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Economy
See other Economy Articles

Title: So How Did the Bush Tax Cuts Work Out for the Economy?
Source: [None]
URL Source: http://www.tax.com/taxcom/taxblog.n ... alink/CHAS-89LPZ9?OpenDocument
Published: Sep 25, 2010
Author: David Cay Johnston
Post Date: 2010-09-25 13:13:21 by Skip Intro
Keywords: None
Views: 146091
Comments: 184

The 2008 income tax data are now in, so we can assess the fulfillment of the Republican promise that tax cuts would produce widespread prosperity by looking at all the years of the George W. Bush presidency.

Just as they did in 2000, the Republicans are running this year on an economic platform of tax cuts, especially making the tax cuts permanent for the richest among us. So how did the tax cuts work out? My analysis of the new data, with all figures in 2008 dollars:

Total income was $2.74 trillion less during the eight Bush years than if incomes had stayed at 2000 levels.

That much additional income would have more than made up for the lack of demand that keeps us mired in the Great Recession. That would mean no need for a stimulus, although it would not have affected the last administration's interfering with market capitalism by bailing out irresponsible Wall Streeters instead of letting the market determine their fortunes.

In only two years was total income up, but even when those years are combined they exceed the declines in only one of the other six years.

Even if we limit the analysis by starting in 2003, when the dividend and capital gains tax cuts began, through the peak year of 2007, the result is still less income than at the 2000 level. Total income was down $951 billion during those four years.

Average incomes fell. Average taxpayer income was down $3,512, or 5.7 percent, in 2008 compared with 2000, President Bush's own benchmark year for his promises of prosperity through tax cuts.

Had incomes stayed at 2000 levels, the average taxpayer would have earned almost $21,000 more over those eight years. That's almost $50 per week.

The changes in average and total incomes are detailed on the next page in Table 1, the first of four tables analyzing the whole data.

Now that we have looked at the whole eight-year period, what does the new data show about 2008, the worst recession ear since the 1930s, show when compared to the peak year of 2007, when the average taxpayer made $63,096, which was 2.5 percent more than in 2000.

In only two of the eight Bush years, 2006 and 2007, were average incomes higher than in 2000, but the gains were highly concentrated at the top. Of the total increase in income in 2007 over that in 2005, nearly 30 percent went to taxpayers who made $1 million or more.

Now surely some will say that it is not fair to saddle George W. Bush and those who supported his tax cuts with the economic figures from 2001 and 2008. The first would be on the theory that President Clinton should be charged for that year (just as Bush should be charged with 2009, the first year of the Obama administration). The second is on less solid ground, but let's consider it for the sake of argument.

Just measuring the second through seventh years we find that total income was still nearly $2 trillion lower than if 2000 level income continued. Stacking the deck in President George W. Bush's favor does not change the awful performance or even soften it much.

The tax cuts cost $1.8 trillion in the first eight years, according to an analysis by the Tax Policy Center, whose reliability the last administration went out of its way to praise. Those cuts were heavily weighted toward the people candidate George W. Bush famously called "haves and the have-mores . . . some people call you the elite. I call you my base."

In the two years since 2008, the cuts' total cost grew to $2.3 trillion, the Tax Policy Center estimated.

One of every eight dollars of the tax cuts went to the 1 in 1,000 taxpayers in the top tenth of 1 percent, the annual threshold for which was in the $2 million range throughout the last administration. The only other large beneficiary was parents with children under 17 who make enough to pay income taxes, thanks to the $1,000-per-child tax credit Republicans started championing in the mid-1990s.

Now let's look at wages, the source of most people's income. In 2008 the average taxpayer made $58,000. That was $5,100 less than in 2007, a decline of 8.1 percent.

The number of taxpayers reporting any wages in 2008 was 1.26 million fewer than in 2007, a scary figure when you consider that most people do not expect to be out of work for an entire year and that the population grew by more than a percentage point. In August 42 percent of the unemployed -- 6.2 million people -- had been out of work for 27 weeks or more, the Bureau of Labor Statistics said. The average for all jobless workers was 33.6 weeks of unemployment, the equivalent of going from New Year's Day through August 23 without a paycheck.

The number of taxpayers with incomes below $100,000 with any wage income fell in 2008 by 1.8 million. Because married couples file many tax returns, this means more than 2 million people who worked in 2007 earned no wages in 2008.

Total wages in 2008 fell by nearly 4 percent, compared with a year earlier, for the 87 percent of Americans whose total income was less than $100,000. Since 2000, population grew more than wages.

