CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT UPDATE
Friday, October 7, 2005

"Don’t speak when you can nod,
don’t nod when you can wink"
and now, don’t vote when you can dodge


Even voters without a calculator can see the emperor of "not enough money to go around" is close to being stripped naked.

The state is setting records – bringing in nearly $2 billion in September, a 14.3 percent rise over last September despite, or should I say because of, a two-day sales tax holiday in August, which, no surprise, provided exactly the kind of stimulus that tax cuts tend to do.

"It's pretty clear, Massachusetts is back and firing on all cylinders," Romney said. "We can't keep walking around the building with long faces like things are terrible. They're not. The economy is back." ...

Contrast that clarity with the verbal runaround Travaglini gave reporters on the issue of tax cuts.

"We face a period of uncertainty financially and that I think it would be prudent on our part to wait to entertain what the governor suggests is in order presently," Travaglini said. "Before those variables take on a value, I'm not willing to make any determination on a tax rollback and it would be unwise to do so."

Huh?

The Boston Herald
Thursday, October 6, 2005
Dems reject tax cut at their own peril
By Virginia Buckingham


According to some Democrats on Beacon Hill – unfortunately the ones who control the purse strings – there will never be a good time to lower the state income tax rate.

For a few years, the recession and plummeting tax revenues were to blame.

The latest excuse? Rising energy costs, according to House Ways and Means Chairman Robert DeLeo (D-Winthrop), along with a "temperamental" economy.

Never mind that the state collected $1.94 billion in taxes in September – a 14 percent increase over September 2004 and the second-highest tax take ever, topped only by the $2 billion collected in April....

Five years have passed since voters demanded a rollback of the income tax from 5.95 to 5 percent. The rate dipped only as low as 5.3 percent and has been stuck there ever since.

The Romney administration estimates the state has $1.2 billion left over from fiscal 2005. There is $1.7 billion in reserves. And revenues are obviously way up. At some point, you'd think legislative leaders would actually be a little embarrassed by their continued refusal to accommodate the will of the voters....

Lawmakers will revisit the tax cut issue again today as they debate an economic stimulus bill, which includes tax breaks for corporations and cultural facilities. We don't have high hopes that it will get through, but if they really want to stimulate the economy, it should.

A Boston Herald editorial
Thursday, October 6, 2005
Give taxpayers a break


As for the taxpayers who still won't be getting an income tax cut, the reps told each other, don't sweat 'em. They're all too exhausted from working three jobs to figure out who picked their pockets this time....

The vote not to have a vote on the income tax cut was 132-20. If you guessed that there are 20 GOP House members, you win.

Not one Democrat crossed party lines to vote with the Republicans to overrule the decision by Speaker Sal "the Animal" DiMasi (D-The Golf Channel) not to allow a vote to attach a tax-cut amendment to some pork-filled jobs bill, so-called.

The only concession the leadership made was to come up with yet another new excuse for why they can't have a vote....

I asked Barbara Anderson of Citizens for Limited Taxation what she thought of my scheme. She had an even better idea.

"We could attach the tax cut to a legislative pay raise," she said. "That way, you know they'll pass it. All of them vote for a pay raise."

The Boston Herald
Friday, October 7, 2005
Hey, remember the state tax cut? They don't
By Howie Carr


Three years ago the Legislature made a mistake. Now it is preparing to bill 40,000 taxpayers for that mistake.

Repeat after me: You do not retroactively tax people for income they realized three years ago. And you especially do not tax people three years later for a mistake you made. But that is precisely where our Legislature is headed....

It is simply not in the DNA of most politicians to willingly give back money to taxpayers.

The governor, Mitt Romney, has pushed from the beginning to swallow hard and rebate the money. He is dead right on this. Surging tax revenues -- September was a record month, and the state's rainy day fund now stands near a record $1.7 billion -- have made his case all the more compelling.

Michael Widmer, president of the Massachusetts Taxpayers Foundation, opposes Romney's call for an income tax cut, but agrees with him on the capital gains issue: "There is broad agreement it is not appropriate to tax retroactively."

The Boston Globe
Friday, October 7, 2005
Give back the money
By Steve Bailey


Chip Ford's CLT Commentary

It snuck up on us early yesterday morning. House Republicans were about to introduce an amendment into the debate on an "economic stimulus package."

