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Aaron Greenspan

Aaron Greenspan

Posted: February 19, 2010 04:35 AM

On Stack and the IRS

What's Your Reaction:

I do not own or have access to a plane, but I know what it's like to be frustrated with the tax system in this country.

As a business owner who has had one too many bad experiences with CPAs, I know a bit about taxes. Like most businesses, I withhold three kinds of federal payroll taxes from employee pay: federal income tax, which is calculated according to a formula that changes annually or sometimes more frequently on a sporadic basis; Social Security, at 6.2% of gross pay up to certain limits that usually change annually; and Medicare, at 1.45% of gross pay up to certain different limits that usually change annually. I pay the taxes on one calendar using the on-line Electronic Federal Tax Payment System (EFTPS), and file a paper IRS Form 941 on another. (It's actually cheaper and faster to file on paper.) I withhold four kinds of California state payroll taxes, two of which are due monthly for both payment and filing, and two of which are due quarterly for payment and filing. I can pay these taxes on-line, but I can only change the bank account from which I pay them by fax. I report new hires to the same California agency, the Employment Development Department (EDD), using one on-line form, and new independent contractors using another. The on-line form at one point was only actually on-line during business hours, Monday through Friday, 9:00 A.M. - 5:00 P.M. because at 5:00 P.M., someone in an office somewhere in California would actually shut off the server, presumably with the lights. (This is still the case with the Delaware Secretary of State's business entity database, though it's on Eastern Time, not Pacific.)

It doesn't end there. Twice a year, I pay the California Board of Equalization (BOE) for sales and use tax using a form that is beyond overly complex, and I pay the California Franchise Tax Board (FTB) Estimated Taxes four times throughout the year at oddly-spaced intervals leading up to Corporate Franchise Tax, which is due in March. Then there's tax due from the Federal Unemployment Tax Act (FUTA), which goes to the IRS annually (or sometimes more often), not to mention my company's yearly income tax return, which also goes to the IRS; the separate Form 4562 outlining the company's depreciable assets; the Schedule K-1 forms for each shareholder, and the not-explicitly-asked-for-but-still-implicitly-required additional schedules.

I haven't gotten to my personal taxes yet.

Taxation in the United States of America is indeed like some sort of cosmic joke. It's not hard to see why a downtrodden entrepreneur might imagine wealthy puppet-masters who pull America's strings laughing at the masses who struggle to fill their minds with the kind of arbitrary and useless (yet crucial and mandatory) knowledge described above. It goes without saying that the proper solution to the crisis of complexity is not violence. But it should also go without saying that we have a serious problem on our hands--not just a crazy person--and the last thing we should do is ignore it because it might be politically incorrect to partially "validate" the actions of a man who lost his mind.

After all, it's not what Andrew Joseph Stack said about the IRS that poses a problem, whatever one might think of his particular case, which indeed seems weak. It is well-documented that like almost all government agencies that are spread thin, with broad mandates and poor oversight, at various points the IRS has committed atrocious abuses of power, directly and negatively affecting American citizens. The Senate Finance Committee held hearings in 1998, just as I was incorporating my business, looking into the ways the agency had failed to serve taxpayers. Former IRS agents testified about the routine practice of punishing taxpayers they didn't like with the explicit consent of agency management. It isn't hard to understand why some taxpayers might be angered by that.

Not much has changed since 1998, sadly. The IRS still takes months or years to notify taxpayers of routine issues IN CONFUSINGLY WORDED NOTICES USING ALL CAPITAL LETTERS AND FREQUENTLY MISSING PRONOUNS, NO LESS, so that by the time you know what's wrong, it's too late. (This was one of Stack's many complaints in his long suicide note.) Electronic payment automation remains a cruel joke. As of yesterday, my company's latest federal tax payment bounced. It was drawn from the wrong bank account. Even though I have a written record of changing my bank account information on April 23, 2008 to the proper account, at the beginning of 2010 the IRS reset my company's EFTPS routing and account number, along with my mailing address, to information that has been outdated for three years. It did so without providing any notice of any kind whatsoever. As a result, the next payment bounced as well--which was destined for the California EDD tax agency. Now it's my job as the business owner to argue with the bank and both agencies about the various fees the company has been and will be assessed. (Sadly, if this happened to my business, it likely happened to thousands of other businesses as well.)