Those reporting negative incomes quadrupled from less than 600,000 in 2000 to nearly 2.5 million in 2008. Their losses worsened slightly from -$64,000 on average to -$66,000.

The number of workers earning $500,000 or more in total income also fell, by just under 100,000 (or nearly 12 percent), but their average wage of $718,000 is still more than the average American earns in a decade at 2008 levels.

The number of people reporting incomes of $200,000 or more but legally paying no federal income taxes skyrocketed in the second Bush term. A decade ago it was fewer than 1,500 taxpayers; in 2000 it was about 2,300. This high-income, tax-free group jumped to more than 11,000 in 2007 and then doubled in 2008 to more than 22,000.

In 2008 nearly 1 in every 200 high-income taxpayers paid no federal income tax, up from about 1 in 1,500 in 1998.

The share of high incomes that were untaxed increased more than sevenfold to one dollar of every $166.

The Statistics of Income data on tax-free, high incomes severely understate economic reality because they exclude deferral accounts, including those of hedge fund managers with billion-dollar incomes who can legally report no current income and borrow against their untaxed gains to live tax free.

Table 1. 2008 Average Incomes Fell Well Below 2000 Level

Table_1.pdf

The one bright spot in the SOI data at Table 1.4 was that the number of people making $100,000 to $200,000 grew significantly between 2007 and 2008. Their ranks increased by 393,465, or 3 percent, to more than 13.8 million taxpayers.

This truly is good news, because most of the increase had to be people who worked their way up into six-figure incomes from 2007 to 2008.

We know this because fewer than 160,000 taxpayers fell out of the $200,000-and-up income groups. Even if we assume that every one of them fell into the $100,000-$200,000 class, that still leaves 233,000 taxpayers who joined this income group. These 233,000 taxpayers must be people who increased their incomes enough to get them above the $100,000 line. And we know that they did it mostly through becoming more valuable workers, because this group relies on paychecks for more than 77 percent of its income.

But despite that one sliver of good news about low six-figure incomes, the data show overwhelmingly that the Republican-sponsored tax cuts damaged our nation.

Examining performance against the promises, what do we find? Overwhelming evidence that the tax cuts of 2001 and 2003 made us much worse off.

Table 2. More Taxpayers, Less Revenue

Table_2.pdf

Ignore the cynics who say the Republican leaders on Capitol Hill, in Wasilla, and on the airwaves care only about the rich. I don't believe that. I think they are captive to economic theories few of them understand and that are simplistic in the extreme. I take them at their word, that they truly believe their policies will produce broad benefits for all, but accepting that does not diminish the fact that the policies these Republicans promote also produce massive tax savings for the superrich who finance their campaigns.

The question to ask is whether their policies worked as promised. Have they even come close? Where is the prosperity -- and where was it in the Bush years, when massive increases in both military and discretionary spending provided a chronic stimulus to the economy?

Table 3. 2007 to 2008: Fewer Jobs, Less Money (Mostly)

Table_3.pdf

The hard, empirical facts:

The tax cuts did not spur investment. Job growth in the George W. Bush years was one-seventh that of the Clinton years. Nixon and Ford did better than Bush on jobs. Wages fell during the last administration. Average incomes fell. The number of Americans in poverty, as officially measured, hit a 16-year high last year of 43.6 million, though a National Academy of Sciences study says that the real poverty figure is closer to 51 million. Food banks are swamped. Foreclosure signs are everywhere. Americans and their governments are drowning in debt. And at the nexus of tax and healthcare, Republican ideas perpetuate a cruel and immoral system that rations healthcare -- while consuming every sixth dollar in the economy and making businesses, especially small businesses, less efficient and less profitable.

This is economic madness. It is policy divorced from empirical evidence. It is insanity because the policies are illusory and delusional. The evidence is in, and it shows beyond a shadow of a reasonable doubt that the 2001 and 2003 tax cuts failed to achieve the promised goals.

So why in the world is anyone giving any credence to the insistence by Republican leaders that tax cuts, more tax cuts, and deeper tax cuts are the remedy to our economic woes? Why are they not laughingstocks? It is one thing for Fox News to treat these policies as successful, but what of the rest of what Sarah Palin calls with some justification the "lamestream media," who treat these policies as worthy ideas?

The Republican leadership is like the doctors who believed bleeding cured the sick. When physicians bled George Washington, he got worse, so they increased the treatment until they bled him to death. Our government, the basis of our freedoms, is spewing red ink, and the Republican solution is to spill ever more.

