More Evidence The Bailout Is A Sham


This is pretty breathtaking. Looks like the Bushies are up to their same old tricks, sneaking stuff into bills and making new rules and reinterpreting old ones when no one is looking or there is a crisis that they can take advantage of. If someone from the AEI calls it the 'Third Rail of tax policy," then you know we're getting screwed. This is what the Bush Administration tried to quietly repeal:

Section 382 of the tax code was created by Congress in 1986 to end what it considered an abuse of the tax system: companies sheltering their profits from taxation by acquiring shell companies whose only real value was the losses on their books. The firms would then use the acquired company's losses to offset their gains and avoid paying taxes.

Lawmakers decried the tax shelters as a scam and created a formula to strictly limit the use of those purchased losses for tax purposes.

If it walks like a scam, talks like a scam, looks like a scam and smells like a scam then it probably is one. Thanks George for the nice expletive deleted on the way out.


Sean Paul Kelley November 10, 2008 - 5:18am
( categories: Business | Economics | The Markets )

The tax law is very clear. These tax benefits are illegal. The only tax lawyers who think otherwise are those who represent the big banks taking advantage of the overthrow of this law by executive fiat.

What this has meant is that in recent takeovers, the purchaser has been able to buy their target bank for free; the tax benefits come out to equal the stock or cash the bank is using to purchase their competitor. Which means, of course, that you and I are paying for these purchases as the Treasury is now $140 billion poorer by this giveaway.

Your link, by the way, does not go back to the original Washington Post article, but to the Agonist front page. There is a delicious quote at the end of the article by a tax lawyer who decries the Democrats with spines of "spaghetti", and points out this is just like 9/11 where a crisis was used to roll over Congress.

To complete its transition to a rubber-stamping puppet show, I propose that all Congressmen be required to wear togas. They might as well be seen for the tools they really are under the imperial presidency.

Numerian November 10, 2008 - 6:52am

Wearing purple?

Synoia November 10, 2008 - 7:10am

Georgie is already dressed up in the imperial purple - or at least has the helmet to go with the rest of the outfit.

Numerian November 10, 2008 - 7:20am

GWB is more like Gaius Marius. Never considered GWB as a Julius Cesar (as in the end of the Roman Republic).

Wouldn't that take a very cool, level headed, focused, constitutional scholar?

Synoia November 10, 2008 - 7:31am

Emperor Valerian led an ill-fated attack on the Middle East provinces around 260, and suffered defeat at the hands of the Persian monarch Shapur I. Historians debate just how shamefully Shapur treated Valerian, but the most common story is that he used him as a stepping stool to mount his horse. From this point on, Rome's control of the eastern half of its empire collapsed, and 70 years later Constantine formally recognized this by moving the capital to his new city on the Bosporus.

Bush will not be suffering anything at the hands of his enemies, but he has certainly accelerated the decline of the US as the dominant global power.

Numerian November 10, 2008 - 8:48am

Bush will not be suffering anything at the hands of his enemies, but he has certainly accelerated the decline of the US as the dominant global power.

I think that the US can regain its dominant global role based traditionally on moral authority under a new administration. It seems to me that the aberration can be written off to Bush if Obama makes a clean break and returns to soft power (political morality) and fairness (justice) rather than Bush's arrogant and highly partisan use of hard power (executive fiat and military might) both at home and abroad.

tjfxh November 10, 2008 - 12:29pm

:)

Tina November 10, 2008 - 7:17am

Secretary as an exercise.

http://mauberly.blogspot.com/

mauberly November 10, 2008 - 4:50pm

The Wall Street bailout looks a lot like Iraq — a "free-fraud zone" where private contractors cash in on the mess they helped create.

Rolling Stone, By Naomi Klein, Nov 13

On October 13th, when the U.S. Treasury Department announced the team of "seasoned financial veterans" that will be handling the $700 billion bailout of Wall Street, one name jumped out: Reuben Jeffery III, who was initially tapped to serve as chief investment officer for the massive new program.

On the surface, Jeffery looks like a classic Bush appointment. Like Treasury Secretary Henry Paulson, he's an alum of Goldman Sachs, having worked on Wall Street for 18 years. And as chairman of the Commodity Futures Trading Commission from 2005 to 2007, he proudly advocated "flexibility" in regulation — a laissez-faire approach that failed to rein in the high-risk trading at the heart of the meltdown.

Bankers watching bankers, regulators who don't believe in regulating — that's all standard fare for the Bush crew. What's most striking about Jeffery's résumé, however, is an item omitted when his new job was announced: He served as executive director of Paul Bremer's infamous Coalition Provisional Authority in Baghdad, during the early days of the Iraq War. Part of his job was to hire civilian staff, which made him an integral part of the partisan machine that filled the Green Zone with Young Republicans, investment bankers and Dick Cheney interns. Qualifications weren't a big issue back then, because the staff's main function was to hand over stacks of taxpayer money to private contractors, who were the ones actually running the occupation. It was this nonstop cash conveyor belt that earned the Green Zone a reputation, in the words of one CPA official, as "a free-fraud zone." During Senate hearings last year, when Jeffery was asked what he had learned from his experience at the CPA, he said he thought that contracts should be handed out with more "speed and flexibility" — the same philosophy he cited back when he was in charge of regulating Wall Street traders.

The Bush Administration has since reversed the Jeffery appointment, perhaps thinking better of giving a CPA alum such a central role in the Wall Street bailout...


When the Gods wish to punish us they answer our prayers.

Raja November 10, 2008 - 5:23pm

CPA(one certified public accountant), if any of those guys is still honest. Having read GAAP lately, I don't think any is.

http://mauberly.blogspot.com/

mauberly November 10, 2008 - 8:42pm

There was a study a few years ago showing that over 20 years, every company in the s&p 500 had earnings that averaged 10% above cashflow. Earnings are supposed to match cashflow over the years. This difference is acceptable in GAAP.

“The Playboy reader invites a female acquaintance in for a quiet discussion of Picasso, Nietzsche, jazz, sex.” - Hugh Hefner

Tonsure Wimple November 10, 2008 - 10:03pm

There is a joke told to beginning accounting students, often on the first day of class:
A large corporation was hiring, and one of the positions was for an accountant. The question asked to each interviewee was, "How much is $500 divided by 2?" Most interviewees answered $250, some got it wrong, and no one of these was hired.
One interviewee, being asked, "How much is $500 divided by 2?", responded, "What answer do you want?"
He got the job.

"All I know is just what I read in the newspapers." - Will Rogers

readr satx November 11, 2008 - 2:28am

Have been a CPA for most of my working life. There're a lot of honest ones who don't do audits. But most auditors will ask the question "what answer do you want?" A number of tax guys will do roughly the same with "we can call it an A rather than a non A". But the tax guys I've always thought were a little better. I mean the IRS can come knocking.

http://mauberly.blogspot.com/

mauberly November 12, 2008 - 10:25pm

Naomi Klein

again! Ok, she's on my A list now.

“The Playboy reader invites a female acquaintance in for a quiet discussion of Picasso, Nietzsche, jazz, sex.” - Hugh Hefner

Tonsure Wimple November 10, 2008 - 10:04pm

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