It's not clear whether or not Stack's indignation was proper--only that his actions weren't, and that those actions went far beyond mere impropriety into the realm of the criminally insane. Strangely, if you can get past the horror of it all, they also reveal quite a bit about our priorities as a nation. We spent a decade chasing down terrorists in foreign lands at unbelievable expense in terms of lives and dollars so that we could avoid having to watch planes crash into buildings. So what did it take for it all to happen again? Only the most banal, predictable of complaints: that the government wasn't treating taxpayers fairly.

The truth is, it's not. In that narrow sense, Stack was right. The way to definitively prove his method wrong is to actually do something concrete about it. We should simplify the labyrinth of forms. We should put everything on-line. We should make the agency do the calculations for us if and when it can (as a recent New York Times article by Randall Stross suggested). We should demand accountability and reasonable attempts to empathize with taxpayers. We as voters should tell our government that we want all of these things.

Of course, I'm not naive. The most likely outcome from this whole mess will be further obfuscation and entrenchment, as the IRS hides the addresses of its offices out of fear of further attacks. In that case, they'll be validating their attacker, the citizen overcome by cynicism.

Better solutions are out there. We just need to start asking for them.

Update: I called the IRS today, which referred me to EFTPS because ironically enough, EFTPS is an independent contractor of the IRS that has a monopoly on electronic federal tax payments--meaning that no one at the IRS call centers know very much about them, and even if they do, they don't have access to the relevant information. Leslie, a supervisor at EFTPS, informed me that when a person thinks that they are "editing" (as the web site states) their bank account information with EFTPS, they are in fact "re-enrolling," or actually adding a new bank account. This account information is in turn linked to a PIN, which is why it's necessary to have both a PIN and a password to sign into EFTPS. What makes the EFTPS site different from every other financial site I have ever used is that with EFTPS, your old PINs, even ones that are years old, still work--they just draft money from a different bank account without your consent, and without providing any written record of that account being drafted. No matter which PIN/bank account you sign in with, you still see the same account payment history--which is counter-intuitive to say the least. Also, the mailing and e-mail addresses that appear in your account profile appear to have no relationship whatsoever to the updates you actually enter into the system. Of course, the EFTPS web site does not support any kind of screen or menu that suggests that multiple bank accounts are available to use in the first place, and Leslie confirmed over the phone that there is nothing in writing that actually explains this system. When I asked her to fax me a letter explaining it so that I could show it to the IRS to explain the late payment, she stated that she was unable to generate any kind of document, and that changes could only be made to the system at the request of the IRS. I next called Congresswoman Anna Eshoo's office, whose IRS liason has yet to return my call. And that's why it's easy to become disillusioned with the American tax system.

Aaron Greenspan is President & CEO of Think Computer Corporation and the author of Authoritas: One Student's Harvard Admissions and the Founding of the Facebook Era.

 

Follow Aaron Greenspan on Twitter: www.twitter.com/thinkcomp

 
 
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04:06 PM on 02/23/2010
Don't kill the messager. CONGRESS creates and legislates all Federal tax law but convienently uses IRS as its scapegoat. I was a IRS revenue agent and special agent for over 20 years. Never once did I have anything to do with the creation of any Federal tax law. Most citizens never have any contact with the IRS but still perceive it to be a huge threat based only on hearsay. There are some citizens who push the envelope and as a result become subject to income tax examinations or criminal investigation. They make their own bed but they won't accept responsibility for their own actions (or inaction in the case of people who don't even file tax returns). Many of those who don't want to pay taxes are the first in line for government benefits (i.e. social security, agricultural subsidies). I saw it all the time. Even if there was a flat tax (which I would totally support) there will still be those who won't pay what they owe. Even with a flat tax, the Government would still have to have an enforcement arm, if it wanted to collect all taxes. There is no question there have been abuses by some IRS employees but most of them conduct themselves in a professional and respectful manner. It's such a thankless job and I'm SO GLAD I no longer am employed there. Again, CONGRESS creates and legislates Federal tax law. When you start laying the blame, you need to start there.
06:55 AM on 02/22/2010
Something is definitely deeply wrong with the American society. Why we see the flaws of another country so clearly, but don't see how deeply flawed in our own society is? What is the difference between how the Chinese government treats its people and IRS (US government) treats us? Aren't we being enslaved by the monster system created by the Government? Reading through what is described in this article, a person who is living the "American Dream" is more of a slave than a citizen in any other country. Sad.
10:54 PM on 02/20/2010
U.S. Corporations That Pay No Taxes Still Get Tax Breaks

