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Illegal Tax Scheme Nets $140 Billion More For Biggest US Banks
351 views | 50 Recommendations | 16 comments
Well's Fargo, JP Morgan Chase, Citigroup, and 17 of America's other biggest "banks" are re-animating corporate America's favorite old friend, once thought to be long dead, the Shell Corporation Monster with the help of a modern age Dr. Frankenstein, Treasury Secretary Henry Paulson, and blatantly passing off a massive $140 billion illegal tax fraud as tax policy.
For a century the US Congress has been forced to legislate to rein in the unfair, predatory business practices of big banks and corporations, and has done so to prevent them using illegal schemes to make windfall profits from market manipulation, and from swindling the US Government and thus the taxpayers by setting up or buying dummy, or "Shell Corporations".
One of the oldest forms of corporate fraud, aptly named after the shell games used to dupe hapless fools out of their money by carpetbaggers and thieves, is very easy for large companies to engage in. Buy up marginal companies within your industry, often ones you have driven to the brink with unfair business practices, bleed the assets out of these hapless entities forcing them into bankruptcy, thereby netting all the governments largess in the form of windfall tax breaks.
This sleazy practice has been illegal in the USA for some time until Paulson and the Treasury Department quietly and arbitrarily abolished section 382 of the tax code, enacted by Congress in 1986. This move is completely illegal as the Secretary of the Treasury has no legal right to overturn legislation passed and enacted by the Congress!
Now, due to this illegal abrogation of the Constitution, the Countries top 20 "banks" will be using the taxpayers money to buy up companies they have already helped drive into bankruptcy, so that they can finish them off and reap $140 billion in illegal tax breaks.
Just as a clarification, these "banks" have not been real banks since the Clinton Administration repealed the Glass-Steagall Act of 1933, turning them into nothing more than "Financial Service Companies" no longer bound by the constraints imposed on real banks, and turning these unregulated monsters loose on us.
Thus they are now using the taxpayer funded bailout, to buy up other smaller institutions that they helped force to the edge of bankruptcy, so that they can use them as "Shells", finish the job of pushing them into insolvency thus reaping the windfall, again from the hapless US taxpayers, by avoiding paying appropriate amounts of corporate taxes.
Nice scam the banks and their puppets in government are pulling on you isn't it?
An extra-legal measure quietly enacted by the Treasury Department in the shadow of the $700 billion Wall Street bailout package will hand the country's biggest banks another $140 billion windfall, the Washington Post reported this week.
In a five-sentence memo issued on September 30, on the eve of the first House vote on the bailout bill, the Treasury Department unilaterally overturned a two-decade-old tax law passed by Congress. The measure denied profitable companies the ability to shield their profits from taxation by buying up bankrupt firms as shell companies and using their losses as a tax dodge.
The law, section 382 of the tax code, was enacted by Congress in 1986. It was aimed at curtailing what was seen as an egregious corporate scamming of the tax system. The Republican right and corporate lobbyists have been pushing for the measure's repeal or amendment ever since.
Treasury Department spokesman Andrew DeSouza defended the action, telling the Post that the administration had the power to overturn a law passed by Congress as part of its mandate to interpret the tax code. He further insisted that the action was a necessary means of rescuing the banks from the financial meltdown.
"This is part of our overall effort to provide relief," he said.
The Post reported in its November 10 article: "More than a dozen tax lawyers interviewed for this story - including several representing banks that stand to reap billions from the change - said the Treasury had no authority to issue the notice."
"Did the Treasury Department have the authority to do this? I think almost every tax expert would agree that the answer is no," George K. Yin, the former chief of staff of Congress's Joint Committee on Taxation, told the Post. "They basically repealed a 22-year-old law that Congress passed as a backdoor way of providing aid to banks."
November 13, 2008 at 11:24 am by moonwolf, 351 views, 16 comments
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Most RecentMost Recommended Comments (16)
at 12:55 on November 13th, 2008
Moon, Good story. I see things by business down here that are similar. My brother-in-law had a independent pharmacy. Walgreens and Eckards built 4 stores on both side of him. They offered folks 20 bucks to transfer each persciption to them. They bought him out and closed his store.. they then closed 2 of the other stores. What is it with these rich folks who like to squeeze the life out of small competertors? All it does is cause monopolies that then charge us more for services. I DO NOT work with national banks.
at 15:19 on November 13th, 2008
Thanks Politisite,
Unfortunately GROW, dominate, and increase profitability in whatever way possible is the core in corporation! The fight has always been the same since the first corporation and the inception and enactment of rules that gave corporations legal status that supersedes that of the individual. Corporations take whatever steps they can to monopolize their own marketplaces, so they can control both the supply and demand sides, as well as the prices they charge, the cost of materials and labor through complete domination, but unlike individual directors and officers are shielded from bearing legal responsibility for what the corporation does.
