get the tax rate as low as 32 percent assumes that all services >will be taxed. In other words, we are not just adding to the prices of goods >at the checkout, but to every service we consume as well. These services >include legal, medical, funeral, utilities, video rentals, racetrack wagers, >airline tickets, movie tickets, plumbing, school tuition, telephones, rent, >and many others too numerous to mention. > >Again, experience at the state level and in foreign countries indicates that >such comprehensive taxation of services with a retail sales tax--as opposed >to a value-added tax (VAT)--is impractical. This is why almost all states >exempt most services from sales taxes. Also, political resistance to taxing >services tends to be strong. In fact, a recent effort to comprehensively tax >services in Florida had to be repealed shortly after it took effect. > >Third, there is a serious problem with intermediate goods and >services--those resources used in production--under a sales tax. For a sales >tax to work properly, intermediate goods and services must be exempted from >the tax. Otherwise, you get what economists call "cascading," where taxes >are levied on top of taxes. This is very inefficient and forces companies to >vertically integrate in order to prevent it. > >Fourth, eliminating federal income taxes will not relieve taxpayers of the >necessity of keeping records, filing returns, or being audited. This is >because 44 states have income taxes. Thus, most of us will still have to >suffer all the invasions of privacy and other indignities that Crane and >Pilla wish to save us from, but from our state governments rather than the >federal government. > >Fifth, simply eliminating the necessity to file income tax returns will not >relieve all taxpayers of IRS-like audits. Every business, including all >self-employed workers, will still be subject to audits to ensure that the >necessary sales taxes have been paid on their production. This will affect >upwards of 35 million Americans. > >Sixth, someone will still have to collect the sales tax. Proponents of the >sales tax, such as Sen. Richard Lugar, have said that the states will >collect it for the federal government, since most already have sales taxes. >Leaving aside the fact that this country tried that once during the Articles >of Confederation and it didn't work, there are continuing problems with this >idea: > >[[perthousand]] It assumes that the states will do the collection willingly >and not cheat the federal government. > >[[perthousand]] It ignores the fact that states will need to be compensated >for collecting these taxes. Studies suggest that this will require at least >a 1 percent higher rate for this purpose. > >[[perthousand]] It assumes that the states will keep their sales taxes. In >fact, given the costs and burdens of facilitating a national sales tax, all >would quickly abolish their sales taxes and increase their income taxes to >replace the revenue, thus eliminating the sales tax collection machinery. >States without income taxes would immediately adopt them. > >[[perthousand]] It ignores the fact that no two states have the same sales >tax base, nor is it likely that any state's tax base will be the same as the >federal government's. This means that the cost of collecting the tax will be >far higher than 1 percent. > >Seventh, the problem of relieving the poor has not adequately been dealt >with. While there may be some virtue in treating everyone the same--rich and >poor alike--there is no possibility that the Congress would enact a sales >tax without doing something to reduce the burden on the poor. > >Historically, this has been done by exempting certain items, such as food >and clothing, from the sales tax. However, exemptions greatly increase the >complexity of the tax and the opportunities for evasion. Thus advocates of >the sales tax have suggested a rebate mechanism instead. (Studies of the >earned-income tax credit--a similar program--show error and fraud rates of >up to 40 percent.) A rebate system would quickly turn into a major >entitlement spending program running into the hundreds of billions of >dollars. And it will also require a significantly higher tax rate. > >While there are many other important problems with the sales tax, I will >conclude by pointing out that every other major country with a national >sales tax, with the exception of Australia, ultimately replaced it with a >VAT. This is because a VAT is capable of dealing with the many >administrative problems I have outlined. Therefore, I believe that the >effort to enact a national sales tax will necessarily be corrupted into a >VAT. And, as Ed Crane succinctly pointed out, a VAT would be a disaster. > >Grover Norquist Responds > >Reading the arguments of Ed Crane and Daniel Pilla, I am reminded why all >taxpayers find the present income tax system a threat to American civil >liberties and the American economy. The wonderful aspect of this debate on >reforming the tax system is that Bill Clinton and those who practice the >politics of hate and envy are so isolated from the view of most Americans >and are alone in their support of the present system. > >So, among