Democrats Ask Republicans to Blow Off Grover Norquist

Top Republican lawmakers have said that increasing revenues was the one approach off the table when it comes to deficit reduction. But Rep. Jan Schakowsky (D-Ill.) and 108 other House Democrats, in a letter dated Monday, said that position jeopardized the chances for a bipartisan agreement.

“Revenues must be a component of addressing our deficit and debt problems,” the Democrats wrote to Speaker John Boehner (R-Ohio). “Solving our fiscal problems with spending cuts alone would be devastating to our economy, to the middle class, and to vulnerable populations like seniors and low-income families.” [The Hill]

ATR to Senators: Sign the Close Big Oil Tax Loopholes Act of 2011 at Your Own Peril

Free market Norseman Grover Norquist sent a letter to “Senators” today, urging them to vote against the cleverly titled Close Big Oil Tax Loopholes Act of 2011. And for anyone that has signed the Taxpayer Protection Pledge, let it be known that you’ll be in direct violation of said pledge if you also sign the CBOTLA2011. This means you can expect ATR hellfire – in the form of sternly-worded letters – to rain upon you. If you think they’re bullshiting, just ask Tom Coburn what happens with you mess with the (Viking) horns.

From GN’s latest correspondence:

Voting for the Close Big Oil Tax Loopholes Act of 2011 is a violation of the Taxpayer Protection Pledge. Senate Democrats advocating for this legislation predicate their arguments on three false suppositions:

1. Taxing oil companies will bring down the price of gas
2. Washington needs more money
3. Oil and natural gas producers are the recipients of government subsidies

None of these presumptions are true.

Coinciding with the recent rise in gas prices were Democrat calls to raise taxes on America’s oil and natural gas producers—some of this country’s finest job creators. This line of reasoning is illogical. Raising the cost of producing crude oil will necessarily raise the price of gasoline.

As many Americans now understand, this country doesn’t have a revenue problem, we have a spending problem. Democrats are defaming oil and natural gas companies—with stunts like last week’s Senate Finance hearing—because they see these successful businesses as a way to fund a bloated federal government. President Obama’s Party has demonstrated no interest in seriously reducing spending.

So if you want to be associated with that, Senators (and I suspect The Gipper would be very disappointed), go ahead and sign CBOTLA2011. But you’re on notice.

Senate Energy Tax Hike Vote is a Taxpayer Protection Pledge Violation [ATR]

ATR: SAVEGO Is a No-go

If you’re like us, you’re strangely fascinated by the Americans for Tax Reform and their tax intolerant ways. ATR President Grover Norquist and his band of tax annihilating orcs have battled to get as many signatures on their taxpayer protection pledge as possible and will strike down – often through sternly-worded letter – anyone who dares break that pledge.

Because tax and budgetary policy can be a tricky game, sometimes compromises get floated out there so Democrats and Republicans might find common ground. This common ground typically consists of both sides giving a few things up and agreeing to live with a few things that aren’t ideal.

A recent compromise over the debt-ceiling debate known as SAVEGO was recently passed around some budget wonks and ATR is going on record that any taxpayer protection pledgers best not give it a second look:

ATR is warning that Republicans would be violating their Taxpayer Protection Pledge if they sign on to the deal. SAVEGO as proposed would count tax earmarks as “spending” in the tax code. ATR does not view tax breaks as a type of spending and insists that eliminating them must be accompanied by tax cuts.

SAVEGO would put in place a trigger that, if reached, would cause across-the-board spending cuts or slashing tax breaks.

“Support for a net tax increase trigger is a clear Pledge violation,” ATR Tax Policy Director Ryan Ellis told The Hill Thursday. “A vote for this is a vote for automatic net tax increases.”

“The second clause of the Pledge says that signers will oppose any net reduction or elimination of deductions and credits, unless matched dollar-for-dollar by cutting tax rates. The SAVEGO plan is in direct violation of the Pledge,” he added.

Americans for Tax Reform: SAVEGO violates tax pledge [The Hill]

Did Ernst & Young Convince Republicans to Skip Last Week’s Senate Subcommittee Hearing?

If you followed last week’s “Role of the Accounting Profession in Preventing Another Financial Crisis” hearing before the Senate Banking Subcommittee on Securities, Insurance, and Investment, you may have noticed that “Ernst & Young” was never uttered by anyone on the panel, although Lehman Brothers was mentioned a number of times throughout the hearing. Anton Valukas, the bankruptcy examiner for the Lehman, was there after all and “Ernst & Young” appears in his report probably thousands of times. So why wouldn’t Ernst & Young be mentioned? This is a hearing about the accounting profession preventing, after all and Mr Valukas has stated in his report and elsewhere that “colorable claims” could be filed against E&Y. Stands to reason that perhaps the firm would come up at some point.


