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Bernie Sanders, Economic Imbecile

Bernie Sanders recently chose to test the waters of a possible Presidential campaign by weighing in on the deliberations regarding the Post Office. Thankfully, we have this Op-Ed so early on, because it reveals Sanders’ complete and utter inability to comprehend basic economics and accounting.

Bernie argues two main points: 1) the Post Office is not broke and 2) those who believe it is are “anti-government”, “wealthy special interest”, profit-seeking, or all of the above. These points rest entirely on his premise that pre-funding health benefits to postal workers is a very bad thing.

Sanders actually believes that planning for future promised benefits is not a fiscally sound practice. If he feels this way about the Post Office, surely he feels the same about Social Security and Medicare (two programs who have trillions in future liabilities). Does Sanders know that his type of accounting would land any business executive in jail?
Sanders says that if we didn’t have to pre-fund future benefits, than the Post Office would make a profit. Simple, right?

What he fails to mention that if we didn’t pre-fund benefits, the Post Office would merely be sloughing off paying its promises to some future nebulous day and time for some other taxpayers else to take care of –only when its liabilities were astronomical and the finances were on the edge of a precipice.

That result is precisely what we are facing programs like Social Security, Medicare, and many defined benefits plans across the country: politicians made future monetary promises without planning for them, and now the economic pressure has ballooned into severe fiscal instability. Sanders belongs to the ‘spend first, fix (maybe) later” group of bureaucrats who refuse to follow basic accounting practices like any business would be required to practice.
With the Post Office, we actually have an quasi-government entity following good, non-gimmick accounting so taxpayers can see first-hand the true financial picture (current and future) of the post-office. Pre-funding benefits to account for future and current liabilities is a proper and healthy way to do business. And if the Post Office cannot turn a profit while protecting its current and future liabilities, than it must make changes to its business operations

By repealing the legislation to pay for future liabilities, Bernie Sanders is ostensibly demanding someone in the future — your kids and grandkids — to clean up the mess of his government and his generation’s deliberately poor financial planning.
Which bring us two his second point. Bernie Sanders does what the Left does best, which is resort to name calling, straw-man arguments to build up his weak ideas. Sanders actually thinks that those who wish to pass on a health economic future while practice basic and principled accounting practices are anti-government, bought-and-paid-for, or profit-mongers. No, Mr. Sanders, we only wish for the government and its entities to practice the same kind of accounting standards that any other business or family is required to do.

Watch out, America — Bernie Sanders is just more of the same. Another bureaucratic imbecile who refuses to face economic and financial realities when it comes to the Post Office — or any big government program which deals with current and future liabilities. Sanders would rather pass the buck to the next generation in order to save a few union jobs.

New York State and Medical Billing Issues

Would any consumer-driven industry be able to get away with this?

“Surprise medical bills occur when a consumer does everything possible to use hospitals and doctors that are in the consumer’s insurance plan, but nonetheless receives a bill from a specialist or other medical provider by whom the consumer did not know he or she would be treated, and who was outside his or her plan’s network of providers.

Worse, a relatively small but significant number of out-of-network specialists appear to take advantage in emergency care situations in particular, where the consumer has little choice or ability to “shop” for an appropriate provider. Too frequently, out-of-network specialists charge excessive fees — many times larger than what private or public insurers typically allow. In one example, a New Yorker who severed his finger in an accident went to participating hospital and ultimately received an $83,000 bill from a plastic surgeon who reattached the finger but – unbeknownst to the patient — was outside the insured’s network of providers.

The problem of surprise bills is not limited to emergency situations. They also can occur when a consumer schedules health care services in advance and an in-network provider, such as an anesthesiologist, is not available. In these instances, consumers are not told that the provider is out-of-network, not informed about how much the provider will charge, or not advised how much the insurer will cover. This lack of disclosure not only ill serves the consumer, but also undermines the efficiency of the health insurance market because consumers cannot effectively comparison shop for benefits or services”

This except from is part of a larger letter from Benjamin M. Lawsky, Superintendent of Financial Services for New York State, written to members of the New York State Legislature. You can read the letter here.

In any other industry, this would ALL be considered fraud.

Yellin’ About Yellen’s Interest Rates

Janet Yellen, the new Fed Chairman, recently spoke about her decision to continue low interest rates, calling the policy “beneficial.” As the WSJ noted, Yellen described how she seeks to assure the markets:

“By keeping interest rates low, we are trying to make homes more affordable and revive the housing market,” she said. “We are trying to make it cheaper for businesses to build, expand and hire. We are trying to lower the costs of buying a car that can carry a worker to a new job and kids to school, and our policies are also spurring the revival of the auto industry.”