Those who ignore evidence and pledge blind faith in policy based on ideological fantasy are little different from the clerics who made Galileo Galilei confess that the sun revolves around the earth. The Capitol Hill and media Republicans differ only in not threatening death to those who deny their dogma.

How much more evidence do we need that we made terrible and costly mistakes in 2001 and 2003?

Figure 1. High-Income Paying Zero Tax 1998-2008

Figure_1.pdf

The number of individual income tax returns showing adjusted gross income of $200,000 or more, but no income tax liability, has been rising rapidly in recent years.

Table 4. 2008: Fewer Jobs, Lower Pay (With Exceptions in Bold)

Table_4.pdf

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Begin Trace Mode for Comment # 169.

#1. To: Skip Intro (#0)

It let people who earned money keep more of the money they earned. No one but a communist would think that the government taking more money out of the economy is good. Are you a communist?

A K A Stone  posted on  2010-09-25   13:30:59 ET  Reply   Untrace   Trace   Private Reply  


#2. To: A K A Stone (#1)

It let people who earned money keep more of the money they earned. No one but a communist would think that the government taking more money out of the economy is good. Are you a communist?

Do you think that is anything close to intelligent conversation?

Got to fund those wars you guys support so much.

Rhino  posted on  2010-09-25   13:35:32 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Rhino (#2)

Do you smoke crack? You must if you think I ever supported any of these new world order wars.

A K A Stone  posted on  2010-09-25   17:29:43 ET  Reply   Untrace   Trace   Private Reply  


#10. To: A K A Stone (#7)

Do you smoke crack? You must if you think I ever supported any of these new world order wars.

I'm sorry, I lumped you in with all conservatives.

Still doesn't mean your communist insult isn't retarded.

Rhino  posted on  2010-09-25   20:54:32 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Rhino (#10)

Commies/socialists/progressives are all about taking money out of the economy so they can control us.

The less money the govt takes the more free we are. Money they take out of the economy makes us poorer. People who earn the money should be able to keep it.

A K A Stone  posted on  2010-09-25   20:57:39 ET  Reply   Untrace   Trace   Private Reply  


#13. To: A K A Stone (#11) (Edited)

Commies/socialists/progressives are all about taking money out of the economy so they can control us.

The less money the govt takes the more free we are. Money they take out of the economy makes us poorer. People who earn the money should be able to keep it.

They money is taken when it is spent. Mainstream conservatives will fight tooth and nail on taxes, but have absolutely no problem with massive government spending.

That money will be taken from our economy, now or later. Funding government is necessary, and the income tax is constitutional. The budget needs to be balanced, or at least more balanced. And tax cuts are not helping.

Your argument might make some sense of the budget was balanced and democrats wanted to take more money for no reason. But taking money from the private sector to pay for government spending is in no way communist.

Rhino  posted on  2010-09-25   21:11:08 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Rhino (#13)

Govt revenue increased after the tax cuts. Probably more then 80 percent of what govt spends on is unconstitutional.

A K A Stone  posted on  2010-09-25   21:12:50 ET  Reply   Untrace   Trace   Private Reply  


#15. To: A K A Stone (#14)

Govt revenue increased after the tax cuts. Probably more then 80 percent of what govt spends on is unconstitutional.

Govt revenue climes because the economy climes. It would have climbed more without the tax cuts.

I concede there is a point at which tax cuts do increase revenue. But not at 40% of the top marginal tax rate.

Rhino  posted on  2010-09-25   21:16:24 ET  Reply   Untrace   Trace   Private Reply  


#20. To: Rhino (#15)

I concede there is a point at which tax cuts do increase revenue.

You should look up Arther Laffer.

Capitalist Eric  posted on  2010-09-25   21:57:56 ET  Reply   Untrace   Trace   Private Reply  


#21. To: Capitalist Eric (#20)

You should look up Arther Laffer.

Right.

His current plan for restoring economic health is to suspend ALL federal tax collection for a year and a half.

lucysmom  posted on  2010-09-25   22:00:51 ET  Reply   Untrace   Trace   Private Reply  


#40. To: lucysmom (#21)

His current plan for restoring economic health is to suspend ALL federal tax collection for a year and a half.

That's a very good idea. STARVE 'em...!

Please provide an empirical argument to counter his position...

Capitalist Eric  posted on  2010-09-26   8:57:30 ET  Reply   Untrace   Trace   Private Reply  


#41. To: Capitalist Eric (#40)

That's a very good idea. STARVE 'em...!