Also, if you followed the hearing with us on our live-blog, you definitely heard Francine McKenna and I complaining about the sorry turnout by the members of the subcommittee. The majority of questions coming from the subcommittee chairman, Senator Jack Reed (D-RI), with a few from Senators Kay Hagan (D-NC) and Jeff Merkley (D-OR). The eight GOP members were nowhere to be found. Now maybe accounting isn’t the sexiest of topics but it’s hard to argue that this wasn’t an important hearing where many questions could have been asked of an industry that witnessed excrement coming into contact with an old Century. However, after a tip from a person familiar with situation, we may have an idea why there was such a pathetic turnout:

[T]he auditing firms did not like it they were holding the hearing and E&Y really was complaining to Reed that Valukas had been invited. As a result, the Republicans agreed that none of them would attend the hearing which in fact, none did.

Gotta love spiteful absence! Obviously we had to call around on this one and Ernst & Young spokesman Charlie Perkins declined to comment. As for the Republican members of the subcommittee, we have…well, nothing else to share at this point. But we’re hopeful! It’s entirely possible that all eight GOP members had something better to do than ask questions of industry experts that had a front row seat to the financial crisis, but then again the hearing was pretty early in the morning.

UPDATE: A spokeswoman for Senator Mike Crapo, the ranking member on the subcommittee, informed us that Mr Crapo was sick last Wednesday and canceled all his appointments for that day.

BREAKING: Republicans Don’t Like President Obama’s Tax Proposals

[K]ey Republicans have not responded positively to signals that President Obama will push for some tax increases in his deficit-reduction plan to be laid out this week. David Plouffe, a senior White House adviser, indicated Sunday that the president would reiterate his call to raise taxes on households making $250,000 and above and also signal a desire to look at other provisions in the tax code that wealthier taxpayers use to their advantage. In his fiscal 2012 budget, released in February, the president called for allowing the Bush tax cuts to expire for income above $200,000 for individuals and $250,000 for couples at the end of next year. That statement came roughly two months after a compromise with congressional Republicans had extended current tax rates for the richest taxpayers for two years. [The Hill]

A Government Shutdown Near the End of Tax Season Could Prove to Be Very Inconvenient

Since the IRS made it clear earlier this week that blowing off your 1040 is not an option, you best be on top of this if you want to file pre-April 18th. However, you might run into a wee bit of a problem if you go to the IRS for help.

In all, 92,000 [Treasury] department employees would be furloughed, with IRS staffers working during the height of tax season representing roughly two-thirds of the 35,000 who would still be on the job.

Still, around four out of every five IRS employees would be furloughed. Dan Tangherlini, an assistant Treasury secretary, reiterated in a blog post that taxpayers should file electronically to avoid potential delays in receiving a refund, and laid out other areas where IRS operations would be affected.

Taxpayers with audit appointments should assume their meeting is canceled, Tangherlini wrote, while walk-in IRS assistance centers would be shuttered and customer service phone lines would not be as easy to reach.

Treasury would furlough over 70 percent of employees in shutdown [The Hill]

Eric Cantor Prefers a Friendly Crowd When Speaking About the Mortgage Interest Deduction

Speaking to a crowd of real estate professionals in his hometown, Cantor said the tax would be considered as part of the larger tax reform discussion. But he suggested a change is probably not in the cards. “Honestly, there’s not a lot of support for getting rid of the mortgage deduction on Capitol Hill,” Cantor said to loud applause from the audience. Cantor was speaking to nearly 200 members of the Richmond Association of REALTORs. [The Hill]

Are Audit Committees Really Independent of Management?

A reader – who is a partner at a Big 4 firm – sent this to me awhile ago and I dug it out this week:

Question for you. Why is it OK for audit committee members to be selected and paid by management? Why is it OK that they are paid in the stock of the Companies that they govern? Considering the fact that the SEC has such disdain for the slightest perception of a lack of independence on the part of the auditors that report “directly” to the Audit Committees, it is odd that the governing body can be owners of the company as well. [By the way, let’s be real, management hires the auditors. The audit committees just accept it.]