Sept. 22—Nearly one-third of the nation’s largest and most profitable corporations paid no federal income tax between 2001 and 2003—yet still received billions of dollars in tax rebates, according to a new study.

Corporate Income Taxes in the Bush Years, released Sept. 22 by Citizens for Tax Justice (CTJ) and the Institute on Taxation and Economic Policy, finds 82 of 275 companies CTJ examined enjoyed at least one year in 2001–2003 in which they paid no federal income taxes yet received billions of dollars in outright tax rebates. In 2003 alone, 46 of the companies paid no federal income taxes and in some cases, received tax rebates.

The companies, all on the Fortune 500 list, were profitable in each of the three years analyzed.
08:29 AM on 02/20/2010
What is a Tax Lien?

The IRS places tax liens on property in order to help secure payment of taxes that are owed. A tax lien is the government's claim to your property. Once a notice of federal tax lien is filed it attaches to just about everything you own, have rights to, or that property has rights to. This means that if you try to sell or make money off of your "property", the IRS has the right to take its cut to cover the amount of taxes owed, plus interest and penalties. A tax lien will remain in effect until the liability for the amount assessed becomes satisfied or becomes unenforceable by reason of lapse of time.
HUFFPOST SUPER USER
CroatianCritter
is keeping people honest
02:36 AM on 02/20/2010
Stack is incorrect on one aspect of his letter but many of his points were quite solid. I don't believe in conspiracy (See Alex Jones). What I believe is that in the American system, wealthy individuals and the corporations that they run are able to influence our opinions based on the money they spend (Much of this inherited wealth is most likely passed down or taken from public coffers). And with money comes propaganda. You can buy influence and start sucking at the public tax trough for that all important government money that will help your corporation stay afloat (See the military-industrial complex). These rich indivdiuals are so good at propaganda that they can get poor and middle class citizens begging for tax cuts that only affect them. This is why libertarians and many founders were afraid of GOVERNMENT RUN public programs. Because inevitably throughout history, the greedy and selfish among us will find a way to game the system for their benefit. The only check on this type of system is an informed, intelligent populace who can fight a government and expose the crimes when they occur (Something we do not have right now). So what do we do next? That is the part that troubles me immensely. Is there anyway to change our system without a bloody revolution?
Linda from Deerfield
Paying attention
07:10 PM on 02/19/2010
I was wondering for a moment there where you were headed, but those are some fine, practical suggestions. The trouble is, that would cost money.
03:59 PM on 02/19/2010
This article performs an important service in pointing out how complex the tax system is for those in small businesses. It is sad but true that the success of many small businesses depends on their ability to navigate the tax code rather than how good they are at their business.
HUFFPOST PUNDIT
lightningbolt
03:09 PM on 02/19/2010
The LAST thing the government will do is fix the tax code. The first thing they'll do is find more civil liberties to take away.
02:33 PM on 02/19/2010
I blame computer programmers. If they hadn't convinced the government they could implement systems that easily and quickly could implement changes so many of the changes wouldn't be so bloody confusing and unnoticed.

IRS changing you account information, can't happen when you are writting and mailing a check.

Changing the witholding amounts. Don't worry senators it's an easy automated change it won't inconvenience business.

COMPUTERS THE ROOT OF ALL TAX Confusion EVIL;). Did writting checks really take more time and cause more heartache. I think not.

The problem with craziness is their are multiple roots of error and they cascade.
02:35 AM on 02/20/2010
Sure, blame the programmers. "A computer lets you make more mistakes faster than any invention in human history-with the possible exceptions of handguns and tequila." People are always to blame, not their tools.
01:59 PM on 02/19/2010
"It's not clear whether or not Stack's indignation was proper--only that his actions weren't, and that those actions went far beyond mere impropriety into the realm of the criminally insane."