Just like Communism, "STARVE 'em...", is another plan that doesn't work in real life. Bush's tax cuts for instance, reduced tax collections by $2.4 trillion. California's prop 13 was "going to starve the beast" and look at where we are now.

lucysmom  posted on  2010-09-26   10:23:09 ET  Reply   Untrace   Trace   Private Reply  


#42. To: All, Capitalist Eric (#41)

That's a very good idea. STARVE 'em...!

Just like Communism, "STARVE 'em...", is another plan that doesn't work in real life...

My reply assumed that you wish this country and countrymen well. It didn't occur to me that you might have a different goal until after hitting the post button. If that's the case then of course "STARVE 'em" might just be a very good idea from your perspective.

lucysmom  posted on  2010-09-26   10:31:16 ET  Reply   Untrace   Trace   Private Reply  


#47. To: lucysmom (#42)

"STARVE 'em" might just be a very good idea from your perspective.

You need to get it through your empty skull, that the government is broke. They're like a parasite, that has sucked so much life out of the host, that the host is now dying... (the host, BTW, is us)

As we, the hosts, lose energy, and our lives fade, the parasite gets less nourishment, and starts to suck harder, to keep itself fat and happy, with no regard to the fact that the host is now critical.

The only way we- the hosts- will survive, is to cast off, or BURN off, the parasites. They will starve and die; we will survive.

It's them or us. I choose to make them starve, so we can possibly survive. What's your choice?

Capitalist Eric  posted on  2010-09-26   14:29:39 ET  Reply   Untrace   Trace   Private Reply  


#59. To: Capitalist Eric (#47)

As we, the hosts, lose energy, and our lives fade, the parasite gets less nourishment, and starts to suck harder, to keep itself fat and happy, with no regard to the fact that the host is now critical.

...

The only way we- the hosts- will survive, is to cast off, or BURN off, the parasites. They will starve and die; we will survive.

It's them or us. I choose to make them starve, so we can possibly survive. What's your choice?

Government actually does provide services for its citizens - the relationship is not parasitic but rather symbiotic.

Destroy what you call the parasites and you could well destroy the host too.

lucysmom  posted on  2010-09-26   17:17:54 ET  Reply   Untrace   Trace   Private Reply  


#64. To: lucysmom (#59)

Government actually does provide services for its citizens - the relationship is not parasitic but rather symbiotic.

The government plays "Robin Hood." It takes money from those that work, and gives it to those that won't.

The government motto: "From each according to abilities, to each according to his needs."

Of course, that is straight Karl Marx.

PROVE me wrong.

Capitalist Eric  posted on  2010-09-27   4:46:47 ET  Reply   Untrace   Trace   Private Reply  


#65. To: Capitalist Eric (#64)

The government plays "Robin Hood." It takes money from those that work, and gives it to those that won't.

In fact, most of the money it takes is from those who work and given to people who do work under government cpontracts or who hold the debt.

Prove ME wrong.

war  posted on  2010-09-27   9:29:09 ET  Reply   Untrace   Trace   Private Reply  


#67. To: war (#65)

In fact, most of the money it takes is from those who work and given to people who do work under government cpontracts or who hold the debt.

Why aren't capital gains taxed at the same rate as income from work?

lucysmom  posted on  2010-09-27   10:14:38 ET  Reply   Untrace   Trace   Private Reply  


#72. To: lucysmom (#67)

Why aren't capital gains taxed at the same rate as income from work?

Please provide the definition of "income," as established by SCOTUS, over 100 years ago.

Please provide the specific law that says the money we earn from work (aka wages or salaries) are considered "income."

Capitalist Eric  posted on  2010-09-27   12:21:49 ET  Reply   Untrace   Trace   Private Reply  


#73. To: Capitalist Eric (#72) (Edited)

Please provide the specific law that says the money we earn from work (aka wages or salaries) are considered "income."

26 U.S.C. § 61

You're welcome.

Also...to a lesser extend under Titile 42 § 409 as it gives examples of when wages can be exluded or must be included for the purpose of reporting "gross income" on your tax return.

war  posted on  2010-09-27   12:37:25 ET  Reply   Untrace   Trace   Private Reply  


#75. To: war (#73)

Just curious and don't want to look it up. Paste it please if you have time.