The Public would all be slaves in work camps if corporations were given free reign, and that's exactly the way it was in America, Canada, England, and the industrialized world until people fought tooth and nail for the cause, demanding their so called democratic governments enact laws that forced corporations to control their excesses, and finally grudgingly give way allowing for a standard of living to occur that supports our modern lifestyle.
" You load sixteen tons, and what da ya get?
Another day older an' deeper in debt.
Saint Peter don't you call me 'cause I cain't go!
I owe my soul to the company store!"
Remember this song?
Unfortunately that was the grisly reality for all workers before and during the long battle, littered with the corpses of many, taking 150 years, fought by ordinary people in the streets and factories of the US, for their basic human rights in the face of usurious, rapacious corporations to which people, including children, were both a cheap disposable labor pool to be used and controlled, and customers forever indebted to the same companies they worked for, forced to pay the exorbitant prices the company demanded for goods. Hundreds of thousands of US workers lived short brutal lives working six or seven days a week, up to sixteen hours a day in terrible dangerous factories, living in filthy unheated workhouses, where they squatted without running water or toilets and watched their children die wretchedly from disease, starvation and malnutrition, and cold, with no schools or doctors, all of them gripped in the brutal fist of corporate America.
Only through an unyielding fight demanding their democratic rights under the Constitution to the Congress, and with the assistance of populist Presidents like Theodore Roosevelt did the people finally achieve a stand-off with corporations which gave us good jobs, in safe workplaces, with a living wage, and protections from the worst practices of the corporate past. But the corporations never, ever stop and continue to undermine and wangle and lobby and lie and buy support. They even spend fortunes lulling us with the lie that they are nice, socially responsible, caring institutions, who given the chance will have us all living well and comfortably taken care of. Did you buy into that PR selling job? Ask yourself that. Most of us bought it lock stock and barrel.
Our constant vigilance and struggle to maintain our status, to force our legislators to speak for us rather than cozying up to the corporate elite, while corporations do everything they can to wrest control from us is the dynamic at the very foundation of our society. It only works while the tense and fragile equilibrium is maintained.
Corporations never rest when it comes to this battle for control, and when an observer who is aware of this struggle looks around today he can see that the corporations are clawing back the control as they have always done given even the smallest opening by a lazy, uneducated, inactive or disinterested population. It is, after all, their mandate.
Ours responsibility is to make sure they don't get away with it so we can maintain a healthy equilibrium, and thus our standard of living. Have you noticed your standard of living has been going down steadily? It's not bad luck, or some invention like THE Economy's fault. The banks and corporations control the economy, and know exactly what they are doing.
What we are all witnessing is a coup. In several bold and brilliant strokes the unholy alliance of big banks, transnational corporations and governments that no longer speak for their constituents, are wiping out the gains paid for in blood, sweat and tears and the broken dreams of millions of Americans who went before and fought for our right to have what we are losing inexorably today, and when these greedy men and their organizations are done we, or at least our children will all be back in the sweatshops, or shall we say a Walmart uniform, back in 'the company store'.
Our only chance is to take the fight to them through our democratic institutions; to demand our legislators do what we bid them to or face the consequences, and their is little time left. The gains of 150 years of uphill human struggle will be wiped out within the decade. Will we let that happen?
at 15:36 on November 13th, 2008
Moon, What are you trying to do? Jump my IQ 10 points in one setting! Gosh! Thanks for that! I take it that your not much of a capitalist... admit it, you sold lemonade on your front yawn for more then it cost you... Go ahead tell the world LOL
at 16:02 on November 13th, 2008
politisite,
I actually am a capitalist, but knowing how the system is set up, I know that there is a downside and some nasty consequences to an otherwise good system. The whole structure of capitalism requires the corporations do everything possible to continue to grow and produce profits for their shareholders and that we do everything we must to carve out our own piece of the action in the face of that brute force.