TOTALLY disagree. The guy had enough money to afford a freaking plane. He should've paid his freaking taxes in the first place and gotten over it. There's no reason for all the persecution complex even distinct from the actual flipping out into extreme violence. I will grant that our tax system is insanely too complicated, but people in this country expect a lot in services yet spend WAY too much time and effort in trying to dodge taxes. Life is short, that energy should be redirected more productively.
11:43 PM on 02/20/2010
I agree.
02:27 AM on 02/24/2010
Seriously. Normal people just shell out the money and deal with it Plus, it didn't sound like he was being overtaxed, but that his CPA screwed up, and didn't report some income.

The real paradox is that this guy was raking in dough from defense (war technology) work. All that money come straight from the IRS's tax collectors!

This is like those people on welfare, who bitch that there's not enough welfare, that the staff are slow, and that, overall, life just isn't easy enough on welfare.

Because Joe Stack was a defense subcontractor sucking at the government tit, probably billing more than $100 an hour.
01:51 PM on 02/19/2010
Large bureaucracies tend to become living entities with their own biological existence - feeding, excreting, reproducing and defending its interests and perceived territories. You see examples of this in the FDA, cancer research industry (and AMA other med related entities), various large religions/churches, large universities, the military, political parties and of course the IRS. Like most biological systems if their growth is not curtailed by exterior factors - lack of food, hostile environments and or predation they will grow to a point where their own mass becomes a threat to their own existence and then they crash. Such a crash has begun in our government.

Our government has many alternatives to the current bloated, illogical, inefficient and extremely costly IRS that would accomplish a larger and more efficient revenue stream that would allow the gov. in general to fulfill its Constitutional mandates - to manage the public resources and serve the people. A Federal sales/use tax would accomplish this fairly and simply, but there are far too many cells of the tax monster (CPA's, lawyers, other tax related parasitic businesses and gov. agencies) to ever allow this to happen. I fear that without self-initiated reformation of the US tax system and a reformation of the Federal gov. in general that has openly dismissed the countries Constitution and no longer serves or represents the people, this attack is and other similar previous ones are just the beginning.
HUFFPOST SUPER USER
Kye154
01:30 PM on 02/19/2010
Everything of what you say is correct. Tax codes in this country are not fair by any stretch of the imagination. And, if you ever have been audited and see how coercive, abusive, and ruthless the IRS is, you will understand why so many people hate the IRS, and why the IRS inspires people to act the way they do. It is an act of terrorism by the IRS on US taxpayers, and obviously why Joe Stack became frustrated and sought revenge. If the IRS were to be that way towards the special interests (ie., the elitests, big corporates, and banks who pay virtually no taxes), then perhaps it would be easier to accept what the IRS does. But, because of all the corporate loopholes and taxbreaks afforded to the special interests, the IRS rarely pursues them, instead preying upon individual Americans and small business owners, because those sort of people are easier, and can't afford to fight the IRS. State governments are equally guilty, as they double tax you on the same source of income or property too, usually based on the percentage of federal income tax you pay. We really need a massive overhaul of our tax codes to make them fair and equitable. Even China has fairer tax laws than we do. It is a flat 10% income tax on all sources, corporates and people alike. The average American pays 33% of their wages in taxes, and that doesn't include any other sales or property taxes.
02:23 PM on 02/19/2010
I have a friend whose husband committed suicide over the IRS abusive practices. He first tried to work with them but as he was trying to work with him his debt was growing from ungodly interest and penalties they audited him because his ex wife claimed their kids even though he had custody He moved and never got the letter from them stating they believed he owed them. The straw that broke the camels back was first they withdrew his entire checking account then got a 75% garnishment of his paycheck. The IRS is worse than dealing with mafia loan sharks I don't agree with Mr Stack's method but most Americans do not know how bad things can get when the IRS comes after you.
The take homes cars wipeout bank accounts You can't fight them in court unless you pay first The IRS has more power than the FBI
Citizen54
Conservatism is a con job!
11:39 PM on 02/19/2010
They also take a few years to get around to informing you that you owe them money... while all that time, penalties -- which are huge -- keep adding up.
01:15 PM on 02/19/2010
Flat tax.........or consumption tax.