A K A Stone  posted on  2010-09-27   12:47:25 ET  Reply   Untrace   Trace   Private Reply  


#76. To: A K A Stone (#75)

Gross Income Defined

(a) General definition
Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items: (a) General definition Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items:

(1) Compensation for services, including fees, commissions, fringe benefits, and similar items;
(2) Gross income derived from business;
(3) Gains derived from dealings in property;
(4) Interest;
(5) Rents;
(6) Royalties;
(7) Dividends;
(8) Alimony and separate maintenance payments;
(9) Annuities;
(10) Income from life insurance and endowment contracts;
(11) Pensions;
(12) Income from discharge of indebtedness;
(13) Distributive share of partnership gross income;
(14) Income in respect of a decedent; and
(15) Income from an interest in an estate or trust. (1) Compensation for services, including fees, commissions, fringe benefits, and similar items;
(2) Gross income derived from business;
(3) Gains derived from dealings in property;
(4) Interest;
(5) Rents;
(6) Royalties;
(7) Dividends;
(8) Alimony and separate maintenance payments;
(9) Annuities;
(10) Income from life insurance and endowment contracts;
(11) Pensions;
(12) Income from discharge of indebtedness;
(13) Distributive share of partnership gross income;
(14) Income in respect of a decedent; and
(15) Income from an interest in an estate or trust.

war  posted on  2010-09-27   13:02:10 ET  Reply   Untrace   Trace   Private Reply  


#84. To: war (#76)

To: A K A Stone Gross Income Defined

(a) General definition Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items: (a) General definition Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items........

You cited the Internal Revenue Code.

CITE the page, paragraph, and provide a LINK to that page of the code.

ANYTHING ELSE IS BULLSHIT.

A good summary, lifted from http://www.afreecountry.com/tpcs/irs/income.php

The US Supreme Court Definition of Income

by M. Randolph Hamilton

updated 10/15/2008

The term income is defined nowhere in Title 26 of the US Code, which is the law that relates to the "income" tax. The term "income" has repeatedly been held by the courts to indicate "gain on capital" and not receipts, wages or a fee received in exchange for selling an item of property. Since a tax on property would be a direct, unapportioned tax that the US Constitution does not allow, even selling a house for more than you paid for it would be a direct tax on property. As you will see below, the US Supreme Court has ruled, not just once, but repeatedly, that the federal governmnet cannot levee a tax on your property, and ultimately, your labor.

It should also be noted by the reader that a Supreme Court ruling stands forever unless it is specifically overturned by the Supreme Court itself. The legislature cannot legislate law to change the US Constitution and any laws that are passed by the legislative branch that are not within the constraints of the Constitution are null and void as they relate to sovereign Citizens. The reason there are so many unconstitutional laws is because there are two United States and these laws apply in the federal government's version of the United States.

Some people who want to pass laws outside the constraints of the US Constitution try to claim that it is a "living breathing" document that has to have a new interpretation as time passes. This mode of thinking would simply deem the act of writing the Constitution fruitless. Why bother writing a Constitution if its meaning will change depending on who is reading it this year. Anyone who rises to power could simply rule as a dictator and ignore the Constitution, since he could simply state he doesn't read it that way.

  • EISNER v. MACOMBER , 252 U.S. 189 (1920)

    The 16th Amendment did not increase the federal government taxing power to new subjects.

    Afterwards, and evidently in recognition of the limitation upon the taxing power of Congress thus determined, the Sixteenth Amendment was adopted, in words lucidly expressing the object to be accomplished:

    'The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.' As repeatedly held, this did not extend the taxing power to new subjects, but merely removed the necessity which otherwise might exist for an apportionment among the states of taxes laid on income. Brushaber v. Union Pacific R. R. Co., 240 U.S. 1

    The Supreme Court said the Legislature could not change the Constitution

    Congress cannot by any definition it may adopt conclude the matter, since it cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.

    Title 26 of the US Code does not define income. As such, the US Supreme Court defined income.

