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SALT Shakeup: So Much for “Their Fair Share”

1040 Tax Form

On August 23, the Internal Revenue Service announced new rules on the  federal income tax’s State and Local Tax deduction. The rules are intended to thwart an interesting scam several state governments worked up to “save” that deduction. It’s an interesting reversal of the two major parties’ usual talking points.

Republicans love to be seen as taking axes to taxes. “Tax cuts” are their two favorite words. But as part of “paying for” last year’s tax cuts, they capped the SALT deduction. Taxpayers who itemize their deductions can now only strike $10,000 in state and local taxes off their federally taxable income. Republicans are “paying for” their middle class tax cuts by soaking the rich.

Democrats, especially Democrats who govern high-tax states, love to soak the rich. In fact, they have some favorite tax words, too — three of them on the subject of tax cuts that benefit wealthier Americans. Those Americans, Democrats say, need to pay “their fair share.” But they’re against soaking the rich (for “their fair share”) in this particular case.

Why? Well, the SALT deduction allowed those states to soak the rich more, without much of a fight. Think your taxes are too high here? Just grab that federal tax deduction to take the edge off! Pay “your fair share” here — the feds can take it in the shorts or force people in lower-tax states to subsidize you at the federal level. The SALT cap invites state and local tax rebellion.

So the tax-and-spend states came up with and audacious scheme:

They set up “charitable foundations” to do the stuff they do with taxes. Then they offered dollar-for-dollar state tax credits for donations to those foundations … which the wealthy could deduct from federally taxable income as “charitable donations” instead of as “state and local tax payments,” thus avoiding the cap.

A transparent shell game, and one the IRS can hardly be blamed for seeing through and putting the kibosh on.

I’m all in favor of state governments operating as charities, but real charities take actual donations, not donations in lieu of taxes. Why not keep those charitable foundations and use them to replace, rather than offset, state and local taxes?

And while we’re at it, how about we push the feds to do the same thing? Want a new aircraft carrier? Hold a bake sale.

Squabbling over which gang gets the tax take doesn’t change the fact that taxation is theft.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Stormy Weather for Trump, but is Sexual Hush Money a “Campaign Contribution?”

Donald and Melania Trump arrive aboard Marine One to Joint Base Andrews, MD, May 2017

On August 21, US president Donald Trump’s former lawyer entered a guilty plea on several charges. The centerpiece charge: Making an illegal campaign contribution “in coordination and at the direction of a candidate for federal office.” Michael Cohen’s own lawyer, Lanny Davis, identifies that candidate, revealing that Cohen “testified under oath that Donald Trump directed him to commit a crime.”

The issue, of course, involves a hush money payment of $130,000 from Cohen to adult film actor Stephanie Clifford, aka “Stormy Daniels.” The legal theory is that Cohen’s payment constituted an illegal and unreported in-kind campaign contribution to Trump. Or, as it is put in the charging documents, Cohen “made a $130,000 payment to [Clifford/Daniels] to ensure that she not publicize damaging allegation before the 2016 presidential election and thereby influence that election.”

I’m going to argue that that last bit — on which the criminal charge hinges — isn’t necessarily true, but first let me clear the deck.

Yes, it was stupid for Trump to pay hush money for silence from Clifford/Daniels. Yes, it was even dumber for him to have a third party make that payment on his behalf. And beyond being stupid, it was politically unnecessary.

Everyone who cared about Donald Trump’s marital infidelities and sexual peccadilloes already had enough — more than enough — information on the subject to reach the same conclusion that they would have reached from this particular incident. And it was therefore clear that nobody who still intended to vote for him as of late October 2016 DID care. Which leads me to question the claim that the purpose of the payment was political (that is, intended “to influence the election”) as such.

Trump paid out hush money — money secured by a confidentiality agreement —  to his first wife in 1992, when he was not a candidate for public office. And again to his second wife in 1999, when he was not a candidate for public office (he did withhold a payment when she threatened to go public as he prepared his failed campaign for the Reform Party’s 2000 presidential nomination, which I guess could be taken as evidence that he “intended to influence the election”).

Who else has Trump paid for silence when he wasn’t a candidate for public office, and why? Who knows?

While it’s obvious that the upcoming presidential election was much on Donald Trump’s mind in October of 2016, it’s not obvious to me that someone paying sex-related hush money on his behalf is a “campaign contribution,” especially if he had other reasons (for example, the potential wrath of his third wife) to not want his sex life on the front page. And his history says he did in fact have other motivations.

If a friend gave Trump a pair of shoes for his birthday on June 14, 2016, and he wore them while accepting the Republican Party’s presidential nomination on July 19, 2016, were those shoes a “campaign contribution?”

Trump has committed any number of impeachment-worthy offenses. Perhaps his tormentors should concentrate on those offenses instead of just looking for the easiest way to “get Trump.”

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

The Madness of the Academy

Dolby Theatre Oscar WinnersThe Academy Award for Outstanding Achievement in Popular Film isn’t winning many popularity contests itself. The announcement on August 8 of the newest “Oscar” has been received with far less enthusiasm than this year’s megahit movies like “Black Panther” and “Mission: Impossible — Fallout” that will vie for the statuette.

The new award’s intended purpose is to supplement a Best Picture trophy consistently won over the last decade by films appealing mainly to the Academy’s insider circle, despite popular movies being included in an expanded slate of nominees. After all, the big bucks spent by mainstream moviegoers are what not only turn big-budget movies into blockbusters but, via advertisers, pay for the Oscars telecast.

Instead, both industry professionals and the general public have made it overwhelmingly clear that they’re more insulted than intrigued. As populist outreach, it comes off as phony as Nurse Ratched rigging the vote on which TV program her patients can watch in the Oscar-winning “One Flew Over the Cuckoo’s Nest.” The misfire exemplifies what cartoonist Jules Feiffer called the “ignorance of authority,” satirized in his Best Animated Short winner “Munro,” in which officials maintain that the four-year-old of the title is a diminutive adult.

In “Karl Hess: Toward Liberty,” which won the Academy Award for Best Documentary Short Subject in 1981, Hess observed that “if energy can be picked up from any point on the earth, it sort of suggests to you that you don’t need central mechanisms, that you can produce important things at a local level.” This applies just as much to creative energies that inspire filmmaking as to the solar energy that powered Hess’s house. Critic Jonathan Rosenbaum noted the irony of Hess’s message being “delivered courtesy of the Academy and AT&T’s Bell System” while the onetime political insider talked of leaving such “big organizations” behind. Yet film production and distribution have already been steadily evolving in Hess’s decentralist direction; even the major studios have moved on from the era shown in “Hail, Caesar!” of filming their Biblical epics, musicals and Westerns all within the same backlot.

While Guillermo del Toro won the most recent Best Director award for the esoteric “The Shape of Water” rather than for one of his crowd-pleasers like “Blade II” or “Pacific Rim,” his arthouse and multiplex fare both illustrate the contention in his acceptance speech that “the greatest thing our art does, and our industry does, is to erase the lines in the sand. We should continue doing that when the world tells us to make them deeper.”

Maybe the real issue is the notion that the Academy Awards, or any one award ceremony, should or even can be the ultimate arbiter of quality in a diverse world. The assumption that other film awards are merely lead-ins to (or the Razzies’ caricature of) the Oscars does a disservice to both. The venerable ceremony would do better competing on an equal footing with newer awards taken just as seriously than as the center of attention by default.

New Yorker Joel Schlosberg is a contributing editor at The William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org).

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