But theres no opportunity for gaming the system this way. So won't happen.
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01:31 PM on 02/19/2010
There is a type of flat tax that was expanded upon by the Reagan Administration. And that Administration did not do so for your benefit.

After Reagan came into office, the Social Security taxes were increased dramatically and then his Administration borrowed heavily from the Social Security trust fund with no intention of ever paying it back.

The Social Security tax is the ideal flat-tax for the super-rich, the Republicans, and for those who want to follow them without thinking about what they are doing.

The Social Security tax was and is the ideal flat-tax for them. It only applies to employees, employers, and the self-employed. Even then, this flat tax is capped so that those who make above a certain dollar amount do not pay the Social Security flat tax on amounts in excess of that.

It does not apply to those who make their money by wheeling and dealing with stock the stock market. Banksters, unless they make some amount of wages in this country, don't have to pay it.

So you want a flat tax?

We have one. This is the way that they game the system with even that concept.
03:29 AM on 02/24/2010
Most of the "gaming" that goes on involves fake "expenses" or artificial losses. You can do that with a flat tax, just as you would with a progressive tax.

A consumption tax is just a sales tax. That gets underreported all the time. A lot of small businesses hid their sales by doing everything in cash.
12:21 PM on 02/19/2010
Everything in the article may be true, but it's completely beside the point.

The root cause of the complicated tax code is the practice of selling the tax code to special interests in return for campaign contributions. Take the section of the tax code Stack specifically cited in his suicide note:

(d) EXCEPTION. - This section shall not apply in the case of an individual who pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work.

Basically, this tax code amendment singles out a type of contract employee for special treatment. Stack says it was sought by Arthur Anderson (of Enron fame). Of course the question is what public interest is served by this tax code change?

Really, none. This is just an example of our elected representatives selling favors to special interests at the expense of, in this case, programmers and similarly skilled contract workers. Put enough of these in the code and you have the nightmare the blog author describes.

It's time to stop engineering around the edges of this problem and call for public financing of federal elections once and for all.
11:15 AM on 02/19/2010
So Andrew Hill1, nicely written (although I don't agree with) article until you got to the "white, 'Christian' faith and Texas address" comment and I'm not white or Christian. First you don't even know if he's Christian. Now, I know you’re trying to make a broader point about comparing him to other terrorist but you lose the argument when you pull a stunt like that.

Secondly, if you (and I do mean you) can't tell the difference between someone who is not from the U.S., who has declared war on our country and way of life, would die for a belief that if he did so a multitude of virgins awaits and Mr. Stack with his beef against a branch of our government then you need to reassess. Really, you can't tell the difference?

And yes, there is always a difference with intent. A surgeon with a knife is quite different than a mugger with a knife, don't you think, or do you equate them the same because they both have knives?
jhNY
Mercy.
12:38 PM on 02/19/2010
One guy blows himself and others up because he's mad as hell at the US governemnt and another guy blows himself and others up because he's mad as hell at the US government. OF COURSE I can tell the difference--- there ain't any.
01:36 PM on 02/19/2010
There "ain't" any. Are you really from NY? I forgot to mention that the REAL terrorist are a formed and recognized group of individuals that plan and coordinate attacks that sometimes take years (like 911 and as it may turn out "underwear bomber").

I'm not really expecting anyone from this blog to tell the difference but shinning light on the idiocy for all to see.

You guys (er., and gals) need to take a course on comparison analysis. Most reasonable analysis is done fully and detailed and not to the end result like you're comparing. Uh, they both hate the gov't so they killed. What in the world. Back to the surgeon and mugger with knife analogy. They both cut so arrest them both. Maybe I need to be more simplistic with my analogy.

As to Mr. Greenspan's article, wow, that is some serious documentation and documentation gathering to be a small business owner. I'm sort of glad I've been sheltered working for "big corp" all these years. Mr. Greenspan, may your tax burden be lessened sir.