The problem with Yellen’s approach to the economy is that she completely misunderstands how interest rates affect the economy, an incredulous thing considering that she is the Fed Chairman.

When Yellen describes the benefits of low interest rates, she gives several reasons for them: homeownership, business growth, and car prices. However, the real estate market and auto industries are actually doing fine, and businesses are not using low interest rates to borrow to hire.

The crux of the problem is that all of Yellen’s examples analyze the economy from a consumption perspective. While consumption does affect the economy, it is not nearly a powerful a stimulant as investment. Any basic economics course will tell you that.
The real reason for the continued sluggishness is that investors are prevented from earning any real and considerable income when interest rates remain low. When investors don’t see a decent return on investment (ROI), they stop investing.

What else? Couple the investment problem with the administration’s policies that hurt growth such as burdensome regulations, minimum wage increases, food stamp usage, and Unemployment Insurance extensions, and you have a recovery that is best described as tepid.

Yellen should know better than to appeal to emotion rather than basic economics when making her Fed decisions. The choice to continue low interest rates for at least another year guarantees an anaemic economy for the foreseeable future.

Quickly Noted: Another Bombshell — Collusion Between the IRS and the DoJ

From Katie Pavlich at Townhall.com

“According to new IRS emails obtained through a Freedom of Information Act request from Judicial Watch, former head of tax exempt groups at the IRS Lois Lerner was in contact with the Department of Justice in May 2013 about whether tax exempt groups could be criminally prosecuted for “lying” about political activity.

JW IRS doc

Read the full story here

IRS Decides No New Changes to 501c4s — This Year

Last week, the Commissioner of Internal Revenue Service, John Koskinen, spoke to the National Press Club on a variety of matters. One of the items he discussed was the proposed regulation changes to 501c4s.

As I mentioned earlier, the citizen commentary on this matter was unprecedented. As such, the IRS concluded they could not review it all in a timely matter for this year. However, he did not say that the matter was closed — only delayed:

“Another recommendation by the IG was that the Treasury Department and the IRS should provide clearer guidance on how to assess the permissibility of 501(c)(4) social welfare organizations’ activities. So last November, Treasury and the IRS issued proposed regulations that are designed to clarify the extent to which a 501(c)(4) organization can engage in political activity without endangering its tax-exempt status.

While I was not involved in the issuance of this draft proposal, because it happened before I was confirmed as Commissioner, I believe it is extremely important to make this area of regulation as clear as possible. Not only does that help the IRS properly enforce the law, but clearer regulations will also give a better roadmap to applicants, and will help those that already have 501(c)(4) status properly administer their organizations without unnecessary fears of losing their tax-exempt status.
During the comment period, which ended in February, we received more than 150,000 comments. That’s a record for an IRS rulemaking comment period. In fact, if you take all the comments on all Treasury and IRS draft proposals over the last seven years and double that number, you come close to the number of comments we are now beginning to review and analyze. It’s going to take us a while to sort through all those comments, hold a public hearing, possibly repropose a draft regulation and get more public comments. This means that it is unlikely we will be able to complete this process before the end of the year.”

Therefore, the IRS will continue to ponder the matter and revisit it — likely during another important election cycle. It is imperative to keep an eye on this, as the changes are onerous and unnecessary for the operation of 501c4s to educate and advocate.

The IRS Will Not have Their “Targeting” Investigation Completed by the 2014 Elections

The Washington Times reports that the IRS will not be able to finish their investigation regarding the targeting of Tea Party and other groups, until far after the 2014 elections:

“John Koskinen, the man President Obama tapped to clean up the embattled agency, also said it will take years to respond to all of the document requests from Congress. He told Congress that even complying with a subpoena for emails from just a handful of key employees couldn’t be done before the end of this year because it takes time to have attorneys delete protected taxpayer information”.

It is quite convenient that there will be no resolution to the IRS scandal before the midterm elections, especially on top of the new proposed IRS regulations regarding 501(c)4s.

The IRS is an agency that needs to clean house from top to bottom.

The Budgets For Federal Regulators Are Clearly Too Big

The Wall Street Journal has run a couple of stories in recent months documenting the overreaching work of the FTC. In November, it ran a story describing how the FTC actually investigated whether The Music Teachers National Association was engaging in “anticompetitive practices”.

Because the non-profit, which had been in existence for years, did not have the financial resources to fight the investigation, the FTC laid out its conditions for continuation:

“It must, however, read a statement out loud at every future national MTNA event warning members against talking about prices or recruitment. It must send this statement to all 22,000 members and post it on its website. It must contact all of its 500-plus affiliates and get them to sign a compliance statement.

