Sunday, August 19, 2012

Back in Chains remark and Romneys' Taxes


Face the Nation and Meet the Press both discussed Vice President’s Biden’s statement to a predominately African audience stating that Romney would “put y’all back in chains”.  Democrat Senator Dick Durbin could only say that Biden was not a racist. No one said VP Biden was a racist. But he brought race into the arena by his comment what Romney was going to do to them.  The issue is not that Joe Biden was racist. VP Biden implied by his comments that Romney and the GOP were racist. This is inflammatory, inaccurate and inappropriate. It was an example of the tactic to attack and distort rather than respond to the matter at hand. It is insulting that the political operatives don’t respond directly to questions but instead twist the reply with spin and misdirect the focus. Why is it so difficult to admit a mistake, apologize and move on? The issue becomes the intransigence to admit wrong. Is the process that viscous? If this was a gaffe, isn't an apology in order? I think so.

Our respected Governor O’Malley was on Meet the Press and VP Biden came up as did Romney’s taxes. I thought it interesting that on the topic of taxes mention was made that neither McCain nor Kerry released all their tax returns in the prior elections. Who knew?  We all know Romney is successful financially. As a result he utilized legal tax planning options which are not readily available to the regular citizen. From the returns already released, the Democrats have been in attack mode relying upon class envy and selective disclosure. They assert that Romney’ effective tax rate was below 15% and well below the normal middle class tax rate. But they have been careful not to say how much in dollars Romney paid in taxes nor his philanthropic or charitable contributions. For Romney to release more tax returns he is playing into the hands of the Democrats by providing them additional data to obfuscate and use to divert the attention of the electorate from the more important issues such as Budget, Government Spending, Increasing National Debt, Social Security, Medicare, Entitlements and needed Tax Reform. This list goes on.

As someone who can read a tax return, I question the Democrats honesty and ability to accurately review and then report on the legality and propriety of Romney's previously filed tax returns. First and foremost it isn't their right to examine his returns. This is confidential as they should be and if there is something wrong with the returns it is the responsibility of the IRS to examine the returns. Has anyone made any assertions that  there is anything wrong or illegal on Romney's tax returns? I have not heard any. But the assertions are more inflammatory in that he did not pay a high enough tax rate, he has Swiss Bank Accounts or accounts in the Cayman Islands or other off shore locations. These attacks are more to inflame class envy and class warfare.  They imply he isn't American enough and that we should question if he was patriotic enough in his financial activities?

Finally, from a famous statement made by a respected jurist which most tax professionals are familiar:  “Anyone may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s taxes… for nobody owes any public duty to pay more than the law demands.  Taxes are an enforceable extraction and not a voluntary contribution.”  Judge Lernard Hand, Gregory v. Helvering, 293 U.S. 465 (1935)

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