So off went CLT's  memo to the Legislature, "The economy of numbers":  Chip Faulkner blasted into Boston to carry it by hand to each member, followed up by e-mailed copies to every member of the Legislature -- House and Senate -- before the debate, and it then it went out to the media across the state too.

And what do you know, the amendment was "ruled by the chair" to be inadmissible -- just as it was in the Senate back in May -- on a 132-20 vote.

Out went CLT's next news release:  "House again dodges vote on Republicans’ income tax rollback amendment," in which we stated: "Append the Beacon Hill Rule: 'Don’t speak when you can nod, don’t nod when you can wink' – with, don’t vote when you can dodge."

Our news release concluded: "The income tax rollback will not go away. CLT and taxpayers will haunt them through October, we will haunt them on the November anniversary of the popular vote to rollback the rate, we will be at the November 15th hearing on CLT’s rollback bill. They can hide but they can’t run."

In Boston Globe columnist Steve Bailey's column, there's Michael Widmer of the so-called Massachusetts Taxpayers Foundation, again opposing a tax cut for all  -- but supporting tax relief for his Fat-Cat members.

That retroactive capital gains tax would also be unfair to a lot of taxpayers who are not Widmer's Fat-Cats, which is why CLT has passionately fought against this or any retroactive tax.

Remember when the media used to always describe MTF as "highly respected" instead of "business-backed"?  Progress, a step at a time.

Chip Ford


The Boston Herald
Thursday, October 6, 2005

Dems reject tax cut at their own peril
By Virginia Buckingham


How badly do Democrats want the corner office back? We'll know the answer today when Republicans offer the key to victory in the form of a vote to roll back the income tax to 5 percent as an amendment to an economic stimulus bill.

If the tax cut is rejected outright, House Speaker Sal DiMasi and Senate President Robert Travaglini will be signaling they like the balance of power just fine the way it is. After all, their power would be diminished within the party and the State House if a Democrat becomes governor in 2006. Plus they'll have to make some pretense of delivering on that Democratic governor's agenda, instead of doing whatever they darn please or, as often, simply the opposite of what Gov. Mitt Romney wants just for sport.

This is, however, a watershed moment for Democratic hopes to break the GOP's 16-year streak of gubernatorial wins. It's not that tax cuts are the only issue voters care about; it's that with the income tax rollback still suspended by Democrats on Beacon Hill, taxes will be all voters hear about during the coming election.

And if the 2006 election is fought on the ground of higher taxes, Democrats lose.

That's why Attorney General Tom Reilly ought to be publicly and privately demanding legislative leaders work the rank and file and get the income tax cut done. With that issue off the table, he can focus the debate on Democratic strengths like health care and education.

Even voters without a calculator can see the emperor of "not enough money to go around" is close to being stripped naked.

The state is setting records – bringing in nearly $2 billion in September, a 14.3 percent rise over last September despite, or should I say because of, a two-day sales tax holiday in August, which, no surprise, provided exactly the kind of stimulus that tax cuts tend to do.

"It's pretty clear, Massachusetts is back and firing on all cylinders," Romney said. "We can't keep walking around the building with long faces like things are terrible. They're not. The economy is back."

He'd be better off tying the income tax cut to efforts to improve Massachusetts' competitive position, missing the point that Democratic legislators need to have a better argument than "it's the taxpayers' money" to toss back at enraged advocacy groups. But his point that the state can afford it is well taken.

Contrast that clarity with the verbal runaround Travaglini gave reporters on the issue of tax cuts.

"We face a period of uncertainty financially and that I think it would be prudent on our part to wait to entertain what the governor suggests is in order presently," Travaglini said. "Before those variables take on a value, I'm not willing to make any determination on a tax rollback and it would be unwise to do so."

Huh?

The reluctance of Travaglini and DiMasi to hand Romney any big legislative win on which he can base a run for the White House is another dynamic batted about by the pundit class. I don't put much stock in it. Romney's conservative resume would be helped by having a good record on taxes for sure, but if Democratic lawmakers didn't care how the debate on same-sex marriage was going to impact the presumptive Democratic nominee from their own state, John Kerry, last year, they're not going to waste energy strategizing about the longshot candidacy of Mitt Romney.