The system is that confrontational dynamic, and any time it goes too much one way or the other it must be corrected or it swings out of control and will implode.
I have read a substantial amount recently on the history of the class struggle, and labor struggle with corporate America within the capitalist system over the last two centuries and it should be required study in all our schools. I bet most people have no idea what got us here, and it was a battle against seemingly unbeatable force that raged longer than all our world wars put together, and our ancestors gave up their lives and lived without freedom to give it to us. We always remember the wars we fought on foreign soil against political enemies for our freedoms but have forgotten the greatest and longest and hardest battle fought right here at home.
And yes I did sell lemonade, and live frogs, and slingshots I made myself.
at 20:41 on November 13th, 2008
I knew it. I miss the old way of doing business, by reputation. The business all knew us and our word meant something. When I was about 8 years old our little town started the change from Mom n Pop shops to corporations. IN my town of 2500 the first sign was a 7/11, then a McDonalds it coninued on from there. I don't receonize my town anymore. Although I am a capitalist, I am not a fan of multi-national corps. The meltdown has affirmed that my old view, local capitalism, is the best. Buy local, eat local, hire local is what I wish would thrive.
Great chats Moon, I enjoyed it. We know who the real intellectual is in this conversation.
at 16:03 on November 13th, 2008
politisite,
Man did the first comment of yours ever get me going! Sometimes I have no idea what is waiting inside to be said until something cues it up. Thanks!
at 20:35 on November 13th, 2008
I figured the issue is one on your heart. I get that way at times. Someone will say a sentence and my inter writer (who can't spell) comes out.
at 15:16 on November 13th, 2008
Credit Union are engaging in the same direction though and some are no better then the banks. The Credit unions have changed drastically over the past decade and become more Bank like institutions. At least in Ontario and Quebec.
at 15:23 on November 13th, 2008
Paschen,
VanCity in Vancouver, the lower mainland and Victoria is still awesome and has strict social standard that it maintains, and a high level of community and charitable involvement. It even has a promissory statement it requires new companies to sign that obligate them to a high level of honesty and social responsibility. My wife had to sign it for her new business before she could open a business account.
at 15:33 on November 13th, 2008
I have no doubt that there are still Credit Union out there as yours is, however the trend in Eastern Canada is toward mergers and Bank like operation, what did and does really hurt many Farmers and does push them away from the credit Unions.
at 15:52 on November 13th, 2008
Paschen,
I am reading an incredible book which lays out the structures for new agencies controlled democratically by the community in which they operate. If you look on the web there is an upsurge of new ideas for adjusting capitalism and even whole new economic models which have never been tried.
The problem is that university economics faculties are dominated by Chicago School neo-liberal ideologues with tenure, and they will do anything to maintain their status and control, and when government looks for advice on the economy, where does it look? Modern economic university theorists and academics are simply new age "Flat Earthers"
at 16:05 on November 13th, 2008
I look into it and feel free to send me some links and titles when ever you have a moment.
Thanks MoonWolf. I did read some thing about monetary union and international single currency recently actually Ronhda gave me a link to that subject as well the other day.
at 15:31 on November 13th, 2008
Well written and good piece. Thanks
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djermanoat 17:57 on November 13th, 2008
I agree Moonwolf.....and it boils down to energy.They squeeze out small business by manipulating the energy sector. Citigroup financed Enron, the guys who put the screws to California electric utility users.
To bad they don't see it like I do...and that is using the energy sector to keep government going, in paying for public worker salaries. We could throw the entire tax scheme in the trash when we get on line with Geothermal Energy.
There would be no more debt, and deficits, and taxes would be a thing of the past. Revenue generated from using electricity from Geothermal use, would pay for the Government Spending needs. No longer will it be the United States of Argument, but The United States of America.
Paulson is the Cause to the Worlds' Recession...
http://my.nowpublic.com/world/paulson-cause-world-recession....
God Bless
Rev. Jermano
at 18:34 on November 13th, 2008
Since aggressive competition is not illegal the only people that would be hurt if the tax losses were not assignable would be the few people who work for these companies that would have lost their last bit of value. I agree the practice is a bad one but I am not sure this fixes it.
at 00:58 on November 14th, 2008
great introduction to the article, moon, thanks