The association must also develop a sweeping antitrust compliance program that will require annual training of its state presidents on the potential crimes of robber-baron piano teachers. It must submit regular reports to the FTC and appoint an antitrust compliance officer.”

You can’t make this stuff up.

Then in January, the WSJ noted that the FTC won a victory over Apple with regard to the iPad.
The FTC maintains that the iPad apps did not clarify well enough that children could potentially access their parents money via a linked credit card on the iPad. So the FTC decided to go after Apple, the maker of the iPad.

A “class-action settlement didn’t require Apple to change its practices, while the FTC action requires the company to clearly disclose what consumers are authorizing when they enter their password. The FTC settlement also requires Apple to provide consumers with full refunds”.

So children were able to play games that their parents had chosen, and rack up money/debt through app purchases with a linked credit card that the parents had put on there — and that is the fault of Apple. Got it.

These recent FTC crusades are two prime examples of outrageous regulation and the stupidity of the FTC’s overwhelming overreach. If regulators have enough time to stick their noses in places that they don’t belong, or are just being meddlesome and counterproductive, then the Federal budgets for such regulation are clearly too large.

Obama and the Problem of Tax Transition Rules

The extensive, substantive, and expensive Obamacare changes being made now on a regular basis by President Obama certainly appear to be an unconstitutional, if for no other reason than law changes of that magnitude seem clearly to be Congress’s domain. But the administration argues that these are just minor tweaks needed to ease the implementation of a vast new law. Let’s look at reality.

Government periodically changes tax rules through new legislation. Often, the new laws require clarification concerning how to interpret the law under certain conditions, and the law itself anticipates that the IRS will issue regulations, rulings, or procedures to assist in understanding the law. The President’s Obamacare changes have nothing to do with this, since the President is changing unambiguous, clearly understandable provisions of the law.

Often, especially when new laws reflect a major change from prior law, these new laws require a way to smooth the transition. So when President Clinton phased out exemptions and some deductions for high net-worth individuals, the law provided that only ⅓ of the disallowances would apply for the first year, ⅔ for the second year, and complete disallowances from the 3rd year forward. This is an example of a “transition rule”. It allowed for the substantial effects of the new law to be smoothly integrated into people’s tax lives.

As a CPA, I have to deal with the tax code side of things, and the process that happens with such tax changes is called the “transition rules”. Tedious as it may be, Congress spends a lot of time on these transition rules to get it right.

Having experienced major tax changes such as the 1986 IRC overhaul, and the Bush “tax cuts” of 2001 and 2003, I can say that the transition rules during these times were specific, onerous, and complicated. They particulars were negotiated by Congress down to every last period and exclamation point.

Everyone knows the transition rules are the province of Congress.

So for the President to come out and say that he has the universal right to make tax transition rules, it is laughable — and one of the biggest lies yet. If his advisors did not tell him it is Congress’s role to make transition rules, he should fire all of them for incompetence.

One of the most important things about transition rules is that Congress spends time negotiating in committee and on the floor, the revenue effect of those rules. They are complex and interwoven with the law and focus on the effects of implementing that law. An example might be for Congress to consider whether to make the pain of the law spread out over time, or implemented all at once.

It is absolutely irregular for President Obama to insert himself into law and play with the transition rules willy-nilly. As a CPA, I would demand to see his detailed analysis of the revenue effects of these changes. I am not confident that such an analysis exists.

It is absolutely critical to understand the problem that Obama creates: only Congress is allowed to appropriate revenue, not the President. Therefore, any transition rules changes made by Obama that wreak havoc on the budget lack the proper authority to appropriate extra revenue to cover the effect of such changes.

Obamacare and an Anecdote

The recent revelation that the White House, congressional Democrats, and the CBO all now consider work to be a lifestyle choice reminds me of a scenario some years back with one of my clients.

There was a person who was getting a divorce, and the couple had 2 children. One of the discussions involved who was going to pay for the children’s college. The husband offered to pay 90% of the cost since he made substantially more money, leaving 10% as the wife’s portion to pay. This seemed to be a pretty fair offer.

The wife, on the other hand, did not agree that the offer was fair. Her rationale? If she ultimately got remarried down the road and decided to stay at home and not work, she would not be able to afford her 10% portion.

Understandably, the husband was taken aback. He said to her something along the lines of “you mean to tell me that you have a responsibility to take care of your children’s education, and because you have the chance not to work, then your children’s needs and your obligations somehow aren’t your responsibility anymore?”

The wife was understandably a little embarrassed, as she had never looked at it that way before.

