MauledAgain

Recently, reader Morris sent me an email with the subject line, “What grade would you give this student?” In the body of the email was a link to The Bottom Line / Ask Marilyn: What to Do with a Financial Windfall.

The question posed by a reader of the column was a simple one. The reader found a diamond ring and wanted “to limit her tax liability around the sale” of the ring that the reader wanted to make.

The response was surprising:

“Yes, the gain of the sale is taxable. If you've held that asset less than a year, then it will be taxable at your regular income tax rate. However, the big question is your long-term tax rate of capital gains.

“Capital gains are defined as the profit from the sale of property or of an investment, and you have to pay taxes on it. (The IRS considers jewelry is considered a capital asset, not a “collectible,” which is taxed at a higher rate.) This rate could be as high as 20% or as low as 0%, depending on your income level.

“This means that if you hang onto the ring for over a year, the tax rate on the income from selling it will be lower.

“Even with the above, it might be beneficial to sell the ring under someone else's name–a parent or a child, for instance. However, that could affect that other person's tax liability, as well. For instance, if your parent is getting social security benefits, having them report the sale could end up making their benefits taxable. Make sure to consider the tax situation of anyone you consider having report the sale, so you can plan for the best outcome.”

Let’s begin at the beginning.

When the person finds the diamond ring and keeps it, whether or not legally doing so, the person has ordinary income equal to the value of the ring. That is well-settled federal income tax law. It is a topic that students in a basic federal income tax course encounter early in the course. As a corollary to that outcome, the person acquires a basis in the ring equal to the amount of gross income reported. If the person sells the ring within a short period of time, the person will have zero gain and zero loss. In fact, the sale price of the ring is a major factor in determining the value of the ring at the time it was sold, with the passing of a few weeks or months having no practical impact on the valuation issue. That means the determination of whether the gain is short-term or long-term is an issue that does not need to be addressed. Of course, if the reader holds the ring for a longer period of time and its value does change then there would be gain or loss, its long-term or short-term character depending on the length of time the ring is held before being sold.

The advice that “it might be beneficial to sell the ring under someone else's name” is tantamount to fraud unless the ring is the subject of a bona fide gift to the other person. That would require the finder to wash their hands of any involvement in the decision of the done to sell or not sell the ring or any of the details with respect to any sale. The idea of having someone else “report the sale” is downright dangerous advice.

So what grade would I give the answer if the question were an examination question and the answer came from a student in the course? My method of grading examinations generates scores, which are then combined with scores from other facets of the course to generate a course grade. The examination contains more than one question, so the best I can do is to offer two conclusions. First, this answer would earn zero points. Second, if this question was the only question on the examination and there were no other score-generating activities in the course, the course grade would be an F.

If I were to put a question as simple as this one on an examination it, along with one or two others, would fall into a category designed to make it easy for a student to show that they learned at least something in the course, and scoring well on those questions, and only on those questions, would bring the course grade to a D. In my grading construct, the D is the grade indicating “well, at least you learned something.”

For those who, not unlike students, would argue that the answer indicates a knowledge of short-term and long-term capital gain rates, my response is that the question did not seek any discussion of that point. One of many skills that need to be acquired or polished in law school – in fact, in every discipline – is to answer the question that is asked and not the question the person wishes would have been asked. To see how this works in the practice world, check out any Judge Judy episode when she asks a question and gets an answer that isn’t an answer to the question she asked. And let’s not mention the negative effect of the horrible advice to put the sale in another person’s name.

Both major party candidates for the presidency have expressed support for the notion of eliminating federal income (and perhaps employment) taxes on tips. There is no question that this is a ploy designed to gather votes, especially since the proposal wouldn’t amount to much of a benefit, if at all, for most workers who rely on tips to make ends meet.

Why would this proposal do little or nothing for workers who rely on tips? According to several reports, such as this one from Axios, and this one from Alternet, Alex Morash of the advocacy group One Fair Wage, in a report compiled in collaboration of the University of California at Berkeley Food Labor Research Center, concluded that nearly one-half of tipped workers in restaurants earn less than the $13,850 cutoff for paying federal income taxes. About two-thirds of them live in households with income too low to create federal income tax liability. In other words, excluding tip income from the gross incomes of these workers does absolutely nothing for them. I think the number of workers who would not benefit is even higher, because these computations apparently do not take into account any credits to which the workers may be entitled to claim. This conclusion is supported by analyses offered by the Tax Policy Center. And if tips are exempted from employment taxes, it jeopardizes the eligibility of tipped workers for Social Security and Medicare coverage or reduces what they are eligible to collect.

So who would benefit from excluding tip income from gross income? Most likely, the small percentage of tipped workers who collect large amounts of tips. Those workers, estimated to constitute about 5 to 10 percent of tipped workers, gather their tips at luxury hotels and restaurants. Though they would welcome a reduction in their federal income tax liabilities, assuming they have any, in the long run it would work to their detriment. Let’s see why.

Cutting federal income taxes on tips gives the employers of tipped workers another argument against raising the minimum wage or at least reducing any increase. Though excluding tips from gross income would benefit only a small percentage of tipped workers, the concept would help employers spare themselves the expense of raising wages for all workers, including those who are barely getting by even with tip income.

Who else might benefit? Tips are nothing more than another form of compensation for the performance of services. It should make no difference whether money flows directly from a customer to a worker or from the customer to the worker through the employer. In both instances the worker is receiving compensation. If the handful of tipped workers who pay taxes on their tips should be excused from doing so because they are perceived to be earning insufficient income, then the same benefit should be given to all other workers who are earning the similar amounts of insufficient income. In other words, raise the standard deduction or make adjustments in the tax rate schedules rather than singling out one class of worker for special treatment.

Then there are those who would manipulate the system to convert non-tip forms of compensation into tips. Already there are planners thinking about ways to make this happen. It’s not my intention to provide blueprints for this sort of behavior other than to note that it is possible. Imagine the impact on the economy, to say nothing of the operation of government, if suddenly all wage earners were being paid minimum wage and the rest of their pay in “tips.” It could be worse, as clever planners find ways to convert partnership and S corporation distributions, C corporation dividends, and other forms of income into “tips.” At least the presumptive nominee for one major political party includes in the proposal plans to find ways to prevent this from happening.

Of course, as is the case with many special interest tax provisions, the proposal is nothing more than a band-aid designed to soften rather than address the impact of the underlying problem. Even if the proposal to exclude tips from gross income was a sincere effort to help underpaid workers and not a vote-grabbing ploy in the state where it was announced, a state where a high proportion of workers rely on tips, it is a feeble excuse of a solution for the problem of underpaid workers. There needs to be an increase in the federal minimum wage, which has not been changed since 2009. Even though some states have stepped up to deal with this Congressional neglect, there are workers in states that have not done anything to deal with the problem. Worse, the federal minimum wage is sharply reduced for workers in industries where tipping is the norm, so long as the tips bring the worker’s hourly pay up to the federal minimum wage. This exception encourages tipping.

Tipping is a major ingredient of American culture. It’s different in other countries, where workers are paid a living wage and do not need to rely on the decisions of customers. Though many customers tip based on the quality of service, too many cut tips if they are unhappy with other aspects of their experience beyond the control of the tipped worker, too many don’t leave tips (or leave very tiny tips) because they “don’t believe in tipping,” too many “forget” to tip, and too many, including the many tourists from other countries, simply don’t understand the tipping culture. Making a shift from the “American way” of compensating workers in certain service industries to the pattern in place in other countries would be difficult but not impossible, and in the long run far more efficient.

Those who oppose changing the culture of tipping want to retain “a way to show the business that its services is terrible.” The way to show a business that its service is terrible is to stop patronizing the business. Then the business in theory fixes the problems or goes out of business. If the problem is the worker, the worker needs to be retrained or released. If the problem is something else, as it often is though “taken out” on the worker through a reduced or eliminated tip, then the business either fixes the problem or goes out of business.

Once again, it is apparent that blurting out something that “sounds good” in a sound bite or tweet isn’t so good when the idea is subjected to examination, analysis, and critical thinking. Very few Americans understand the full ramifications of a simple “stop taxing tips” ploy. It’s not that simple.

