Geithner's Tax Error A Common One, Expert Says

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January 13, 2009 05:13 PM

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News broke late Tuesday afternoon that Treasury Secretary nominee Timothy Geithner had for several years employed a housekeeper without proper immigration papers and, separately, had failed to pay taxes for self-employment.

The story was reminiscent of mini-scandals that had derailed past nominees for cabinet posts. And, as such, they were immediately greeted as truly damaging news to Geithner's prospects for becoming Secretary of the Treasury.

But while the revelations create the type of embarrassing public relations headache that the Obama team disdains -- Geithner, after all, will be involved in tax policy if confirmed -- they represent mistakes that are quite common in nature.

"When one is self-employed you do owe self-employment taxes which are essentially the employee and employer portion of your taxes," said George Yin, a tax professor at the University of Virginia Law School and formerly Chief of Staff of the U.S. Congress's Joint Committee on Taxation. "If that is what they are referring to than yes, there are some people who serve as consultants and don't necessarily understand their obligations to pay self employed taxes. My guess is that it is not an infrequent error."

"The tax issue has apparently been resolved and he has paid any balance that is due," added Yin. "I don't know any of the background to that but I don't know if there is any remaining issue."

Geithner did, in fact, pay the back taxes owed for the work he did abroad for the International Monetary Fund -- amounting to roughly $43,000 over the course of four years. Roughly $25,000 of that was paid after his nomination by Obama to serve as Treasury Secretary. Currently, all of his taxes have been paid in full.

"While I do not know Mr. Geithner well, I do understand honest mistakes," said Senate Majority Leader Harry Reid on Tuesday afternoon. " Since the mistakes in his tax filings came to his attention, Mr. Geithner has paid all taxes due, including all interest. I continue to believe he has the skills the President will need to confront the challenges of our nation's economic crisis and I will support his nomination."

Moreover, the mistake he made is common enough that in February 2007, the IRS offered current and former U.S.-based employees of foreign embassies, missions and other international groups a "one-time settlement initiative" to essentially resolve mistakes like the one Geithner made.

"The President-elect chose Tim Geithner to be his Treasury Secretary because he's the right person to help lead our economic recovery during these challenging times," read a statement from incoming White House press secretary Robert Gibbs. "He's dedicated his career to our country and served with honor, intelligence and distinction. That service should not be tarnished by honest mistakes, which, upon learning of them, he quickly addressed."

In the end, the more incriminating charge against Geithner may be that he employed a housekeeper whose work authorization had expired during her employment. That lapse resonates because of the damage it caused to, among others, Bill Clinton's Attorney General nominee, Zoe Baird, and George W. Bush's first Labor Secretary nominee Linda Chavez. But here too the charges against Geithner appear more loaded than they may ultimately be.

According to Obama transition team talking points on the matter, "the Geithners verified that [the housekeeper] had a current Employee Authorization Document at the time she was hired. Mr. Geithner was unaware that three months before she stopped working for them to have a baby, her authorization expired. Nevertheless, she continued to reside legally in the United States, she was married to a U.S. citizen, and she was granted a green card a few months later."

News broke late Tuesday afternoon that Treasury Secretary nominee Timothy Geithner had for several years employed a housekeeper without proper immigration papers and, separately, had failed to pay tax...
News broke late Tuesday afternoon that Treasury Secretary nominee Timothy Geithner had for several years employed a housekeeper without proper immigration papers and, separately, had failed to pay tax...
 
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- urbangreen I'm a Fan of urbangreen 3 fans permalink

Sorry, that just doesn't wash. This is a very serious issue that concerns the integrity of the person who would be in charge of the nation's money.

He was told by the IMF that he owed these taxes every single year that he worked there -- and he received a special payment each year that was earmarked for this purpose. And after he was caught for the 2 years worth of taxes he certainly knew that he owed these same taxes on the 2 previous years.

This is the kind of Washington arrogance that I voted for Obama to change. No one is above the law and no one is indispensable.

    Favorite    Flag as abusive Posted 12:26 AM on 01/15/2009
- HARVIN I'm a Fan of HARVIN 7 fans permalink

Common if you're not a tax "expert".

    Favorite    Flag as abusive Posted 02:10 PM on 01/14/2009
- Housewife I'm a Fan of Housewife 25 fans permalink

Really? This is what you are all worried about?

    Favorite    Flag as abusive Posted 12:42 PM on 01/14/2009
- MsEngineer I'm a Fan of MsEngineer 3 fans permalink

I work part-time for an accounting firm and the first thing our CPA does is make sure anybody who is self-employed pays their self-employment taxes. It really upsets people because it can be a big chunk of change that nobody wants to pay. He needs a competent CPA.

Also, I am sick and tired of these guys getting caught doing something like this or taking illegal campaign contributions, then they pay it back and apologize to make us think it should all go away. Where I come from it doesn't work that way but I guess in Washington and Wall Street it is okay.