Time to jump in – These questions feel rhetorical but I’ll take a stab at answering them anyway. If you look at a brief history of audit committees, you’ll see that the idea goes back nearly as far as the Securities and Exchange Acts of ’33 and ’34, first being endorsed by the NYSE in 1939. The SEC first made the recommendation that public companies compose their audit committees of independent directors in 1972. That was followed by the NYSE’s requirement for audit committee members to be independent in 1977. What does all this mean? Basically, it appears that it’s okay that management selects and pays audit committee members because it’s always been done that way. Similarly, it’s okay to pay them in stock because companies have always issued shares to directors, regardless of their respective committees. As far as who “hires” the auditors, our source has a better frame of reference than I but this probably varies from company to company. While many companies have audit committees that have no problem throwing their weight around, there are others whose members probably couldn’t find cash on a balance sheet.

Anyway, our source has some ideas:

If the regulators want to create a TRUE independent structure, why not create an Audit Committee Oversight Board (or the ACOB), and pay these members in shares of a Mutual Fund that’s tied to the overall performance of the stock market? Audit Committee members should be overseen by the SEC – perhaps indirectly by this ACOB. Now – this would empower the Committees, empower the auditors even further, and empower the shareholders of Companies with the knowledge that the Audit Committees were truly independent of management. This would be a stunning show of real governance in corporate America. Wouldn’t this be a true step toward preventing further financial crashes in America? What do you and your readers think?

I like the progressive ideas presented but if there’s one thing I’ve learned from the massive amount of media I’ve consumed in the last 2+ years, it’s this – the ideal regulation and what it politically feasible are often miles apart and in the process of reconciling those differences, the final product is not at all what was intended. The SEC (who hasn’t exactly been on top of their game the last few years) is already fighting for every nickel and no amount of litigation releases will get representatives like Darrell Issa to back down from cutting their budget. Thus, a regulatory agency with shaky credibility has an uphill battle.

So would an Audit Committee Oversight Board, compensation changes and other reforms to the process be a “true step toward preventing further financial crashes”? Maybe. But as long as “fiscal responsibility” continues to be a political talking point, the SEC won’t have the ability to suggest reforms until we have another crisis and chances are, they’ll be the scapegoats…again.

During the 1099 Repeal Debate, a Democrat More or Less Called a Bunch of Republicans Liars, Then Took it Back, and Then May Have Called Them Liars Again

The repeal of the 1099 reporting provision of the healthcare reform bill was finally passed by the House today but not before things got a little awkward when Represenative Earl Blumenauer (D-OR) “said Republican claims that the law is a government takeover of healthcare had been deemed ‘the 2010 political lie of the year.’ “

Now, on its surface, this seems like a little bit of tangential grandstanding by the man-child gentleman from Oregon but his colleague Dan Lungren (R-CA) didn’t appreciate the remark and was not about to let this slide:

Blumenauer seemed to gesture toward Lungren, who had just finished speaking, and said the Republican member called the healthcare law a government takeover.

Lungren did not directly say the law is a government takeover, but did criticize the laws in other ways.

After Blumenauer’s “lie of the year” comment, Lungren quickly interrupted to raise a point of order and ask whether Blumenauer should be allowed to say, or imply, that Lungren is a liar.

Blumenauer – not to be outdone – countered this challenge with one of his own:

Asked if he was demanding Blumenauer’s words be “taken down” — a challenge to their propriety — Lungren said no, but did ask the acting Speaker to warn members about referring to colleagues in this way.

The exchange continued: Blumenauer said he was simply citing a Politifact finding that Republican claims of a government healthcare takeover are the political lie of the year. Lungren then immediately asked that Blumenauer’s words be taken down.

Blumenauer, knowing he was beat, then capitulated (he’s a Democrat, after all), “Several minutes later, Blumenauer asked unanimous consent to strike his words,” and then thought better of it, “[he] repeated the Politifact citation again in his explanatory comments.”

“I’m not calling anybody a liar,” Blumenauer said. “What I intended to say … is that as we have repeated talking points about a government takeover of healthcare, this has been judged by an independent undertaking as the political lie of the year.”

It could probably go either way but someone seems to be getting called a liar in there somewhere.

Lawmakers spar over ‘lie of the year’ in debate over healthcare provision [Floor Action/The Hill]

More Appeasement in Obama’s Proposed Budget

President Obama presented his nearly $4 trillion budget, proposing to cut more than $1 trillion from Federal programs over the next ten years, with $200 billion in cuts to occur over the next two years. Although these cuts may appear, at first glance, significant to the average American, in light of the recently enacted tax cuts of $858 billion over the next two years, that $200 billion of proposed spending cuts leaves $658 billion of thoted for.