It’s been a while since I wrote about a television court show. Today reader Morris directed me to an episode of Justice For All with Judge Cristina Perez. He asked me about the tax consequences of the transactions at issue. I have addressed tax issues in television court shows many times, in posts such as Judge Judy and Tax Law, Judge Judy and Tax Law Part II, TV Judge Gets Tax Observation Correct, The (Tax) Fraud Epidemic, Tax Re-Visits Judge Judy, Foolish Tax Filing Decisions Disclosed to Judge Judy, So Does Anyone Pay Taxes?, Learning About Tax from the Judge. Judy, That Is, Tax Fraud in the People’s Court, More Tax Fraud, This Time in Judge Judy’s Court, You Mean That Tax Refund Isn’t for Me? Really?, Law and Genealogy Meeting In An Interesting Way, How Is This Not Tax Fraud?, A Court Case in Which All of Them Miss The Tax Point, Judge Judy Almost Eliminates the National Debt, Judge Judy Tells Litigant to Contact the IRS, People’s Court: So Who Did the Tax Cheating?, “I’ll Pay You (Back) When I Get My Tax Refund”, Be Careful When Paying Another Person’s Tax Preparation Fee, Gross Income from Dating?, Preparing Someone’s Tax Return Without Permission, When Someone Else Claims You as a Dependent on Their Tax Return and You Disagree, Does Refusal to Provide a Receipt Suggest Tax Fraud Underway?, When Tax Scammers Sue Each Other, One of the Reasons Tax Law Is Complicated, An Easy Tax Issue for Judge Judy, Another Easy Tax Issue for Judge Judy, Yet Another Easy Tax Issue for Judge Judy, Be Careful When Selecting and Dealing with a Tax Return Preparer, Fighting Over a Tax Refund, Another Tax Return Preparer Meets Judge Judy, Judge Judy Identifies Breach of a Tax Return Contract, When Tax Return Preparation Just Isn’t Enough, Fighting Over Tax Dependents When There Is No Evidence, If It’s Not Your Tax Refund, You Cannot Keep the Money, Contracts With Respect to Tax Refunds Should Be In Writing, Admitting to Tax Fraud When Litigating Something Else, When the Tax Software Goes Awry. How Not to Handle a Tax Refund, Car Purchase Case Delivers Surprise Tax Stunt, Wider Consequences of a Cash Only Tax Technique, Was Tax Avoidance the Reason for This Bizarre Transaction?, Was It Tax Fraud?, Need Money to Pay Taxes? How Not To Get It, When Needing Tax Advice, Don’t Just “Google It”, Re-examining Damages When Tax Software Goes Awry, How Is Tax Relevant in This Contract Case?, Does Failure to Pay Real Property Taxes Make the Owner a Squatter?, Beware of the Partner’s Tax Lien, Trying to Make Sense of a “Conspiracy to Commit Tax Fraud”, Tax Payment Failure Exposes Auto Registration and Identity Fraud, A Taxing WhatAboutIsm Attempt, When Establishing A Business Relationship, Be Consistent, as the Alternative Can Be Unpleasant Litigation, Sadness on Multiple Levels: Financial Literacy, Factual Understanding, Legal Comprehension, When the Lack of Facts Produces “Rough Justice” in a Tax-Related Case, and Is the Tax Return Preparer or the Client Responsible For Unjustified Deductions?.

The case that reader Morris brought to my attention interested me not only because of the tax issues, which are actually very straight-forward, but also because of the underlying facts. A young woman, who was tired of attending family events by herself because everyone else was married or had a significant other, hired a young man to pretend to be her date for Thanksgiving weekend with her family. She found the fellow on a website that provides a platform for those who want a date to contact those who are willing to be, as the judge put it, “fake dates.” The young woman not only paid the young man $750 per day for the four days, but also paid about $2,400 to cover the cost of his flight, hotel room, and transportation. One of the terms of the contract was that the young man’s status as a fake date was not to be revealed.

Things went well the first day. One of the young woman’s cousins who was at the family gathering stayed, with her boyfriend, at the same hotel at which the young man was staying. On Thursday night or Friday morning, the cousin broke up with her boyfriend because he was getting multiple phone calls from another woman, with whom he met up after the breakup. When the “fake date” showed up at the family home he was accompanied by the cousin, and the two of them were being very affectionate. According to the young woman who hired the date, he pretty much ignored her and focused on the cousin.

After the four-day date ended, unbeknownst to the young woman, the young man entered into a relationship with the cousin. About a month later, when the young woman’s family held its Christmas gathering, the young man showed up with the cousin, as boyfriend and girlfriend. Things took a bad turn when the cousin “told everyone” that the supposed boyfriend of the young woman was a “fake date” hired by her. It turns out that the young man had told the cousin about the hired date arrangement in order to assure her that he was not in a relationship with the young woman.

The young woman sued the “fake date” for a return of the $5,400 that she had paid directly to him and to provide him transportation and lodging. Judge Perez declared that it was the easiest case she had heard all week, and held in favor of the young woman for the full $5,400.

Reader Morris asked me four questions: “Does the defendant have gross income? Is it business income on Schedule C? Does the Plaintiff have any federal tax consequences? Can the defendant deduct the judgement for breach of contract as a business expense on his Schedule C?”

My answer was rather short. “Yes, the defendant has gross income that is reported on Schedule C. The defendant also offsets gross income by the amount refunded to the plaintiff, just as any service provider refunds a customer when the service fails to comply with the contract. Thus there is no need for a deduction. The plaintiff has no tax consequences because the transactions were personal in nature and not connected with a trade or business or for-profit activity.”

The tax conclusions aren’t novel or complex or bewildering. The underlying facts, though, are far more interesting than, for example, a lawn service customer suing a lawn maintenance company for damaging trees or breaking a fence. When people tell me that tax is boring, I reply that it often is but the underlying stories are what makes it interesting.

More than 14 years ago, in Internal Revenue Code: Small Change, New Feature, New Look, I posed the question of what names should be given to two components of Internal Revenue Code section 4980I(b)(3)(C)(iii)(II)(aa) and (bb). I explained that although 4980I was the section, (b) was the subsection, (3) was the paragraph, (C) was the subparagraph, (iii) was the clause, and (II) was the subclause, I did not know nor could I find a name for (aa) and (bb).

Yesterday reader Morris sent me an email captioned, “The search of 14 years is over.” I must confess that during those 14 years I had not been actively searching for an answer. But reader Morris came upon what appears to be an answer.

According to this Wikipedia article, the name for (aa) and (bb) is item, and the name for the next component, (AA) and (BB), etc., is subitem. The Wikipedia article, apparently written in 2018, and updated in 2021, cites two sources, one of which I cannot find though it has been archived. The other source, the Detailed Guide to the United State Code Content and Features from the Office of the Law Revision Counsel for the United States Code, states, “Sections are often subdivided into a combination of smaller units such as subsections, paragraphs, subparagraphs, clauses, subclauses, and items.“ The Guide does provide a date for its creation or updates. The Wikipedia article citation to the Guide states, “Archived from the original on November 26, 2022. Retrieved February 2, 2021.”

It appears that the designation of “item” and “subitem” for the (aa) and (AA) components of the Internal Revenue Code is a fairly recent development. I’m certain that when the Guide was first written there was no need for those designations because legislation had not become as complicated as it now is, creating the need for deep levels of substructures.

If I were still teaching the introductory federal income taxation course, I would need to update the materials I provided to the students. Though I am no longer teaching that course, I decided to provide this update to the question so that those who do teach the course and give attention to the structure of the Internal Revenue Code (and Treasury Regulations) can update their materials. Because I know that there are at least a handful of law faculty using parts of the materials I developed it made sense to me to share this new information (that came to me thanks to reader Morris). I also figured that readers of this blog, many of whom are tax professionals or otherwise interested in tax, would benefit from knowing that (aa) and (AA) have been given names.