Have you? We ought to have the moral compass not to insist that other people pay our bills for us.

This brings us back to Obamacare. It is not in any way morally acceptable, for those of us who are working, to subsidize people who prefer not to work and stay home and call it a “choice”.

Here’s the root of programs like Obamacare and welfare. A social safety net is supposed to be just that — a temporary hand-up, not a prolonged hand-out. A steady diet of benefits creates a disincentive to work. The decision not to work unfairly forces other people (who do work) to pay for the things that the benefit receipients should be paying for. With the expansion of programs such as food stamps, unemployment, and now healthcare, we are making it harder, if not impossible, to move out of that lower class rung.

The NYC Comptroller Doesn’t Understand How Basic Economics Work

The newest calls to raise the minimum wage in NYC to $11/hour are a frustrating reminder that the city’s own Comptroller, Scott Stringer, has a total lack of understanding about how economics work.

Scott Stringer makes the argument that raising the minimum wage to $11/hour would provide an additional $2 billion in annual income to working families. While that might sound good to taxpayers — to get more money in their pockets — he completely fails to explain the other side of the equation: from where does that $2 billion come?

Stringer seemingly takes that $2 billion figure out of thin air, as there is no documented basis from which he arrived at this number. If Stringer is not utterly incompetent, then he should certainly have available his complete analysis of the financial pluses and minuses that are likely to occur as the result of the minimum wage hike; after all, that is his job.

Here’s the problem. Minimum wage hikes mean that all employers in New York City – both in the government and in the private sector – will pay more for its labor than it currently does pay, in order to produce the exact same product or services. Looked at it another way, in order to keep to the operating budget, NYC will get less goods and services than it now receives. Or, to keep its present level of operations would result in a budget deficit — because of having to spend more overall to maintain the current goods and services.

Therefore, the thought that minimum wage increases — especially a substantial one — will not have a negative effect on the city economy, is ludicrous.

The standard justification goes that the higher minimum wage puts more money into needy families and therefore strengthens the economy. This argument just happens to have a wonderful political effect for Democrats: it makes them seem sensitive to the plight of the needy, while making Republicans look like shills for those greedy Republican businessmen who are only trying to squeeze every last dollar out of their poor employees.

Just one problem —the Democratic position is nonsense, and economists know it, because of simple Economics 101: no businessman would be willing to pay an employee more than the economic value of the employee for him to perform his work.

Let’s assume that the rise in the minimum wage puts the cost of employee in excess of the value of that employee. The employer may then 1) terminate the employee (saving the excess of cost over productivity) or 2) buy equipment which, at that price, becomes cheaper than the employee.

But let’s say the employer keeps the employee, just paying him more for the same work he did before. The employer will then either a) earn a smaller return on his investment, reducing the amount he will be able to invest in the business in the future; b) he will raise his prices, which will maintain his profit margin, but will reduce his sales via you, or c) some combination of a) and b). In either case, growth of the NY economy will be hurt.

Here in New York City, a minimum wage hike would mean that New York City will pay more for its labor than it currently has calculated to pay, in order to produce the exact same product or services. Looked at it another way, to then keep to the operating budget, NYC will get less goods and services for the taxes it receives. This would result in a budget deficit — because of having to spend more overall to maintain the current goods and services.

Therefore, the thought that minimum wage increases — especially a substantial one — will not have a negative effect on the city economy, is ludicrous.

What the city is demanding with the minimum wage increase will have two effects. First, businesses in the city will have to pay their labor more, thereby raising the price of their goods to cover the wage increase. This ultimately will render New York City businesses less competitive than other businesses not located in the city. The result? Our businesses will lose business to those outside of New York City. That is not positive for the economy.

Secondly, New York City is often required to buy from the lowest bidder for many of its goods and services. Therefore, the city would likely have end up buying from outside of the city in order to get those cheaper prices — thereby not supporting the city’s own businesses.

The net effect of a minimum wage hike from $8 to $11 (a 37.5% increase) will take its toll on businesses in New York City and the economy. Stringer has publicly admitted that “the budgetary path we are on is still not sustainable.” Instead of cutting spending, his solution is to make the businesses cough up extra funds via a wage increase so that those wages can subsequently be taxed for more revenue for the city and the city’s budget — even at the expense of NYC businesses. Taxpayers too, will be affected, because their tax dollars will have less purchasing power in the city.

The minimum wage is already set to rise incrementally through 2015 to $9.00 for New York. Pushing through a faster and higher minimum wage increase will handicap New York City businesses in an already sluggish economy, and punish those companies who already endure high taxes and unending bureaucracy under the heavy hand of government.