and the
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“Every Tax is a Pay Cut ... A Tax Cut is a Pay Raise”

44 years as “The Voice of Massachusetts Taxpayers”
and their Institutional Memory

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CLT UPDATE
Sunday, September 16, 2018

The past, present, and future


Sufficient economic growth in 2018 under the terms of a 2002 law may result in a tax cut for millions of Bay State taxpayers in 2019. The cut would come from a reduction in the income tax rate and long-term capital gains tax from 5.1 percent to 5.05 percent effective January 1, 2019.

These tax cuts do not need the approval of the Legislature. They are part of a system devised by the Legislature when it approved a $1 billion-plus tax hike package in 2002. The package set the long-term capital gains tax at 5.3 percent and froze the income tax rate at 5.3 percent instead of allowing it to drop to 5 percent in January 2003 — a reduction that was approved by voters in 2000. The 2002 law also includes an automatic trigger that reduces both taxes by one-half of 1 percent each year if certain goals are met, including if revenue from the prior fiscal year grew at least 2.5 percent faster than the rate of inflation.

“Next year will mark 30 years — three decades — since the state income tax rate was ‘temporarily’ hiked from its historic 5 to 5.75 percent, only ‘for 18 months’ we were promised back then,” said Chip Ford, Executive Director of Citizens for Limited Taxation (CLT). “We've been fighting to roll it back ever since. Despite windfall revenues and profligate spending there was never ‘enough revenue’ to keep the promise."

“CLT pursued two ballot question petition drives to help the Legislature keep its promise, in 2000 winning the ballot vote with 59 percent,” Ford added. “Two years later the Legislature arrogantly froze it, ignoring the voters and replacing their mandate with ‘triggers.’ [Former CLT Executive Director] Barbara Anderson died before ever seeing the “temporary” income tax hike return to 5 percent. Three decades later, with revenue again pouring in, it's still not complete. Maybe it’ll finally return to 5 percent before more of us are dead and gone?”

Beacon Hill Roll Call
Friday, September 14, 2018
Automatic Income Tax and Long-Term Capital Gains Cut Likely on January 1
By Bob Katzen


Here’s Citizens for Limited Taxation Executive Director Chip Ford on last Tuesday’s primary results: “The only noticeable change is that Massachusetts became a bit more liberal” and in November taxpayers will have a choice between “Democrat Lite” (Charlie Baker) and “Democrat Left” (Jay Gonzalez). By the way, Ford, a longtime Marblehead resident, says he’s moving to Kentucky soon.

The Salem News
Friday, September 14, 2018
Weekly Column
By Nelson Benton, editor emeritus


Jay Gonzalez has been promising $60 billion in new government spending without giving voters a single detail on which taxes he would raise to finance his plan for nearly two years, but yesterday, Gonzalez flipped and promised specifics on his tax hike plan. This comes after months of claiming he couldn't possibly know which taxes to raise until he "takes office." So in an effort to remind voters just how long Gonzalez has been promising to raise taxes without saying which ones, the MassGOP today launched the "Gonzalez Tax Clock" chronicling just how long Jay has been deceiving voters....

"First Jay Gonzalez says he can't possibly know which taxes to raise and that voters will just have to vote him in and find out," said MassGOP Chairman Kirsten Hughes. "Now he is claiming he can come up with a plan to budget his $60 billion in new spending to finance his promised government takeover of every Massachusetts' citizens' health coverage. It's clear Gonzalez will say anything anyone wants to hear to advance his interests."

MassGOP News Release
Thursday, September 13, 2018
MassGOP Launches "Gonzalez Tax Clock"
After Promise That $60 Billion Tax Plan Is Forthcoming


Rick Green had a good week. The internet entrepreneur and founder of the Massachusetts Fiscal Alliance walked into the Republican nomination for the Merrimack Valley’s seat in Congress on Tuesday night, while a vast field of Democrats spent money and attention sorting out who would face him. That has set up what’s sure to be an interesting race this fall between Green and either Lori Trahan or Dan Koh, pending a recount in the Democratic primary.