The headline in this advice column surely catches the eye of many people as it caught mine. It’s simple and entice. It suggests, “How to make $100,000 or more and pay no income taxes” Many people think of the verb “make” in this respect as including “making money” by having a job. The advice on what someone should do to get their federal income taxes down to zero works, but there’s a catch. It requires that the person’s income consist of qualified dividends and long-term capital gains. Specifically, the advice applies to married couples though there is similar reasoning for unmarried taxpayers. The explanation? According to the advice, “The big thing to know, however, is that you can recognize as much as $94,050 in qualified investment income as a married couple and pay no income. Tack on another $29,200 in income that is tax-free from a standard deduction, and you can escape income tax on at least $123,250.”

So who can set up their finances to fit within the advice? Someone who earns their income by working? No, because wages are not long-term capital gains and they aren’t qualified dividends. Someone who adds to their wages by putting money in the bank an earning some interest? No, because interest payments are not long-term capital gains and they aren’t qualified dividends.

So who can arrange their finances so that their income consists of long-term capital gains and qualified dividends? Someone who has sufficient capital to generate $94,050 of those items. How much capital is required depends on the rates of return that one assumes would apply. A safe guess would be somewhere in the vicinity of $1.5 to $2.0 million.

But there’s another catch. If a person with sufficient capital to generate this sort of income also has wages, interest, or other ordinary income, some or all of the untaxed $123,250 will be taxed. So who’s still eligible to do the “pay zero taxes” thing? Someone with sufficient but not too much capital, who keeps their qualified long-term capital gains and qualified dividends within the zero-tax range, who doesn’t need or have any other type of income. There aren’t very many people who will end up taking advantage of the “pay zero tax” arrangement.

So it’s understandable when most Americans consider the federal income tax to be skewed in favor of the investing class and not workers. It is so skewed. What is missing in most instances is taking the next step, from recognizing the biases in the federal income tax, understanding how and why they came to exist, and then taking steps to vote for legislators who are willing to change the law so that it doesn’t disfavor those who need to work to make a living. That’s a tall order, because those who benefit from the skewed income tax law are the ones with the wherewithal to finance the campaigns of legislators who are unwilling to balance the income tax law but rather want to make it even more favorable to those who benefit from the imbalance. And, no, throwing a few crumbs to low-income wage earners does very little to help them and does nothing for the disappearing middle class.

I understand why people don’t want to pay taxes. People don’t want to pay for anything, at least until (and unless) they think about the consequences of trying to get something for nothing. Most people understand that trying to get a person to mow their lawn for free, or serve them a restaurant meal for free, is wrong for so many reasons, both legally and morally. Yet they don’t have the same hesitation when it comes to trying to get public services for free. I think the reason is that there is a more attenuated connection between taxes and public services than there is between the direct payment to the lawn mowing person or the restaurant. And that is where the education system has failed the nation, because too many people do not realize the extent of the public services they receive without being aware that they are benefitting. Why? Because they take them for granted.

So, no, I have no interest, if even I could somehow fit within the suggested financial structure, in paying zero taxes. Why? Because I know that if I pay no taxes I ought not expect anyone else to pay taxes. And I know what would happen if no one paid taxes. I do wish everyone else also would know what would happen. Then the “pay zero taxes” ploys would fall on deaf ears.

A pilot “road charge” program is underway in California. It is an implantation of the mileage-based road fee that I have supported for many years. I’ve also written about the fee many times, in posts such as Tax Meets Technology on the Road, Mileage-Based Road Fees, Again, Mileage-Based Road Fees, Yet Again, Change, Tax, Mileage-Based Road Fees, and Secrecy, Pennsylvania State Gasoline Tax Increase: The Last Hurrah?, Making Progress with Mileage-Based Road Fees, Mileage-Based Road Fees Gain More Traction, Looking More Closely at Mileage-Based Road Fees, The Mileage-Based Road Fee Lives On, Is the Mileage-Based Road Fee So Terrible?, Defending the Mileage-Based Road Fee, Liquid Fuels Tax Increases on the Table, Searching For What Already Has Been Found, Tax Style, Highways Are Not Free, Mileage-Based Road Fees: Privatization and Privacy, Is the Mileage-Based Road Fee a Threat to Privacy?, So Who Should Pay for Roads?, Between Theory and Reality is the (Tax) Test, Mileage-Based Road Fee Inching Ahead, Rebutting Arguments Against Mileage-Based Road Fees, On the Mileage-Based Road Fee Highway: Young at (Tax) Heart?, To Test The Mileage-Based Road Fee, There Needs to Be a Test, What Sort of Tax or Fee Will Hawaii Use to Fix Its Highways?, And Now It’s California Facing the Road Funding Tax Issues, If Users Don’t Pay, Who Should?, Taking Responsibility for Funding Highways, Should Tax Increases Reflect Populist Sentiment?, When It Comes to the Mileage-Based Road Fee, Try It, You’ll Like It, Mileage-Based Road Fees: A Positive Trend?, Understanding the Mileage-Based Road Fee, Tax Opposition: A Costly Road to Follow, Progress on the Mileage-Based Road Fee Front?, Mileage-Based Road Fee Enters Illinois Gubernatorial Campaign, Is a User-Fee-Based System Incompatible With Progressive Income Taxation?. Will Private Ownership of Public Necessities Work?, Revenue Problems With A User Fee Solution Crying for Attention, Plans for Mileage-Based Road Fees Continue to Grow, Getting Technical With the Mileage-Based Road Fee, Once Again, Rebutting Arguments Against Mileage-Based Road Fees, Getting to the Mileage-Based Road Fee in Tiny Steps, Proposal for a Tyre Tax to Replace Fuel Taxes Needs to be Deflated, A Much Bigger Forward-Moving Step for the Mileage-Based Road Fee, Another Example of a Problem That the Mileage-Based Road Fee Can Solve, Some Observations on Recent Articles Addressing the Mileage-Based Road Fee, Mileage-Based Road Fee Meets Interstate Travel, If Not a Gasoline Tax, and Not a Mileage-Based Road Fee, Then What?>, Try It, You Might Like It (The Mileage-Based Road Fee, That Is) , The Mileage-Based Road Fee Is Superior to This Proposed “Commercial Activity Surcharge”, The Mileage-Based Road Fee Is Also Superior to This Proposed “Package Tax” or “Package Fee”, Why Delay A Mileage-Based Road Fee Until Existing Fuel Tax Amounts Are Posted at Fuel Pumps?, Using General Funds to Finance Transportation Infrastructure Not a Viable Solution, In Praise of the Mileage-Base Road Fee, What Appears to Be Criticism of the Mileage-Based Road Fee Isn’t, Though It Is a Criticism of How Congress Functions, Ignorance and Propaganda, A New Twist to the Mileage-Based Road Fee, The Mileage-Based Road Fee: Simpler, Fairer, and More Efficient Than the Alternatives, Some Updates on the Mileage-Based Road Fee, How to Pay for Street Reconstruction, Stop the "Stop EV Freeloading Act" Because The Mileage-Based Road Fee Is a Much Better Way to Go, Why Is Road Repair and Maintenance Funding So Difficult for Public Officials to Figure Out?, Should (Will) Implementing the Mileage-Based Road Fee Cause Privatization of Highway Infrastructure?, and The Freedom Caucus Doesn’t Understand that the Mileage-Based Road Fee is “PRO-Freedom,” Not the Opposite.

What caught my attention wasn’t the pilot program, but something written about it by Andrew Leahy in Week in Insights: California ‘Road Charge’ Is Sensible, if Flawed. He wrote, “The ‘road charge’ should really be a ‘transportation charge.’ And it should transparently break down how the funds raised will be allotted to road maintenance, public transit, climate change initiatives, and state remediation programs.” I tried to find information about the intended use of the California road charge revenue other than for road repair and maintenance, but I was unsuccessful. If indeed some of the revenue is earmarked for public transit, climate change initiatives, and state remediation programs, then it violates the principle that user fees should be directed to the goods or services for which the fees are being paid. I understand, for example, that one might argue that a person using a highway ought to pay for the “privilege” of avoiding the use of public transit, but considering the awful state of public transit in this nation, that sort of reasoning would lead to the concept of public transit riders paying road users for refraining from overburdening inadequate public transit facilities.