But they ought to be strategizing about helping Tom Reilly. How serious they are about that will become much clearer today.

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The Boston Herald
Thursday, October 6, 2005

A Boston Herald editorial
Give taxpayers a break


According to some Democrats on Beacon Hill – unfortunately the ones who control the purse strings – there will never be a good time to lower the state income tax rate.

For a few years, the recession and plummeting tax revenues were to blame.

The latest excuse? Rising energy costs, according to House Ways and Means Chairman Robert DeLeo (D-Winthrop), along with a "temperamental" economy.

Never mind that the state collected $1.94 billion in taxes in September – a 14 percent increase over September 2004 and the second-highest tax take ever, topped only by the $2 billion collected in April.

(The September figure even reflects the two-day August sales tax holiday.)

Or the fact that it is precisely because they are going broke at the gas pump that taxpayers should be afforded the income tax break they approved at the polls in 2000.

"We can't keep walking around the building with long faces like things are terrible," Gov. Mitt Romney said. "They're not. The economy is back."

Not according to DeLeo and other legislative leaders, who still sport the hangdog look.

Five years have passed since voters demanded a rollback of the income tax from 5.95 to 5 percent. The rate dipped only as low as 5.3 percent and has been stuck there ever since.

The Romney administration estimates the state has $1.2 billion left over from fiscal 2005. There is $1.7 billion in reserves. And revenues are obviously way up. At some point, you'd think legislative leaders would actually be a little embarrassed by their continued refusal to accommodate the will of the voters.

The Senate offered some encouragement in July, by approving a plan to cut taxes once local aid reaches fiscal 2002 levels. But that measure has stalled in a conference committee and the latest gloom-and-doom talk among legislative leaders isn't promising.

Lawmakers will revisit the tax cut issue again today as they debate an economic stimulus bill, which includes tax breaks for corporations and cultural facilities. We don't have high hopes that it will get through, but if they really want to stimulate the economy, it should.

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The Boston Herald
Friday, October 7, 2005

Hey, remember the state tax cut? They don't
By Howie Carr


The Legislature made promises to two groups: the average taxpayer and the lobbyists for the racetrack owners.

Yesterday, the solons came through big time for one of the groups, and stiffed the other one. Would you care to guess who took it in the ear, and who's lapping it up with a spoon this morning?

You would be correct, sir. It was a big day for Joe Timilty, the lobbyist for Wonderland dog track. But hey, not only is Joe the father of a state senator (and also a governor's councilor), but he himself is an ex-state senator, not to mention an ex-con.

Jailbird Joe Timilty is Good People times four.

As for the taxpayers who still won't be getting an income tax cut, the reps told each other, don't sweat 'em. They're all too exhausted from working three jobs to figure out who picked their pockets this time.

Granted, Charlie Sarkis et al. are still several steps away from getting their 2,000 slot machines at each of the state's four tracks. And yes, the Legislature has been telling the taxpayers what they can do with their income-tax cuts ever since the Legislature first guaranteed to cut the rate back in 1989.

Still, there was a certain symmetry to what happened at the State House yesterday.

Slot machines, si!

Income-tax cuts, no!

Neither vote was even close, but again, no surprise. Slot machines won in the Senate, 26-9, and in the House, the poor Republicans couldn't even get a vote.

The vote not to have a vote on the income tax cut was 132-20. If you guessed that there are 20 GOP House members, you win.

Not one Democrat crossed party lines to vote with the Republicans to overrule the decision by Speaker Sal "the Animal" DiMasi (D-The Golf Channel) not to allow a vote to attach a tax-cut amendment to some pork-filled jobs bill, so-called.

The only concession the leadership made was to come up with yet another new excuse for why they can't have a vote.

Yesterday, the solons didn't say the state couldn't afford it. (Tax revenues are running way ahead of projections in the first three months of the fiscal year, $250 million above estimates for September alone.) They didn't say the reduction in the rate to 5 percent from 5.3 percent is "only" $150 a year for someone who makes $50,000. They didn't even claim the money was needed "for the children."

No, the excuse yesterday was, it's not "the right time."

Rep. Angelo Scaccia, D-State Ethics Commission, said, "We should not be taking up tax issues in a jobs bill."