In balancing our national budget, Obama and Congress are focusing on the wrong side of the financial equation. The projected deficit in 2011 is $1.65 trillion; however, the whole non-defense discretionary spending budget in 2010 was $477 billion. Even if all non-defense discretionary spending were eliminated, there would still remain a deficit of over $1.1 trillion. The math is clear that Congress cannot eliminate deficit spending by budget cuts. Taxes will need to be raised.


Some of the cuts that President Obama is proposing in his budget include $300 million for community block grants, $2.35 billion for low income home energy assistance program, and $400 billion from a five-year domestic spending freeze, as well as reductions in pell grants, graduate school loans, community access, etc. But all of these cuts do not come close to offsetting the lost revenues from the extension of the tax cuts to the rich.

A pattern has emerged in Obama’s dealings with the Republicans. Obama agreed with the Republican argument to give tax cuts to the rich to help the economy. Now he is proposing to cut programs for the middle class and the poor to balance the budget. In doing such, Obama is moving the political fulcrum to the right. His approach of pre-emptively offering something—whether it be tax cuts for the rich or budget cuts affecting the poor and middle class—instead of negotiating a quid pro quo, is effectively pushing the Republicans further to the right, seeing the prospect of gaining even more ground.

Although compromise is demanded in politics, leadership cannot be defined by compromise alone. There are principles worth fighting for; and leaders must be willing to mobilize public opinion in support of those principles. Since our political system is rigged because of campaign finance and lobbying, a leader professing change and reform needs to present a different narrative to the populace. Churchill, Teddy Roosevelt, and Franklin Roosevelt recognized the value of the bully pulpit. Despite his rhetorical skills, Obama has failed to do so. His posture of appeasement will in all likelihood allow the Republicans to balance the budget on the backs of the working class and low income Americans to the benefit of Wall Streeters and Multinational Corporations, who offshore jobs, brought about the financial crisis, and robbed trillions from the American people. Since Obama is seeking re-election in 2012, and is charting his own course, he will not lead the American people to the Promised Land.

America needs major tax reform. The extension of tax cuts to people who need them the least was the last thing Congress needed to do. Some Democrats want to cut $40 billion in subsidies to the oil companies for five years; however, Republicans refuse to cut these subsidies to the oil companies, preferring to cut programs for the poor and middle class. Moreover, in spite of two wars costing $120 billion per year and an inflation adjusted military budget larger than those in the Bush years and the Cold War, neither party desires to cut military spending, which constitutes 58% of the discretionary spending budget.

Reform will never come from Congress nor a President like Obama. It will require people outside of Washington working with allies inside Congress in order to stop this disconnect between what is transpiring in Washington and what this country needs. It will require people coming together as they did in Egypt in a pro-democracy movement. The question is, can and will the people of America come together before it is too late.

Oh, By the Way, There’s Still a New 1099 Reporting Requirement for 2012 in the Proposed Budget

As you know, the bane of small businesses across this great land, the 1099 reporting requirement, was repealed by the Senate earlier this month. Despite some maneuvering amongst Senators to be crowned the biggest champion of small business, it seems that everyone agreed that this little sliver of the healthcare reform bill needed to go.

Now the House has taken up the charge but The Hill reports on a portion of President Obama’s proposed budget that is already annoying the hell out of some:

President Obama’s fiscal year 2012 budget still contains a portion of the 1099 provision while eliminating the requirement for goods but retaining it for services. The proposal is expected to raise about $10 billion over 10 years.

The National Federation of Independent Business blasted the new 1099 proposal as a “bait and switch.”

“We are disappointed that the president has not clearly heard what small businesses are saying,” NFIB senior vice president of Federal Public Policy Susan Eckerly said in a statement. “We at NFIB remain committed to helping the president and Congress understand the needs of small business as the budget process moves forward.”

But before you get your panties in a bunch, the Office of Management and Budget can explain:

“The administration recognizes the burden that this expanded information reporting provision will put on small businesses and proposes to repeal the provision,” the document says. “Instead, the administration proposes that a business be required to file an information return for payments for services or for determinable gains aggregating to $600 or more in a calendar year to a corporation (except a tax-exempt corporation); information returns would not be required for payments for property.”

If you call that an explanation.

Ways and Means schedules mark up of 1099 provision [The Hill]