Of course, changing the word “road” to “transportation” doesn’t change the underlying question of the uses to which the revenues are put. The word “transportation” would make sense if the fee were to be applied not only to the use of roads, but also the use of airports, air space, rivers, ports, and railroad tracks. Of course, the use of the word “road” neglects the fact that drivers also use bridges, tunnels, and rest areas. But “road” suffices to convey the message. The word “transportation” would suggest uses for other transport functions and if the revenue is directed to non-transportation purposes would be as inadequate as the word “road.” Directing revenue to other purposes would give the fee too much of a resemblance to a tax. And changing the word “fee” to “tax” would make it even more challenging to persuade people and legislatures to adopt the mileage-based road fee.

The Republican Party continues in its efforts to reduce taxes paid by wealthy individuals and large corporations. One tactic is marketing tax cuts for the wealthy as tax cuts for people of low and moderate income. Another tactic is to restrict the ability of the IRS to audit wealthy individuals and large corporations.

According to many sources, including this report, the most recent maneuver in this attempt to put more money in the pockets of the wealthy is legislation that would cut the IRS budget by 18 percent. Most of the cut would affect IRS enforcement spending. At the moment, the legislation has no chance of being enacted, but that will change in 2025 if Republicans manage to take control of Congress and the White House.

This is far from the first time I have written about the efforts of wealthy individuals to escape taxation. In Cutting Off the Tax Revenue Nose to Spite a Political Face, I explained how similar legislation was introduced last year was defended on the false claim that the IRS focuses its enforcement efforts on taxpayers with less than $400,000 of annual income. This claim is intended to rally support among those who, if they understood what is happening, would vote overwhelmingly to remove from office these friends of the wealthy. In a previous commentary, Fear Mongering, Tax Style, I explained why that claim, and the claim that the IRS would hire nearly 100,000 new auditors, were lies, and why they find “fertile ground in the hearts and minds of those who react quickly to emotions and fail for one reason or another to think critically and dissect the absurdity of the claims.”

I’ve previously pointed out how Republicans plan to offset some of the revenue loss created by their intended shrinkage of the IRS and gifting of more tax breaks to the wealthy. They plan to go after Social Security and Medicare. In January the same crew that is trying to cut the IRS enforcement budget pushed through another doomed effort, that is, doomed until and unless Republicans take control in 2025, to cut Social Security, Medicare, and Medicaid, in the enticingly but deceptively named Fiscal Commission Act.

It continues to amaze me how so many people will vote for candidates who plan to support legislation that works to the detriment of most of their supporters. Will they ever learn?

When I looked back at my blog posts I realized that I have not written a Memorial Day essay every year since MauledAgain came into existence. Considering that I have posted something for (almost) every Thanksgiving and Halloween, I let myself ponder why the difference. I concluded that my posting for various events and holidays are episodic and that every year something has happened for Halloween and Thanksgiving, but that it hasn’t happened for other holidays. Perhaps it’s simply a matter of what catches my attention.

Three years ago, in The Price of Freedom Is Much More Than Taxes. I addressed the connection between the payment of taxes and the things people take for granted as part of their “freedom.” More than a decade ago, 2011, I had written, in Free, Freedom, Fees, and Taxes, that “In order for a person to have something for free, someone else must pay.”

Last year, in Indeed, Freedom Is Not Free, I explained why freedom is not the same thing as unregulated behavior, pointing out that people who think they are free to drive 90 miles per hour on a 55-mile-per-hour highway, free to run red lights, free to shoplift, free to do whatever they want no matter what have a warped sense of the meaning of freedom. I wrote this about unregulated freedom:

Too often, those who claim that this unregulated “freedom” is sacrosanct point to the arrival of Puritans in what is now Massachusetts. They are idolized as seekers of freedom, trying to escape religious and political persecution. Yet when they arrived in the Massachusetts Bay Colony, they immediately started acting in the same manner as had their tormenters, in turn suppressing those whose religious beliefs or political positions conflicted with those set down by the Puritans. The contrast with Pennsylvania, also settled by victims of religious persecution, but where those of diverse origins and religions were welcomed, is startling. I didn’t learn this in school because it isn’t taught in this manner, nor is this lesson noted. I learned this when I did the research to write the biography of Thomas Maule of Salem, reading not only his works and those of others, both in his day and thereafter, but also studying the social and cultural environment in which his fellow citizens, of a different religious persuasion, acquitted him of the seditious libel charges brought by Puritan authorities who resented being tagged as hypocrites. And they truly were. Seem familiar? Today the nation is being tormented by “freedom lovers” who are trying to prevent Americans from learning the truth about the hypocritical Puritans whom they not only worship but whose hypocrisy they emulate and imitate.

I then asked a question, specifically, “What sort of ‘freedom’ will this nation embrace?” I contrasted two models. One is the “freedom” to escape torment and persecution only to torment and persecute others. The other is the “freedom” to welcome those with different perspectives while refusing to adopt the methods of those from whom freedom was sought.

It is the first model that I want to consider. It requires a contrast between “freedom to do” and “freedom from.” In some respects those two phrases express the same concept. “Freedom to do” is, after all, simply “freedom from” regulation and “freedom from” authority. Yet there is a conflict, because one person’s “freedom to do” whatever they want conflicts with another person’s “freedom from” whatever it is the first person is doing. In realistic terms, “freedom to do” 90 miles per hour on the highway conflicts with another person’s “freedom from” injury and death while driving.

What makes the analysis particularly difficult on Memorial Day is a troubling tension between “freedom from” and “freedom to do.” On Memorial Day we remember and honor those who died to give this nation “freedom from” authoritarianism, dictatorship, repression, and ethnocentrism. Yet we also seem increasingly complacent when those who benefitted from the sacrifice of those we honor claim to have the “freedom to do” the very same behaviors the suppression of which was the purpose for which those we honor fought and died. It is particularly disturbing when people who profess a deep admiration for those who gave their lives to protect the nation from those enumerated evils are at the same time supporting people and policies that nurture and enlarge those same evils in this nation. What was the point of so many sacrifices to eliminate authoritarianism, dictatorship, repression, and ethnocentrism when there are people who want those same attributes to become the linchpin of this nation’s existence?

So there is both a freedom to do and a freedom from, but both freedoms are, as I pointed out, two sides to the same coin. And whether considered as one or two, freedom not only is not free, but it also is not unlimited. One person’s freedom exists within the boundary created by the freedoms of other persons. Removing that boundary invites and fuels chaos, catastrophe, and ultimately freedom for no one because no one will be left. This time around the end of civilization is the end of the species. All the parades, picnics, hot dogs, beach trips, ceremonies, and social meme posting will mean nothing if the meaning and scope of freedom is misunderstood by increasing numbers of people. It’s time to remember that rights only exist if responsibilities thrive.

As readers of this blog know, I am not a fan of these public-private partnerships. I have explained my objections to public-private partnerships and privatization of public functions in posts such as Are Private Tolls More Efficient Than Public Tolls?, When Privatization Fails: Yet Another Example, How Privatization Works: It Fails the Taxpayers and Benefits the Private Sector, Privatization is Not the Answer to Toll Bridge Problems, When Potholes Meet Privatization, Will Private Ownership of Public Necessities Work?, and So Who Decides If Tolls Can Be Imposed on Pennsylvania Bridges?. These public-private partnerships don’t work out well. They are the product of legislative attempts to find funding without raising taxes, tolls, or other fees while generating revenue for their private sector donors, with hopes that the outcry against tolls and similar charges will be directed against the private entity involved in the project. Of course, voters can’t control, vote out, or do much of anything with respect to the private entity, whereas legislators see themselves at risk of losing the next election, something on which they focus too much. As I pointed out in So Who Decides If Tolls Can Be Imposed on Pennsylvania Bridges?, legislatures rush into these arrangements only to figure out that they made a big mistake.