    The government, although basing its argument upon the definition as quoted, placed chief emphasis upon the word 'gain,' which was extended to include a variety of meanings; while the significance of the next three words was either overlooked or misconceived. 'Derived-from- capital'; 'the gain-derived-from-capital,' etc. Here we have the essential matter: not a gain accruing to capital; not a growth or increment of value in the investment; but a gain, a profit, something of exchangeable value, proceeding from the property, severed from the capital, however invested or employed, and coming in, being 'derived'-that is, received or drawn by the recipient (the taxpayer) for his separate use, benefit and disposal- that is income derived from property. Nothing else answers the description.
  • DOYLE v. MITCHELL BROS. CO. , 247 U.S. 179 (1918)
    Yet it is plain, we think, that by the true intent and meaning of the act the entire proceeds of a mere conversion of capital assets were not to be treated as income. Whatever difficulty there may be about a precise and scientific definition of 'income,' it imports, as used here, something entirely distinct from principal or capital either as a subject of taxation or as a measure of the tax; conveying rather the idea of gain or increase arising from corporate activities.
  • SOUTHERN PAC CO. v. LOWE , 247 U.S. 330 (1918)
    We must reject in this case, as we have rejected in cases arising under the Corporation Excise Tax Act of 1909 (Doyle, Collector, v. Mitchell Brothers Co., 247 U.S. 179, 38 Sup. Ct. 467, 62 L. Ed. --, and Hays, Collector, v. Gauley Mountain Coal Co., 247 U.S. 189, 38 Sup. Ct. 470, 62 L. Ed. --, decided May 20, 1918), the broad content submitted in behalf of the government that all receipts- everything that comes in-are income within the proper definition of the term 'gross income,' and that the entire proceeds of a conversion of capital assets, in whatever form and under whatever circumstances accomplished, should be treated as gross income. Certainly the term 'income' has no broader meaning in the 1913 act than in that of 1909 (see Stratton's Independence v. Howbert, 231 U.S. 399, 416, 417 S., 34 Sup. Ct. 136), and for the present purpose we assume there is no difference in its meaning as used in the two acts.
  • MERCHANTS' LOAN & TRUST CO. v. SMIETANKA, 255 U.S. 509 (1921)

    It is obvious that these decisions in principle rule the case at bar if the word 'income' has the same meaning in the Income Tax Act of 1913 that it had in the Corporation Excise Tax Act of 1909, and that it has the same scope of meaning was in effect decided in Southern Pacific Co. v. Lowe, 247 U.S. 330, 335, 38 S. Sup. Ct. 540, where it was assumed for the purposes of decision that there was no difference in its meaning as used in the act of 1909 and in the Income Tax Act of 1913 (38 Stat. 114). There can be no doubt that the word must be given the same meaning and content in the Income Tax Acts of 1916 and 1917 that it had in the act of 1913. When to this we add that in Eisner v. Macomber, supra, a case arising under the same Income Tax Act of 1916 which is here involved, the definition of 'income' which was applied was adopted from Stratton's Independence v. Howbert, supra, arising under the Corporation Excise Tax Act of 1909, with the addition that it should include 'profit gained through sale or conversion of capital assets,' there would seem to be no room to doubt that the word must be given the same meaning in all of the Income Tax Acts of Congress that was given to it in the Corporation Excise Tax Act, and that what that meaning is has now become definitely settled by decisions of this Court.

    In determining the definition of the word 'income' thus arrived at, this Court has consistently refused to enter into the refinements of lexicographers or economists, and has approved, in the definitions quoted, what it believed to be the commonly understood meaning of the term which must have been in the minds of the people when they adopted the Sixteenth Amendment to the Constitution. Doyle v. Mitchell Brothers Co., 247 U.S. 179, 185, 38 S. Sup. Ct. 467; Eisner v. Macomber, 252 U.S. 189, 206, 207 S., 40 Sup. Ct. 189, 9 A. L. R. 1570. (See Above) Notwithstanding the full argument heard in this case and in the series of cases now under consideration, we continue entirely satisfied with that definition, and, since the fund here taxed was the amount realized from the sale of the stock in 1917, less the capital investment as determined by the trustee as of March 1, 1913, it is palpable that it was a 'gain or profit' 'produced by' or 'derived from' that investment, and that it 'proceeded' and was 'severed' or rendered severable from it by the sale for cash, and thereby became that 'realized gain' which has been repeatedly declared to be taxable income within the meaning of the constitutional amendment and the acts of Congress. Doyle v. Mitchell Brothers Co. and Eisner v. Macomber, supra.

    It is elaborately argued in this case, in No. 609, Eldorado Coal & Mining Co. v. Harry W. Mager, Collector, etc., submitted with it, and in other cases since argued, that the word 'income' as used in the Sixteenth Amendment and in the Income Tax Act we are considering does not include the gain from capital realized by a single isolated sale of property, but that only the profits realized from sales by one engaged in buying and selling as a business-a merchant, a real estate agent, or broker- constitute income which may be taxed.

Conclusion

It can be very easily ascertained that the meaning of income did not change after the passage of the 16th amendment. The meaning was decided by the Supreme Court to be the same even after the federal government had passed three separate acts in 1913 (the addition of the 16th Amendment,) 1916 and 1917. Even though the government repeatedly attempted to expand the scope of the word 'income', the Supreme Court repeatedly ruled its meaning was the same.