friends of liberty and serious critics of the present tax >code--with its intrusiveness and economic deadweight--let us revisit the >argument for a flat tax on consumed income versus a national sales tax or a >VAT. > >First, I reiterate that any sales tax of 20 percent or 30 percent will >become a value-added tax. Only a VAT would be enforceable. On large ticket >items or personal service, the retail sales tax would be easily avoided. >There is a reason that every European nation with a significant consumption >tax has it in the form of a VAT rather than a retail sales tax. And it is >for the convenience of the tax collectors, not the citizenry. > >Second, the idea that a shift to a national sales tax/VAT would free "us" >from the burden of paperwork, intrusive government oversight, and forced >labor to calculate the amount of tribute sent to Washington, D, assumes that >none of "us" run businesses or are self-employed. If all service producers >and all sellers of goods must calculate their value added or their sales >prices and collect and remit taxes, this requirement would hit well over 20 >million American small-business owners. > >I have always looked forward to the day when most Americans would be >"self-employed" and contract for their own services rather than serving as >paid staff to a company. The self-employed would be more numerous today if >not for archaic and doomed laws written for the benefit of labor union >organizers. It isn't good news to a self-employed American, the owner of a >small business, an independent contractor, or a home-worker to be told that >"you" will do all the federal government's tax collecting from now on, >rather than you and wage earners. > >Karen Kerrigan, the president of the Small Business Survival Committee, >reminds us that "small businessmen and taxpayers are allies in fighting >against big government and big government intrusion. Why would some work so >hard to saddle small businessmen with all the burdens of ripping resources >out of the real economy and sending them to Washington, D?" > >Third, the sales tax fails the test of making the total tax burden clear. >Pop quiz: How much, gentle reader, did you pay in your state sales taxes >last year? How much in federal excise taxes on your phone bill, tires, >cigarettes, liquor, etc.? Yet I bet you could look up your federal income >tax burden within minutes. > >Fourth, the sales tax fails the test of making the tax painful to pay and >painful to raise. On small purchases, the sales tax would be hidden in the >price of the good or service. On large purchases, the sales tax would be >avoided--which is why the government would do what every other nation in the >world has done: turn the sales tax into a VAT. For example, if a car is only >taxed at the "retail" level, clever people would figure out how to buy at >wholesale. Only by taking at all levels of production--i.e., a VAT--can the >tax collector be sure that taxpayers don't go around retail outlets to do >their purchasing tax free. > >Fifth, the advantage of the flat tax of uniting all taxpayers in opposition >to tax hikes and in support of tax reduction would be lost by a sales >tax/VAT. Today's national sales taxes or excise taxes on cigarettes, liquor, >tires, gasoline, guns, aviation fuel, and phone bills already are all set at >different rates. At the state level, some items are exempt from state sales >taxes, others included. > >In Europe, the VAT discriminates among product categories. Some are exempt. >Some are taxed as necessities. Some are taxed as luxuries and all at >different rates. Wait until the environmentalists get to tax recyclable and >non-recyclable materials at different rates. All "social costs" can be >"internalized" in an industry by setting different rates. Packaged-goods >manufacturers can pay for landfills and recycling programs. Guns and ammo >taxes can pay for hospital costs for gang members. Snack foods can pay for >health care. Cigarettes can pay for anti-smoking ads (as they already do >through a special sales tax in California). Target an industry. Come up with >a "worthy" spending program. And you're off to the races. > >Such differential rates are a gold mine for politicians. Every year some >industry would be threatened with an upgrade from necessity to luxury. If >campaign contributions are sufficiently forthcoming, no change. If not, zap. >And some industries and products would be offered lower rates in return >for--yes, you got it--campaign contributions. The income tax has no such >ease of targeting whole industries or portions of production. > >Lastly, the greatest danger of moving to a consumption tax of any >kind--whether a national sales tax or a VAT--is that it risks saddling the >American taxpayers with what our European brethren have sadly suffered: both >an income tax and a national sales tax/VAT. No imagined benefit of the sales >tax is worth this risk. > >(TAXES) > ======================================================================== 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 ========================================================================
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