    Favorite    Flag as abusive Posted 12:39 PM on 01/14/2009
- wm1066 I'm a Fan of wm1066 33 fans permalink
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Anybody below a Congressman or Senator would be fried for this, but our elected officials are willing to look the other way. And they don't understand why they are hated and mistrusted, and have a low approval.
He should withdraw for the nomination like Richardson did.

    Favorite    Flag as abusive Posted 12:10 PM on 01/14/2009

From today's NYT:
"However, the I.M.F. does pay its American workers an amount equal to an employer’s half of the payroll taxes, with the expectation that they will use that to pay the I.R.S."

So he didn't realize he was responsible for the tax, but he took the extra 7.8% the IMF gave him to pay the tax?

I'm a life-long Democrat and this really makes me angry.

I guess this site does tend toward the mindlessly partisan position...

    Favorite    Flag as abusive Posted 11:59 AM on 01/14/2009
- sunny555 I'm a Fan of sunny555 12 fans permalink
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Read through the comments, and you will find so many dem posters questioning this guy. It's a refreshing change.

    Favorite    Flag as abusive Posted 12:02 PM on 01/14/2009
- sandyvi I'm a Fan of sandyvi 5 fans permalink

I am a CPA and self-employed. I owe less than $1800.00 for social security/medicare taxes relating to my self-employment income. I receive a letter from the IRS EVERY month to remind me to make a payment - how did he not know? Also, he should fire his accountant who didn't advise him on his tax obligations. What position is he being appointed to?

    Favorite    Flag as abusive Posted 11:52 AM on 01/14/2009
- Plowboy I'm a Fan of Plowboy 25 fans permalink

Maybe this is a common error for rich persons of the right kind, but ther rest of us don't get away with such. First, the amount is more than the income of some. So it is not a penny ante thing.
Second, when it was caught, he didn't corrrect the "error" for other years! Thus, even if it were a mistake and not inntentional cheating, it became intentional. cheating when he didn't complete the job. Third, we need competent honesty in office. We've had a sufficiency of the other kind of office holder. And if you, in spite of the evidence, still persist in blaming an error rather thann a cheating attempt, you haven't shown him at all what we want and need.
He should not be confirmed!!

    Favorite    Flag as abusive Posted 11:47 AM on 01/14/2009
- DomainDiva I'm a Fan of DomainDiva 4 fans permalink

I am SO not buying this. When I was self employed I paid 22% of my profits (miuns traveling expenses) each QUARTER and settled the final amount on April 14th. If he did not pay the self employment tax then perhapss his 1040 may not be in order.

Toss him!!!

    Favorite    Flag as abusive Posted 11:39 AM on 01/14/2009
- vippy I'm a Fan of vippy 65 fans permalink

This is clear that we have two (2) kinds of law, one for the rich and the other for us. I can make
a dollar mistake but that kind of sum, and with the help of a professional, I don't think so, so please
do not sell me for stupid.

    Favorite    Flag as abusive Posted 11:25 AM on 01/14/2009

NPR reported yesterday that the IRS has forgiven him any penalties.

    Favorite    Flag as abusive Posted 01:18 PM on 01/14/2009
- sunny555 I'm a Fan of sunny555 12 fans permalink
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How wonderful for him.

    Favorite    Flag as abusive Posted 01:25 PM on 01/14/2009
- SailFree I'm a Fan of SailFree 29 fans permalink

Yes it is a common error, not paying taxes, but then it usually leads to garnished wages, loss of political appointments, and other penalties.

What is mighty suspicious is that he KNEW he owed the taxes but didn't pay the bulk until he received the appointment!

If he were a Republican, he wouldn't get away with it. But as was said in "Love Story," "Being a Democrat means never having to say you're sorry!"

    Favorite    Flag as abusive Posted 11:24 AM on 01/14/2009
- sunny555 I'm a Fan of sunny555 12 fans permalink
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This should not be made into an issue of which political party he is from. Republicans pull all the same nonsense and sometimes they DO get away with it. Just like the Dems. When it comes to shenanigans, I don't think one party has the edge on the other -- they both are legitimate contenders for this dubious distinction.

    Favorite    Flag as abusive Posted 12:01 PM on 01/14/2009
- EllisWyatt I'm a Fan of EllisWyatt 21 fans permalink
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Look people, it was greed and avarrice that caused this economic collapse. We certainly don't need one of the perpetrators as Treasury Secretary.

    Favorite    Flag as abusive Posted 11:14 AM on 01/14/2009
- EllisWyatt I'm a Fan of EllisWyatt 21 fans permalink
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The amount of income tax evaded is too high for it to be an "innocent" mistake. Can't he afford a competent CPA?

    Favorite    Flag as abusive Posted 11:13 AM on 01/14/2009
- EllisWyatt I'm a Fan of EllisWyatt 21 fans permalink
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This is not an innocent mistake. It is failure to declare income. Didn't the Feds get Al Capone on that?

    Favorite    Flag as abusive Posted 11:11 AM on 01/14/2009
- tbone99 I'm a Fan of tbone99 88 fans permalink

Just because high officials routinely get promoted for behavior other people are fired for doesn't mean its right.

    Favorite    Flag as abusive Posted 11:02 AM on 01/14/2009
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