Today, reader Morris directed my attention to yet another very big mistake made by the legislature in Texas. In a story about an increase in the number of toll roads in Texas,** a former Texas state representative admitted that “Texas made a mistake.” According to the story, in 2007 Cintra, a private toll company, won its bid to build part of a new toll road in Collin County. The road would cost $500 million to build. The company, based in Spain, offered $2.7 million to take over the project, in exchange for its right to receive the next 52 years of tolls. Eventually someone figured out that the expected revenue stream from only the first 40 years of tolls flowing to the Spanish company would amount to $34 billion. In other words, Texas would be giving up $34 billion of revenue in exchange for $2.7 billion up front. Even taking into account the costs of operating, maintaining, and repairing the road would cut into the net revenue from the project, this clearly was a “private sector wins, state of Texas and its residents lose” deal. Worse, the contract prohibited Texas from increasing the capacity of free roads that connected to the toll road, and also prohibited the state from buying back toll roads from the private companies. Fortunately, these problems were caught in time by the administrative agency that handles transportation in Texas and it rescinded the contract.

Why are these deals bad? The reason is simple. The public-private deal creates profits for the private sector, and to fund those profits taxpayers and toll payers are required to pay more than they would if the public function remained public. Why do legislatures fall for these deals? Because they want to be re-elected and that requires support from the private sector, specifically the segment of the private sector that controls the huge amounts of money involved in these deals.

There’s another lesson lurking in this story. It was the administrative agency, not the legislature, that listened to people who understand the complexity of these deals and saved Texas residents. It’s no surprise, therefore, that certain legislators across the country, including some in the nation’s capital, are trying to eliminate, disempower, and curtail administrative agencies. Those agencies are where the expertise resides. It doesn’t reside in legislatures, in part because legislators need to allocate time among thousands of issues which leaves them no time to get into details, and in part because far too many legislators invest increasing amounts of time to re-election attempts and distracting political theater.

** The entire article (and its scheduled follow-up) is worth reading for an examination of what happens when the refusal to impose or increase taxes coupled with handing over government functions to private domestic and foreign companies causes a variety of problems extending beyond the question of who pockets toll revenues. Highway fatalities, erroneous loss of vehicle registrations, criminal prosecutions controlled by toll companies, and a long list of other problems plague the state.

Most people, when they hear the word “tax,” think not only of their distaste for paying taxes but also think of “numbers.” Sadly, many people dislike and even fear working with numbers. Anyone who has worked with taxes knows that taxes involve much more than numbers. They also know that although computers can handle the computational side of tax numbers, the non-numerical aspects of taxation require the sort of policy, judgment, wisdom, and subjective evaluation that have yet to show up successfully in software. I have written about this misunderstanding of taxation in Why Tax Practitioners Must Be Good With Words, and Not Just Numbers. I offered examples of tax issues in which words were in play mattered and numbers were on the sideline in posts such as Medical Expense Deductions for Embryo and Cord Blood Storage, Pets and the Section 119 Meals Exclusion, The Things Tax Lawyers Must Ponder, and Not That More Proof Is Needed, But Here’s Another Example That Taxes Aren’t “Just Numbers”.

Reader Morris has directed my attention to a decision by the Commonwealth Court of Pennsylvania that addressed the question of whether Perrier carbonated natural mineral water is water exempt from the sales tax or a soft drink subject to the sales tax. The court explained that the product is a soft drink because it is carbonated using the same process used to carbonate soft drinks. The court relied on the definition of “soft drink” in the statute, which includes “carbonated water.”

As I’ve also pointed out, those who practice tax law learn, and must learn, all sorts of things that are beyond the statutes, regulations, and other authorities that set forth the law of taxation. In this instance I learned that Perrier carbonated natural mineral water isn’t simply natural carbonated mineral water extracted from underground. Instead, the mineral water and the carbonic gas are extracted separately from the same geological formation and then are combined through a process that involves removing impurities, chilling the water, and removing air from the water. Surprisingly, any carbonation in the harvested water is removed before the carbonic gas extracted from a different area in the geological formation is added.

This case is an interesting illustration of why legislatures need to do what attorneys need to do. Before drafting legislation, and while reviewing legislation as it moves through the legislature, legislators should acquire as much information as possible so that they can craft statutes that answer questions. In this situation, because of the arguable ambiguity in the statute concerning the differences between water and soft drink, the legislature could have simply inserted the word “noncarbonated” before the word “water” in the section of the statute exempting water from the sales tax or the phrase “artificially” before the phrase “carbonated water” in the definition of “soft drink.” Either of these tweaks, or any other that would align with what the legislature intended once it made itself aware of the uncertain status of Perrier water would have spared the litigants the cost and time invested in the litigation, and would have reduced the court’s docket by at least one case. On the other hand, if the statute had been so drafted, I and others might have continued with our ignorance with respect to how Perrier carbonated natural mineral water is produced unless some other reason caused us to research the question.

I close by tipping my hat to the court for its clever work with the English language. No, I’m not talking about the word “water” and the phrase “soft drink.” I’m referring to this sentence from the court’s opinion: “The issues raised before this Court bubble down to one question.” With the court’s decision, barring a reversal on appeal, the ongoing dispute between the taxpayers and the Department of Revenue over this issue has fizzled out.

From time to time I have shared my thought about tax return preparers, particularly those who get into trouble. Sometime my focus is on the clients who end up being shortchanged by tax return preparers whose actions cause the clients to undergo audits that they would not have experienced had their returns been properly filed. I don’t write about every tax return preparer who is convicted, because in recent years that has been happening with increasing frequency. Most of the press releases don’t add new wrinkles but fall into the “here’s another one who did the same thing as the last several who were convicted” category. Those who are interested can take a look at my previous posts focusing on tax return preparers, in posts such as Tax Fraud Is Not Sacred, More Tax Return Preparation Gone Bad, Another Tax Return Preparation Enterprise Gone Bad, Are They Turning Up the Heat on Tax Return Preparers?, Surely There Is More to This Tax Fraud Indictment, Need a Tax Return Preparer? Don’t Use a Current IRS Employee, Is This How Tax Return Preparation Fraud Can Proliferate?, When Tax Return Preparers Go Bad, Their Customers Can Pay the Price, Tax Return Preparer Fails to Evade the IRS, Fraudulent Tax Return Preparation for Clients and the Preparer, Prison for Tax Return Preparer Who Does Almost Everything Wrong, Tax Return Preparation Indictment: From 44 To Three, When Fraudulent Tax Return Filing Is Part of A Bigger Fraudulent Scheme, Preparers Preparing Fraudulent Returns Need Prepare Not Only for Fines and Prison But Also Injunctions, Sins of the Tax Return Preparer Father Passed on to the Tax Return Preparer Son, Tax Return Preparer Fraud Extends Beyond Tax Returns, When A Tax Return Preparer’s Bad Behavior Extends Beyond Fraud, More Thoughts About Avoiding Tax Return Preparers Gone Bad, Another Tax Return Preparer Fraudulent Loan Application Indictment, Yet Another Way Tax Return Preparers Can Harm Their Clients (and Employees), When Unscrupulous Tax Return Preparers Make It Easy for theblo IRS and DOJ to Find Them, Tax Return Preparers Putting Red Flags on Clients’ Returns, When Language Describing the Impact of Tax Fraud Matters, Injunctions Against Fraudulent Tax Return Preparers Help, But Taxpayers Still Need to Be Vigilant, Will the Re-Introduced Legislation Permitting Tax Return Preparer Regulation Be Enacted, and If So, Would It Make a Difference?, Can Fraudulent Tax Return Preparation Become An Addiction?, Tax Return Preparers Who Fail to File Their Own Returns Beg For IRS Attention, Using a Tax Return Preparer? Take Steps to Verify What Is Filed on Your Behalf, When Dishonest Tax Return Preparers Are Married, There Was Nothing Magical About This Tax Return Preparation Business, Don’t Get Burned By a Tax Return Preparer, Tax Fraud School: When It’s Not Enough to Be a Fraudulent Tax Return Preparer, It’s Not Just Tax Return Preparers Assisting in the Preparation of Fraudulent Tax Returns, Overused Fraudulent Tax Return Preparation Ploys, It’s Not Just Law Enforcement That Confronts Misbehaving Tax Return Preparers, When An Injunction Doesn’t Stop a Tax Return Preparer from Filing False Returns, Filing a Fraudulent Tax Return Is Bad, Filing More Than 3,000 Is Outrageously Bad, When It Comes to Fraudulent Tax Returns, It's Not Always the Preparers, A Procedural Twist on Dealing with Fraudulent Tax Return Preparers, Can Tax Return Preparers Learn from the Misdeeds of Other Preparers?, Should Tax Return Preparers Use Their Full Legal Names?, Is There Ever a Free Lunch, Even in the Tax Return Preparation Business?, and Is the Tax Return Preparer or the Client Responsible For Unjustified Deductions?.

