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Phineas Baxandall

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In the Public Interest: The "Dirty Thirty" Corporations that Spend More on Lobbying than Taxes

Posted: 01/17/12 04:30 PM ET

Taxes and democracy are two oft-maligned activities that Americans dearly depend on. "Indeed it has been said," noted Winston Churchill, "that democracy is the worst form of government except all those other forms that have been tried from time to time." He might just as easily have been talking about the responsibility of paying taxes.

Two years ago the Supreme Court's misguided Citizens United decision struck down long-standing Congressional limits on the political power of large corporations by vastly expanding the legal metaphor that "corporations are people." Now there is fresh evidence that corporate influence over Congress makes it easy for those same corporations to avoid their civic duty of paying taxes.

A new report identifies thirty Fortune 500 corporations that pay less in federal income taxes than they spend on federal lobbying.

You read that right. These companies - dubbed the "Dirty Thirty" - exploited loopholes in the tax code so aggressively that all but one of them enjoyed a negative tax rate over the three year period of the study, while together spending nearly half a billion dollars to lobby Congress on issues including tax policy. Instead of paying for the public structures such as roads, police and education which make their profits possible, they collected $10.6 billion in tax rebates from the federal government. Had these thirty companies paid the statutory 35 percent corporate tax rate, the Treasury would have collected an additional $67.9 billion.

Every dollar in taxes avoided by these Fortune 500 companies is a dollar that must be cut from public programs, added to the national debt, or paid in the form of higher taxes by ordinary taxpayers.

The companies in the Dirty Thirty include household names like General Electric, Verizon, Mattel, Wells Fargo, Dupont and FedEx. There's no avoiding how the story at each of these companies represents a mockery to both our tax system and our democracy.

The tax data in the report comes from companies' own Security and Exchange Commission filings, which also list some of their subsidiaries in offshore tax havens. By focusing their study only on corporations that reported profits across all three years, the authors ensure that the companies cannot credibly claim these findings merely reflect quirky tax timing or deferrals.

Taxation is like a canary in the coal mine for the post-Citizens United era. Tax legislation is particularly vulnerable to the influence of powerful corporations. Most Americans pay little attention to the arcane rules of corporate taxation. Although special tax giveaways have the same bottom-line effect on the budget as direct spending, they are subject to far less democratic oversight. And unlike direct spending proposals, special tax favors are usually not considered against competing spending proposals or with consideration of how other ordinary taxpayers must pick up the tab. Once tax giveaways are on the books, they usually don't need to be reapproved each year the way budget allocations do. Instead they tend to remain on the books indefinitely unless lawmakers can be strongly nudged by public outrage to remove them.

Towards that end, the study, which is produced by the U.S. Public Interest Research Group and Citizens for Tax Justice, recommends a number of immediate reforms to close offshore tax loopholes and limit corporate money in elections. While working toward overturning the Citizens United decision, these are good steps toward taking back our democracy and our tax system.

 

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09:57 AM on 01/19/2012
Reading this piece ought to convince all those whose minds are not hermetically sealed that the political struggle today is that of a heightened conflict between "wealth and commonwealth", between democracy and a poisonous form of capitalism. This essay cries out for the necessity to snap the baneful link between taxation policies, corporate power, and the diversion the nation's resources from critical societal needs. With this article, based upon the U.S. Public Interest ResearchGroup study ("Representation Without Taxation, Fortune 500 Companies that Spend Big on Lobbying and Avoid Taxes") to which he contributed, Phineas Baxandall removes the curtain of political life to disclose the morally repugnant nature of it caused by mosaic of taxation policies and the elite of the nation's corporate order and alarming threat they pose to democracy. This is a brief, but hard-hitting piece that will compel many to examine the original research study. I, for one, will do so and will recommend it to as members of the human species that I can reach."

Long ago we fought a revolution to escape subservience to government. Since then, it seems, we have been trying to escape subservience to private economic power. The theme that too few people have too much power is an old one, but the current situation has given this theme a certain urgency now corporations are persons and money is free speech. Sometimes, one wonders if democracy and capitalism are compatible.