It is also obvious by the last paragraph in bold in the last case above, that selling one's house for more money than for which it was purchase cannot be construed as gain on capital or capital gains. Even for those who fall under the jurisdiction of the federal government who also sell a house at a later date than it was purchased, do not have to pay a capital gains tax on said house. Just to repeat the specific decision above.

the word 'income' as used in the Sixteenth Amendment and in the Income Tax Act we are considering does not include the gain from capital realized by a single isolated sale of property,

Only when you know the truth and act on the truth will you be free of enslavement. Knowing is nothing without action.

Capitalist Eric  posted on  2010-09-27   14:27:24 ET  Reply   Untrace   Trace   Private Reply  


#88. To: Capitalist Eric (#84)

You cited the Internal Revenue Code.

I cited the Internal Revenue Code as it exists in US Code.

M. Randolph Hamilton

Who the fuck is he? A blogger?

The term income is defined nowhere in Title 26 of the US Code, which is the law that relates to the "income" tax.

Even your blogger agrees that I cited US Code.

a tax on property would be a direct, unapportioned tax that the US Constitution does not allow

The 16th amendment removed the apportionment requirement for direct taxes.

None of the cases that you cited were wage cases.

war  posted on  2010-09-27   14:53:14 ET  Reply   Untrace   Trace   Private Reply  


#94. To: war (#88)

The 16th amendment removed the apportionment requirement for direct taxes.

Amendments only become part of the constitution of 2/3 of states, 2/3 of senate and 2/3 of house vote for it.

Can you give me a list of the Senators and congressmen who voted for it? I don't think 2/3 voted for it.

Also could you tell me which states ratified it. I don't think 2/3 did that either.

A K A Stone  posted on  2010-09-27   15:34:09 ET  Reply   Untrace   Trace   Private Reply  


#104. To: A K A Stone (#94)

Also could you tell me which states ratified it. I don't think 2/3 did that either.

According to the United States Government Printing Office, the following states ratified the amendment:

1. Alabama (August 10, 1909)
2. Kentucky (February 8, 1910)
3. South Carolina (February 19, 1910)
4. Illinois (March 1, 1910)
5. Mississippi (March 7, 1910)
6. Oklahoma (March 10, 1910)
7. Maryland (April 8, 1910)
8. Georgia (August 3, 1910)
9. Texas (August 16, 1910)
10. Ohio (January 19, 1911)
11. Idaho (January 20, 1911)
12. Oregon (January 23, 1911)
13. Washington (January 26, 1911)
14. Montana (January 27, 1911)
15. Indiana (January 30, 1911)
16. California (January 31, 1911)
17. Nevada (January 31, 1911)
18. South Dakota (February 1, 1911)
19. Nebraska (February 9, 1911)
20. North Carolina (February 11, 1911)
21. Colorado (February 15, 1911)
22. North Dakota (February 17, 1911)
23. Michigan (February 23, 1911)
24. Iowa (February 24, 1911)
25. Kansas (March 2, 1911)
26. Missouri (March 16, 1911)
27. Maine (March 31, 1911)
28. Tennessee (April 7, 1911)
29. Arkansas (April 22, 1911), after having previously rejected the amendment
30. Wisconsin (May 16, 1911)
31. New York (July 12, 1911)
32. Arizona (April 3, 1912)
33. Minnesota (June 11, 1912)
34. Louisiana (June 28, 1912)
35. West Virginia (January 31, 1913)
36. Delaware (February 3, 1913)

Ratification (by the requisite 36 states) was completed on February 3, 1913 with the ratification by Delaware. The amendment was subsequently ratified by the following states, bringing the total number of ratifying states to forty-two of the forty-eight then existing:

37. New Mexico (February 3, 1913)
38. Wyoming (February 3, 1913)
39. New Jersey (February 4, 1913)
40. Vermont (February 19, 1913)
41. Massachusetts (March 4, 1913)
42. New Hampshire (March 7, 1913), after rejecting the amendment on March 2, 1911

The legislatures of the following states rejected the amendment without ever subsequently ratifying it:

Connecticut
Rhode Island
Utah

The legislatures of the following states never considered the proposed amendment:

Florida
Pennsylvania
Virginia

Skip Intro  posted on  2010-09-27   15:47:46 ET  Reply   Untrace   Trace   Private Reply  


#116. To: Skip Intro (#104)

Your list isn't accurate and doesn't take into account many things.

It doesn't take on ex post facto law. Do you support ex post facto law?

It doesn't take into account that a natural born citizen has to be president.

A K A Stone  posted on  2010-09-27   17:53:04 ET  Reply   Untrace   Trace   Private Reply  


#125. To: A K A Stone (#116) (Edited)

Your list isn't accurate and doesn't take into account many things.