Today, the Department of Justice issued a press release describing the sentencing of a woman who had prepared more than 900 false tax returns. According to the press release, these fraudulent returns were prepared from at least January 2017 through June 2023. By claiming unjustified deductions, the preparer obtained for her clients larger refunds than they otherwise would have received. The IRS paid roughly $1.3 million in these fraudulent refunds.

The preparer charged at least $300 for each return that was prepared. That means that over seven tax preparation seasons the preparer collected at least $270,000. That’s only $38,571 annually. It is unclear if this was the total income collected by the preparer over those years from preparing returns, or if other returns also were prepared for which the preparer charged but did not subject to false deductions and credits. It also is unclear if the preparer had other income. I mention this because trying to live on $38,000 annually is difficult.

The preparer was sentence to one year and one day in prison, and to serve one year of supervised release. The preparer also was ordered to pay $1,349,314 in restitution to the IRS. The sentence leaves me with two questions.

First, was the preparer prohibited from resuming the tax return preparation business when released from prison? If not, why not?

Second, did the IRS recover from the preparer’s clients the $1.3 million in fraudulent refunds, and if so, then will the Treasury receive those amounts along with the restitution that the preparer has been ordered to pay? If so, does this constitute a sort of “double dipping” that ought not be permitted? Or should the $1.3 million that the preparer has been ordered to repay as restitution be more properly characterized as a fine or penalty, which would remove the specter of “double dipping” from the situation?

Other questions are not prompted by the sentence. Would the preparer have charged less than $300 for a return if the return did not include false deductions? Did the clients know about the false deductions? If the answers to those questions are “no,” then why not simply prepare false-free returns? I ask, because being required to pay more than $1.3 million and to sit in prison for a year is quite the price to pay in order to collect $270,000 in income, especially if that income could have been collected by preparing false-free returns. Something doesn’t add up.

Those who read MauledAgain are familiar with my opposition to public funding of, and tax breaks for, businesses owned by multimillionaires and billionaires, as explained in previous commentaries, including Tax Revenues and D.C. Baseball, four years ago in Putting Tax Money Where the Tax Mouth Is, Taking Tax Money Without Giving Back: Another Reality, and Public Financing of Private Sports Enterprises: Good for the Private, Bad for the Public, Taking and Giving Back, If You Want a Professional Sports Team, Pay For It Yourselves; Don’t Grab Tax Dollars, Is Tax and Spend Acceptable When It’s “Tax the Poor and Spend on the Wealthy”?, Tax Breaks for Broken Promises: Not A Good Exchange, Tax Breaks for Wealthy People Who Pretend to Be Poor, When One Tax Break Giveaway Isn’t Enough, It’s Not Just Sports Franchise Owners Grasping at Tax Breaks, Grabbing Tax Breaks, Sports Franchises, Casinos, and Now, a Water Park, and Tax Breaks For Starving Team Owners.

Almost all of the time, until recently, owners of professional sports teams have succeeded in obtaining the public funding and tax breaks that they seek. It’s not as though they cannot make their enterprises profitable without public funding and tax breaks. It’s that they can make their enterprises even more profitable by increasing revenue through public funding and decreasing expenses through tax breaks. They often use the threat of moving to another location in an attempt to persuade public officials and, when the question is put to a referendum, voters. That works because there are locations eager to have a professional sports team even though many of those locations lack a population sufficient to support a professional team.

Now comes what might be good news, though in a complicated situation it may turn out to be short-term rather than long-term. According to this report, voters in Jackson County, Missouri, voted by a margin of 58 percent to 42 percent to reject a proposal to extend a sales tax to benefit the Kansas City Chiefs and the Kansas City Royals. What makes the situation complicated? The proposal was a combination of renovations to the Chiefs’ stadium and construction of a brand new stadium for the Royals. The former is much less expensive than the latter. Some predict that the Chiefs will now move forward by supporting a new proposal focused solely on renovations and thus requiring less public financing than demanded by the defeated proposal, freeing their issue from the more confusing situation enveloping the ever-shifting plans advanced by the Royals. If the separate sought the same amount as the Chiefs sought in the defeated proposal, it would seek $400 million from the taxpayers. Others suggest that if the Chiefs don’t get the requested $400 million, they should or could move across the border to Kansas City, Kansas and seek public financing and tax breaks from that state’s taxpayers though surely in amounts far exceeding $400 million.

Rodney Fort, professor emeritus of sport management at the University of Michigan, notes that owners of professional sports teams are increasingly failing to obtain the public financing and tax breaks that they have been seeking. He cites “the principle of taxpayers supporting venues where billionaire owners rake in profits seemingly one of the damning blows.” That characterization of the issue is in tune with what I have been writing for years.

David Carter, a sports consultant and business professor at the University of Southern California, asks, “Why not go after public subsidies?” He answers his own question: “Teams in (smaller markets) like the Chiefs, they’re delivering huge value for the residents in the community at large…You can argue that the taxpayers should pay for the benefit in their own backyard. That brand is so big and so important that there is some public value. And the owners try to gain that value through tax measures.” That answer resembles the defense offered by the governor of New York after agreeing to funnel $850 million of public money into the coffers of the Buffalo Bills, a few days before proposing a state budget that cut $800 million from the funding of the Office of Children and Family Services, as I explained in Tax Breaks For Starving Team Owners. New York’s governor praised and justified what was done with what I called “the typical ’doing good for the public’ and ‘creating lots of jobs’ claims. I reply to Carter the way I reacted to the governor of New York: “As I explained in Grabbing Tax Breaks, Sports Franchises, Casinos, and Now, a Water Park. ‘but this reasoning would support tax breaks for almost everyone, thus destroying government and civilization.’”

In an era when so many people vote against their own interests, it is refreshing to learn that some voters understood that billionaires don’t need tax breaks and public funding. It seems likely that the voters in Jackson County, Missouri, will have another opportunity to think critically about the impact of diverting taxpayer dollars to oligarchs who can survive, and do quite well, without those dollars. Time will tell.