Charles A. Scontras

Cape Elizabeth, Maine
02:23 PM on 01/18/2012
Putting legislation together to undo "citizen's united" should be at the top of every legislator's agenda.
12:34 PM on 01/18/2012
The GOP always talks about how taxes take away from employment. The story goes that companies can use the tax saving to reinvest in their company and grow the company, producing jobs. While it is a nice theory, how does it work in practice? I suggest that corporations, which have as their basic raison d'etre being to maximize shareholder value, don't do this consistently, and probably only do this somewhat. I'd like to know what the total U.S. employment of the Dirty Thirty was in 2008 and in 2011. I suspect the "Job Creators", even though they paid a NEGATIVE $10B, produced NEGATIVE jobs. It should be easy enough to find the data. It should be in their 10K statements.
11:52 AM on 01/18/2012
It is going to be very hard to craft a limitation on people getting together in groups and voicing their opinion so I'm not going to hold my breath on the limited speech issue/ However, a simpler tax code would be a stimulus for the economy and still raise the same revenues for the government. There are 16,000 pages to the tax code...not because they are needed to raise the funds the government needs, but because there are hundreds of credits, deductions, rebates etc. to entice companies and individuals to do something they might not otherwise do...by rewarding them with lower taxes. Think about the mortgage deduction which is highly anti-progressive: 10x more valuable on a $1m house than a $100,000 trailer. Then people are surprised when companies and individuals pay lower taxes....by complying with the tax code. It takes an estimated 6 billion hours for Americans to comply with the current code...time which is essentially wasted. Perhaps it is time for change. Lower tax rates and fewer special deductions would be less corruptible.
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BBackSoon
Hello, I must be going.
11:31 AM on 01/18/2012
There we go, a new regulation. You cannot spend more on Lobbying than you pay in taxes.
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HUFFPOST SUPER USER
Norma Ward
09:13 AM on 01/18/2012
A rather large sampling of U.S.-based corporations shows that highly profitable companies like GE are paying their CEOs far more than they are remitting in Federal corporate taxes as shown here:

http://viableopposition.blogspot.com/2011/09/ceo-excess-how-to-make-more-money-than.html

The compensation packages for many of America's corner office dwellers are bordering on obscene which is leading to a greater division between America's high income earners and the rest of us who break a sweat while doing our jobs.
08:03 AM on 01/18/2012
HuffPo - your link to the report doesn't work. Can we get a list of the Dirty Thirty? Can we get some figures: Lobby expenditures versus tax payments?
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AZreb
equal-opportunity Independent heathen
09:08 AM on 01/18/2012
signed up for the HP report on donors, etc. and was definitley disappointed - just little blurbs and no real info. Wanted lists of the donors, the recipients, the amounts - guess it will be back to the web for pertinent info to see who is getting what and how much and to whom the incumbents and candidates will be beholden.
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02:27 AM on 01/18/2012
Lobbyists provide a very high return on investment (ROI)...

http://www.news.ku.edu/2009/april/9/taxlobbying.shtml
KU News - Tax lobbying provides 22,000 percent return to firms, KU reseachers find

"LAWRENCE — Three professors at the University of Kansas have found that a one-time tax break allowed several multinatio­nal corporatio­ns to receive a 22,000 percent return on lobbying expenditur­es.

The study was conducted by Raquel Meyer Alexander, assistant professor of accounting­; Stephen Mazza, associate dean of the School of Law; and Susan Scholz,associate professor of accounting and Harper Faculty Fellow. Mazza recently presented their findings at the Critical Tax Theory Conference­, sponsored by the Indiana University Maurer School of Law in Bloomingto­n.

A recent law change provided a tax break to the corporatio­ns by lowering their tax rate 85 percent on certain worldwide income. The professors examined the extensive lobbying around the law change and found that for each dollar spent on lobbying, a corporatio­n received $220 in U.S. income tax savings...­"

Blessed are the parents whose child says:

"I want to be a lobbyist when I grow up.
11:57 AM on 01/18/2012
We have more lobbying now than ever, because government is larger and more powerful than ever. Large organizations can afford the lobbying and accounting efforts to avail themselves of the myriad subsides and tax breaks, while smaller organizations pay some of the highest tax rates in the world. Lower rates and far fewer breaks would be fairer....but wouldn't give politicians as much power. So I expect more marginal changes.
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12:50 PM on 01/18/2012
The HCR bill was written by a former Wellpoint VP...

http://fdlaction.firedoglake.com/2010/03/29/baucus-thanks-wellpoint-vp-liz-fowler-for-writing-health-care-bill/
Baucus Thanks Wellpoint VP Liz Fowler for Writing Health Care Bill | FDL Action

"...I wish to single out one person, and that one person is sitting next to me. Her name is Liz Fowler. Liz Fowler is my chief health counsel. Liz Fowler has put my health care team together. Liz Fowler worked for me many years ago, left for the private sector, and then came back when she realized she could be there at the creation of health care reform because she wanted that to be, in a certain sense, her profession lifetime goal. She put together the White Paper last November–2008–the 87-page document which became the basis, the foundation, the blueprint from which almost all health care measures in all bills on both sides of the aisle came. She is an amazing person. She is a lawyer; she is a Ph.D. She is just so decent. She is always smiling, she is always working, always available to help any Senator, any staff. I thank Liz from the bottom of my heart. In many ways, she typifies, she represents all of the people who have worked so hard to make this bill such a great accomplishment..."
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mrclark
I search for the America I believed in as a boy.
09:42 PM on 01/17/2012
They are basically buying our government. "Citizen's United" made corporations more powerful than people in our political process. The ruling disenfranchised every average American in our country, and is in my opinion against our Constitution. We as a people need to question a branch of government which rules that special interests are more important than are the people of a country.