"We had a great September," he said. "(But) one month does not make a year."

And if it's a good year, he'll say one good year does not make a good decade. And if it's a bad year, then let's just ... raise taxes.

Foolish Republicans, thinking Sal the Animal would go along with a tax cut for working people. If they'd wanted to get, say, the MetroWest delegation on board, the GOP should have attached the tax cut to something the chi-chi Democrats out there care about – say, a bill abolishing the Pledge of Allegiance.

That's the important stuff, that and gay "marriage."

I asked Barbara Anderson of Citizens for Limited Taxation what she thought of my scheme. She had an even better idea.

"We could attach the tax cut to a legislative pay raise," she said. "That way, you know they'll pass it. All of them vote for a pay raise."

Yes, but will Charlie Sarkis sign off on it? Somebody call Jailbird Joe Timilty. This is Massachusetts – racetracks uber Alles.

Howie Carr's radio show can be heard weekday afternoons on WRKO AM 680, WHYN AM 560, WGAN AM 560, WEIM AM 1280, WXTK 95.1 FM and WTPO 107.7 FM.

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The Boston Globe
Friday, October 7, 2005

Give back the money
By Steve Bailey, Globe Columnist


Three years ago the Legislature made a mistake. Now it is preparing to bill 40,000 taxpayers for that mistake.

Repeat after me: You do not retroactively tax people for income they realized three years ago. And you especially do not tax people three years later for a mistake you made. But that is precisely where our Legislature is headed.

The quandary the Legislature faces as a result of an expensive court ruling on capital gains taxes is entirely of its own making. The Legislature, desperate for revenue in 2002, tried to change the rules in the middle of the year, raising long-term capital gains taxes to 5.3 percent in place of a stepped system that taxed profits from zero to 5 percent, depending on how long an investor held the asset. The change was effective May 1, 2002.

Taxpayers sued and the Supreme Judicial Court agreed that the state could not change the rates in mid-year. The Legislature was left with two choices: Either make January 2002 the effective date for the new rates and collect as much as $205 million in unpaid taxes, or move the start date to January 2003 and refund $250 million already paid by 157,000 taxpayers.

It is simply not in the DNA of most politicians to willingly give back money to taxpayers.

The governor, Mitt Romney, has pushed from the beginning to swallow hard and rebate the money. He is dead right on this. Surging tax revenues -- September was a record month, and the state's rainy day fund now stands near a record $1.7 billion -- have made his case all the more compelling.

Michael Widmer, president of the Massachusetts Taxpayers Foundation, opposes Romney's call for an income tax cut, but agrees with him on the capital gains issue: "There is broad agreement it is not appropriate to tax retroactively."

The Democratic Legislature has been willing to do everything but the right thing. One compromise would have made the tax hike retroactive to January 2002, but grant an amnesty for the first four months of the year. The court rejected that plan, too. Plan B, now embedded in legislation in the House and the Senate, would try to ease the pain by exempting about 80,000 taxpayers who owe less than $100 in taxes. The plan would also waive any interest and penalties on unpaid taxes. Imagine: Our legislators are going to let you forgo penalties and interest on taxes you didn't know you owed!

The state Revenue Department says the average tax owed will be between $3,725 and $5,000. That $5,000 is just about what Mark Bernardin of Andover estimates he will owe. The apologists say the rich can afford to pay; Bernardin, like a lot of us, doesn't feel a bit rich.

Bernardin, a lawyer, has tightened his belt and has been a stay-at-home dad to two kids, ages 2 and 8, as he works on a book. His wife is a social worker; he shares a two-family house with his mother. He sold a pair of two-family homes he owned with his brother in the first half of 2002, and is fuming about the unexpected tax bill he will owe. "We didn't put it in the mattress," he says. "We spent it on other things."

"I have never heard anyone say the retroactive tax is fair. They are just saying they want the money," says Bernardin, 41, a lifelong Democrat. "That is no good way to run the government."

Returning $250 million in taxes will be no easy matter; tight times have been hard on state and local services. But this is not 2002, either. We can afford to do the right thing. Romney should make the Legislature override his veto, if need be.

Repeat after me: You do not retroactively tax people for income they realized three years ago. And you especially do not tax people three years later for a mistake you made.

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