The concept of a mileage-based road fee continues to get my support and continues to be attacked by people who, in my opinion, either do not understand how it works or who haven’t bothered to dig into the details rather than offering coined phrases invented by the anti-tax lobbyists. I have been following and commenting on this issue for many years in posts such as Tax Meets Technology on the Road, Mileage-Based Road Fees, Again, Mileage-Based Road Fees, Yet Again, Change, Tax, Mileage-Based Road Fees, and Secrecy, Pennsylvania State Gasoline Tax Increase: The Last Hurrah?, Making Progress with Mileage-Based Road Fees, Mileage-Based Road Fees Gain More Traction, Looking More Closely at Mileage-Based Road Fees, The Mileage-Based Road Fee Lives On, Is the Mileage-Based Road Fee So Terrible?, Defending the Mileage-Based Road Fee, Liquid Fuels Tax Increases on the Table, Searching For What Already Has Been Found, Tax Style, Highways Are Not Free, Mileage-Based Road Fees: Privatization and Privacy, Is the Mileage-Based Road Fee a Threat to Privacy?, So Who Should Pay for Roads?, Between Theory and Reality is the (Tax) Test, Mileage-Based Road Fee Inching Ahead, Rebutting Arguments Against Mileage-Based Road Fees, On the Mileage-Based Road Fee Highway: Young at (Tax) Heart?, To Test The Mileage-Based Road Fee, There Needs to Be a Test, What Sort of Tax or Fee Will Hawaii Use to Fix Its Highways?, And Now It’s California Facing the Road Funding Tax Issues, If Users Don’t Pay, Who Should?, Taking Responsibility for Funding Highways, Should Tax Increases Reflect Populist Sentiment?, When It Comes to the Mileage-Based Road Fee, Try It, You’ll Like It, Mileage-Based Road Fees: A Positive Trend?, Understanding the Mileage-Based Road Fee, Tax Opposition: A Costly Road to Follow, Progress on the Mileage-Based Road Fee Front?, Mileage-Based Road Fee Enters Illinois Gubernatorial Campaign, Is a User-Fee-Based System Incompatible With Progressive Income Taxation?. Will Private Ownership of Public Necessities Work?, Revenue Problems With A User Fee Solution Crying for Attention, Plans for Mileage-Based Road Fees Continue to Grow, Getting Technical With the Mileage-Based Road Fee, Once Again, Rebutting Arguments Against Mileage-Based Road Fees, Getting to the Mileage-Based Road Fee in Tiny Steps, Proposal for a Tyre Tax to Replace Fuel Taxes Needs to be Deflated, A Much Bigger Forward-Moving Step for the Mileage-Based Road Fee, Another Example of a Problem That the Mileage-Based Road Fee Can Solve, Some Observations on Recent Articles Addressing the Mileage-Based Road Fee, Mileage-Based Road Fee Meets Interstate Travel, If Not a Gasoline Tax, and Not a Mileage-Based Road Fee, Then What?>, Try It, You Might Like It (The Mileage-Based Road Fee, That Is) , The Mileage-Based Road Fee Is Superior to This Proposed “Commercial Activity Surcharge”, The Mileage-Based Road Fee Is Also Superior to This Proposed “Package Tax” or “Package Fee”, Why Delay A Mileage-Based Road Fee Until Existing Fuel Tax Amounts Are Posted at Fuel Pumps?, Using General Funds to Finance Transportation Infrastructure Not a Viable Solution, In Praise of the Mileage-Base Road Fee, What Appears to Be Criticism of the Mileage-Based Road Fee Isn’t, Though It Is a Criticism of How Congress Functions, Ignorance and Propaganda, A New Twist to the Mileage-Based Road Fee, The Mileage-Based Road Fee: Simpler, Fairer, and More Efficient Than the Alternatives, Some Updates on the Mileage-Based Road Fee, How to Pay for Street Reconstruction, Stop the "Stop EV Freeloading Act" Because The Mileage-Based Road Fee Is a Much Better Way to Go, Why Is Road Repair and Maintenance Funding So Difficult for Public Officials to Figure Out?, and Should (Will) Implementing the Mileage-Based Road Fee Cause Privatization of Highway Infrastructure?

Thanks to Reader Morris, I have now learned that Freedom Caucus members in Arizona are trying to prohibit mileage-based road fees. For the moment, the good news is that their efforts have been, at least temporarily, blocked. The bad news is that they intend to reintroduce the bill, and I suspect they will continue pounding this agenda item until the populace acquires sufficient understand of mileage-based road fees and makes it clear that the prohibition attempt is pointless.

Interestingly, it was a Republican whose opposition to the Freedom Caucus effort that caused the legislation containing the prohibition to stall. The Republican who refused to go along with the Freedom Caucus proposition explained that he tried to get the text of the legislation changed to preclude what he saw as “multiple unintended consequences,” but was “met with flat-out refusal.” That’s no surprise, is it?

The proposed legislation “would ban government entities from tracking vehicle miles traveled by its citizens, bar taxes based on miles traveled and would stop government bodies from attempting to limit vehicle miles traveled in any way.” Supporters “described the freedom to travel by motor vehicle as fundamentally American.” One Republican explained, “Getting behind the driving wheels of our cars and driving without the burden of calculating a mile cost truly feels like freedom, because it is freedom,” and that there is a “looming threat to limit how much people drive.”

What these Freedom Caucus zealots fail to understand are the facts underlying the need for mileage-based road fees and how those fees fit into existing conditions. Arizona drivers already pay for the miles they travel, through an 18-cent-per-gallon fuel tax, which is, in effect, a tax on miles driven though it varies from driver to driver based on the fuel efficiency of the vehicle. Opponents of the mileage-based road fee don’t understand this, mostly because they are peppered with misinformation. Arizona, like other states and the federal government, faces decreased collections from fuel taxes because of fuel efficiency gains and increasing numbers of electric vehicles on the roads. The mileage-based road fee rebalances the burden of paying for necessary highway, bridge, and tunnel maintenance and repairs.

The Freedom Caucus either ignores or is unaware of Arizona Administrative Code section 18-2-1011, which provides

Ariz. Admin. Code § 18-2-1011
A. The Department shall provide a vehicle inspected at a state station with a uniquely numbered vehicle inspection report of a design approved by the Director that contains, at a minimum, the following information, as applicable to the tests required for the vehicle under R18-2-1006:
            * * * * *             7. Odometer reading ;

Though I don’t know if every state has this requirement, I do know that Pennsylvania has the same requirement. So much for boo-hooing about the state knowing how many miles a vehicle has been driven. It is also important to note that the mileage-based road fee, like the state vehicle inspection requirement, reflects how many miles a vehicle is driven and not how many miles any specific driver has driven, a distinction that seems to have eluded the thinking process of the Freedom Caucus.

When I hear these claims about “freedom” being tossed about whenever any proposal that is designed for the betterment of society and the people generally is put forth, I cannot help but think of what many parents hear from their adolescent children, what most middle and high school teachers hear from their students, and what police, prosecutors, and judges hear from law-breakers: “It’s a free country, I can do what I want,” “You are taking away my freedom,” and similar exaggerated uses of the word “freedom” and the concept it represents. To see this same abuse of the word and concept by people entrusted with doing what is best for society is beyond disappointing.

Nothing in the mileage-based road fee imposes a limit on how many miles a vehicle can be driven. Nothing in the mileage-based road fee imposes a limit on how many miles a person can drive in a year. The mileage-based road fee is not, as one of the supporters of prohibiting the fees claims, “anti-freedom.” If anything, it is “pro freedom,” because by rebalancing the burdens of paying for highway, bridge, and tunnel maintenance and repairs, it ensures that drivers will be free to travel without the fear of tire blowouts, broken suspensions, interrupted trips, injuries, and deaths that would become even more common in the absence of appropriate progression into the twenty-first century.

It indeed is worrisome that misinformation has infected society. Worse, the ability to critically analyze information is headed into extinction. A recent example is the claim that because corporations are closing stores the economy is in shambles.

Let’s first look at retail store closings. Why do stores close? They close for a variety of reasons.

One significant cause is the transfer of shopping from retail store browsing and purchasing to online browsing and purchasing. That doesn’t mean the economy is slowing down or speeding up. It simply means that the marketplace has been moving. As older generations accustomed to in-person shopping depart this life and younger generations who are growing up in an online world turn to online shopping, the trend will continue.

Another significant cause is relocation of retail outlets. When people move from one area to another, retailers will follow. For example, when I saw a commentary claiming that Outback’s decision to close stores was due to “Bidenomics,” I did what too many people don’t do. Perhaps it is curiosity, but perhaps it also involves verification preferences. According to a spokesperson for Outback, as reported in this this report, while Outback is closing 41 stores it is opening 40 to 45 replacements. The spokesperson explained, “a variety of factors resulted in the decision, including sales and traffic-trade areas, which means how close customers live to a business location and how far they might travel to patronize it.” Similar closings and new openings also are happening with other retailers. Those who try to score debate points by taking information out of context or omitting all of the facts are, unfortunately, adept at swaying the opinions of those who don’t make any effort to thing through the information being highlighted.

Another cause, perhaps not as significant, is the closing of a store so that it can be renovated or upgraded to keep pace with societal expectation and demands in the in-person shopping environment. When the renovation is a gut-and-rebuild event, the closing appears to be permanent because of the length of time the project requires. I’ve yet to see a meme claiming that the opening or re-opening of a store is a manifestation of a healthy economy. It’s so much easier to criticize than to praise.