Feel free to buck up your own list.

A constitutional amendment is exactly that...a change to the constitution via amendment. That is not an ex post facto law. And that said, an ex post facto law is one that institutes a present penalty for a past behavior...i.e. you drove drunk in 1988 when it was a summary offense...in 2010 it's a Class D felony and is applied retroactively to you.

war  posted on  2010-09-27   18:27:08 ET  Reply   Untrace   Trace   Private Reply  


#128. To: war (#125)

I know what ex post facto law is.

Answer me this. And this is just one of many attacks on this so called law.

When did Ohio become a state?

A K A Stone  posted on  2010-09-27   19:07:54 ET  Reply   Untrace   Trace   Private Reply  


#130. To: A K A Stone (#128)

"When did Ohio become a state?"

You celebrate statehood on March 1st because that's when the Ohio General Assembly met the first time in 1803. In actuality, The United States Senate and the House of Representatives each approved the Ohio Constitution of 1803 prohibited slavery, and on February 19, 1803 Ohio became a state. That was the day Democratic-Republican Party leader Thomas Worthington presented it in Washington, D.C.

Ferret Mike  posted on  2010-09-27   19:36:40 ET  Reply   Untrace   Trace   Private Reply  


#131. To: Ferret Mike (#130)

Then why did congressman George Bender in 1953 propose and pass a bill to make Ohio a state? And why did Eisenhower sign the ex post facto bill on Aug 7, 1953?

A K A Stone  posted on  2010-09-27   19:46:19 ET  Reply   Untrace   Trace   Private Reply  


#137. To: A K A Stone (#131)

And why did Eisenhower sign the ex post facto bill on Aug 7, 1953?

That's not an ex post facto law.

war  posted on  2010-09-27   21:41:26 ET  Reply   Untrace   Trace   Private Reply  


#139. To: war (#137)

That's not an ex post facto law.

Ohio voted for the income tax dimwit. It what 1913. They weren't a lawful state until 1953.

A K A Stone  posted on  2010-09-27   22:20:39 ET  Reply   Untrace   Trace   Private Reply  


#146. To: A K A Stone (#139)

A) The date of statehood is 1803.

B) While you may understand what ex post facto means, you seem to lack an understanding of an ex post facto law is.

war  posted on  2010-09-28   7:51:45 ET  Reply   Untrace   Trace   Private Reply  


#149. To: war (#146)

They never voted to make Ohio a state in 1803. That is why they voted in 1953 to make Ohio a state. Then they claimed to make it retroactive to 1803. You're wrong buddy.

A K A Stone  posted on  2010-09-28   8:01:07 ET  Reply   Untrace   Trace   Private Reply  


#153. To: A K A Stone (#149)

They never voted to make Ohio a state in 1803.

You've been the recipient of bad information.

There was a "problem" with how the ratfication was recorded by the US Congress. It was kind of like the do over that Roberts and Obama did.

Regardless. it's still not ex post facto.

An ex post facto LAW, sanctions PAST CRIMINAL behavior in a CURRENT law. It's the counter point to forfeiture of blood.

war  posted on  2010-09-28   10:15:15 ET  Reply   Untrace   Trace   Private Reply  


#155. To: war (#153)

There was a "problem" with how the ratfication was recorded by the US Congress

Problem was they voted on what the boundaries would be. But they didn't vote to make Ohio a state. Ohio became a state in 1953 or they wouldn't have voted in 1953 to make Ohio a state.

A K A Stone  posted on  2010-09-28   11:08:23 ET  Reply   Untrace   Trace   Private Reply  


#166. To: A K A Stone (#155) (Edited)

Actually, they did.

Here's the best explanation that I can find...

war  posted on  2010-09-28   22:51:21 ET  Reply   Untrace   Trace   Private Reply  


#169. To: war (#166)

Here's the best explanation that I can find...

In other words it is the propaganda explain it away article. Ohio wasn't lawfully admitted in 1803. Deal with it.

(the case with Kentucky, where a State was being created out of the territory of an already existing State [Virginia] that had already agreed to the separation).

It is unconstitutional to make a state out of another state.

A K A Stone  posted on  2010-09-29   7:47:28 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 169.

#171. To: A K A Stone (#169)

You really are the clown on the dunk tank, aren't you?

Had you bothered to read what i linked you to, you' have realized that theae changed between Ohio's admission and Kentucky's.

But feel free to cite a source for a change. I simply laugh when you emit from your pool of general knowledge.

war  posted on  2010-09-29 15:21:16 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 169.

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