Another cause is the cyclical nature of certain sectors of the economy. For decades restaurants have closed and new ones have opened. Why? Sometimes the restaurant is dependent on a particular ownership. But often, people simply get bored or dissatisfied and, as is the case with fashion, music, art, and other cultural manifestations, eagerly turn to whatever is or appears to be new. That pattern doesn’t mean the economy is good, bad, or indifferent.

Another cause, the significance of which is debatable, is the closing of stores because of shoplifting and crime. Yes, this is happening, but only in certain places and not as a widespread national economic collapse. Is this a problem? Yes, of course. Can it be fixed? Yes. Are those responsible for curtailing shoplifting and crime doing their job? No. Is it their fault? In some instances, yes, but in many instances, they have been handcuffed by a variety of well-intended theoretical but pragmatically unworkable attempts to deal with crime in ways that don’t work.

Let’s put aside the “sky is falling” panic fueled by misinformation and incomplete or out-of-context reports and look at the economy. Is the economy a mess? That question masks two questions, namely, how is the economy now, and how is it expected to be in the future. Much like the same two questions concerning a person’s health, the first question can be answered by looking at existing conditions, whereas the second question involves the dangerous exercise of predicting the future and generates answers that are clouded by risks, probabilities, and generalities. I’m not about to join the seers and prophets who think they know what the economy will do, for the simple reason that I don’t know what the economy will do and have no desire to pile onto the growing mass of hedged and conditional forecasts.

What is the current state of the economy? What measure should be used? One can look at gross domestic product, employment, inflation, and consumer confidence, to mention four that get a lot of attention.

Fourth quarter 2023 GDP, the latest for which there is data, increased at an annual rate of 3.3 percent. The forecasts had been for a lower increase. By this measure, the economy is doing well.

When it comes to employment, again the economy performed better than what was predicted. In January, more than 350,000 jobs were added. During 2023, about three million jobs were created. The unemployment rate was 3.7 percent, below 4 percent for 25 months in a row. When was the last time that happened? In the 1960s. An unemployment rate between 3 and 5 percent indicates that the economy is at or near capacity. In other words, it is doing very well. Another employment measure is wages. Average hourly earnings increased from December to January, and increased 4.5 percent over the past year.

Inflation, which was terrible a few years ago, has cooled to 3.4 percent for 2023. It increased 0.3 percent in January, equivalent to an annual rate a bit higher than the 2023 rate, but still within the range of what is acceptable for a strong economy.

Consumer confidence for 2023, as measured by retail sales, increased by almost 5 percent. Disposable income increased more than 4 percent. Those are not signs of a sick economy.

So why do so many people think that the economy is a mess? In a few instances it’s a person’s reaction to their own experience, though too often a person’s economic situation isn’t entirely the fault of everyone but the person, and the person’s own choices surely affect their economic experience. The primary reason so many people are perceiving the economy as in a condition inconsistent with reality is the effectiveness of propaganda. Propaganda works best when it isn’t analyzed and challenged. It works best when it is gobbled up because it resonates with emotional predisposition, thus bypassing the prefrontal cortex. Add to this the woeful state of education in this country and a large segment of the population is a ready market for those who want to hide reality and create an environment of falsity. Where is this propaganda sourced? Much of it arrives from overseas, from countries that include admitted enemies and some countries that pretend to be friendly, because it benefits these nations if the United States is fragmented by creating a population segment that believes in the falsity. There also is a domestic source that puts political gain above national economic health, some of whom are fearful of the nation learning that supply-side, trickle-down economic nonsense shows its falsity when compared to a more sensible management of the economy.

Resisting the siren call of propaganda, misinformation, and misrepresentation is difficult. If it doesn’t happen, the false reality will become true, and the unpleasantness of that sort of environment will generate an understanding that comes too late to do anything about it.

Readers of MauledAgain know that one of my “hobbies,” surely overshadowing all the others, is genealogy. Specifically, genealogy of people and their families. There also are house and property genealogies. Though I’ve known about them, I have never tried to research the genealogy of a house.

Until now.

On Friday, the weekly Delaware County (Pennsylvania) Council Public Relations newsletter arrived with an item explaining that it had upgraded its online property records search engine. The website permits a person to deeds, mortgages, and other documents online rather than making a trip to the courthouse in Media.

I knew I purchased my house from John and Elise Tucci. John was a Villanova Law student a year or two ahead of me. He also was a graduate of the University of Pennsylvania.

I knew the Tuccis bought the house from Ronald E and Iris D Frank, because shortly after moving in a postcard arrived from Japan from a young woman seeking to reconnect with a childhood pen pal who was one of the Franks’ daughters. Ron Frank was on the faculty at the University of Pennsylvania Wharton School when I was a student there, and by the time I spoke with him about the postcard he had taken a faculty position at Emory University.

Until Friday I had not tried to identify the person or persons who sold the house to the Franks? Once I accessed the deed that conveyed the property to them, I learned that the house was sold to them in 1965 by William Laurens Van Alen III and his wife Sydney Purviance Van Alen. So much for the realtor websites that state that the house was built in 1968.

Of course, I was curious about the Van Alens, so I did a bit of research. I discovered that William Laurens Van Alen III also was a Villanova Law graduate, in the class of 1962. In the yearbook (also online) his address was the same as mine now is: 219 Comrie Drive. I learned that like me, John Tucci, and others, he attended the University of Pennsylvania before entering Villanova Law. He then clerked for Chief Justice Bell of the Pennsylvania Supreme Court, practice law, and was a sportsman with championships in lawn tennis, court tennis, and golf. I became curious, sidetracked myself into exploring the Van Alen family, and learned he died in 2010 at his residence in Newtown Square, the nearby town where I grew up. His mother was the daughter of Atwater Kent, pioneer radio manufacturer, and a descendant of the Brinton family of Chester County, some members of which married into the Maule family (or is it the other way around?). His father was a well-known Philadelphia architect, attended the University of Pennsylvania, served on the boards of many Philadelphia institutions, and was appointed to the National Council of the Arts.

One last point before getting back to the house. William Laurens Van Alen III, who sold the house to the Franks, married twice. His second wife’s family name is the same as the family name of the husband of one of my nieces. So there’s another side track to explore.

So who sold the house to the Van Alens? They purchased it from the builder, Villanova Construction Company, owned at the time of the deed by William McCue, the surviving owner of the company. The house was built after the subdivision of a larger parcel of land purchased by the Villanova Construction Company from Howard F. and Charlotte Comrie.

And that answered a question that had been batted around for many years. Why Comrie Drive? I knew there was a town in Scotland with the name Comrie. What was the connection? There was the answer. It was named after Howard and Charlotte. Did they require that as a condition of the sale? I don’t know. So, off I went to see if my hunch was correct. It was. Howard Comrie’s great great grandfather was born in Comrie, Perthshire, Scotland and carried the surname Comrie. No, I didn’t try to trace back his ancestry to see if it connected with the Maule family of Panmure, Scotland.

How did Howard and Charlotte Comrie acquire the larger parcel of property? They purchased it from a trust company who held the property on behalf of Alice Rawle Geyerlin, who, if I am properly reading the deed handwriting acquired part of it from Cornelia L. Ewing and part from Charles Quigley.

Then I encountered a problem. The deed books changed from numbers to a combination of letters and numbers. But the website refused to accept letters as part of the book number. There is another path I can follow when I get the time. In her wonderful book, “Radnor: A Rare and Pleasing Thing,” the late Katharine Hewitt Cummin, a member of the Radnor Historical Society, traced the property history of each parcel in the township as defined for purposes of the 1798 federal window tax (that eventually did not get collected). I should be able to trace the property ownership back through the deeds that she researched.

Property genealogies have been done for numerous properties. What interested me was not the fact that the property ownership can be traced, as that is true of all the properties in this part of the country. It’s the connections between the owners of the house and myself. What are the odds that three of the four owners would be Villanova Law graduates? What are the odds that all four would either be graduates of or on the faculty of the University of Pennsylvania? And then there are the court tennis connections but I’ll leave that for another time. And somehow the word tax found its way into this post. Not quite a big surprise.

In a time that history will record as having been flooded with division and divisiveness, it’s nice to find yet another example of connections.