The news, however, wasn’t all good for Green. On Thursday, the Supreme Judicial Court rejected his appeal in a case where his lawyers had argued that businesses should be allowed to donate directly to state political campaigns, just as labor unions can.

The court’s 36-page majority opinion rationalized the current system as consistent with state law and even U.S. Supreme Court’s precedent in Citizens United and a nearly 20-year-old case, Federal Election Commission v. Beaumont, that upheld a ban on business donations to federal campaigns, which still exists.

The Massachusetts system allows unions to give up to $15,000 to a state candidate per election cycle, while individuals are limited to contributions of up to $1,000 per calendar year. Corporations are prohibited from giving at all.

The court’s ruling was disappointing not just for Green but for the rest of us affected by a Statehouse locked up by one-party rule. In holding that rules can be different for some entities, specifically labor unions, the state’s high court protected a key constituency and source of cash for the Democratic majority on Beacon Hill....

Among the purposes for blocking business donors, [Chief Justice Ralph Gants] noted, is to guard against the appearance of corruption that might come with politicians taking dollars directly from commercial interests. That’s not to say lawmakers acted unfairly, he wrote, by allowing unions to give money more freely.

“Without citing any legislative history, the plaintiffs appear to claim that the true legislative purpose … was to favor labor unions at the expense of corporations. But there is no evidence to support this claim,” Gants wrote.

But if direct donations from businesses come with the appearance of corruption, so do union contributions. Labor money has the same kinds of strings attached, be it an understanding that calls get returned, or that votes on certain bills go the right way, or that lawmakers support pet projects and interests. If those things don’t happen, the money dries up.

And the Legislature’s bias toward unions, in a state with far more Democratic officials than Republican ones, goes without saying. There are just 34 Republicans in the 160-member state House of Representatives, compared to 117 Democrats. In the state Senate, there aren’t enough Republicans (only seven) to field a baseball team. To suggest that the Legislature doesn’t favor labor is to discount entirely the way politics work in the state.

Why in the world would the Legislature want to reform that? ...

And, unfortunately the chances of this inequity being fixed are dim if you’re waiting on Beacon Hill to do anything about it.

The Goldwater Institute, which brought the lawsuit and has pursued it on behalf of the two businesses, including Green’s, is said to be weighing an appeal to the U.S. Supreme Court. At this point, that appears to be the only way the field will be leveled.

A Salem News editorial
Monday, September 10, 2018
High court protects unfair campaign finance law


Chip Ford's CLT Commentary

It appears that the income tax rate will be reduced by 0.05 percent next year if the Beacon Hill pols don't find another way to stall or prevent it when the newly re-elected Legislature returns from its long vacation in January.  Remember, the first thing treacherous legislators did when they returned from their last extended re-election campaign season vacation in January 2017 was to steamroll through an obscene $18 million pay grab for themselves in stunningly record-breaking speed.

Of the miniscule income tax rollback, House Revenue Committee chairman Jay Kaufman (D-Lexington) lamented:

“Massachusetts stands to lose over $80 million in this fiscal year alone, and over $160 million in the next fiscal year from this impending .05% rate reduction. These losses will compound, year after year, just as the previous rate reductions have. This reduction in the income tax rate is required by a 16-year-old law that did not anticipate the economic realities of today."

If Massachusetts "stands to lose over $80 million" next year from a 0.05% income tax rate reduction, "$160 million in the next fiscal year," how many multi-billions of their dollars have taxpayers been fleeced by the Legislature's broken promise (lie) that the 1989 tax hike would be "temporary," for "only 18-months"?  That is the "economic reality of today," Mister Chairman!

Remember, in 1989 when the tax was "temporarily" hiked it was to cover a fiscal year 1990 state budget of $12 billion.

In 2008 – just ten years ago – Gov. Patrick signed a budget for $28 billion.

This fiscal year's budget approved in July was for $42 billion.  That's a $30 billion increase in spending $30 billion more extracted from us taxpayers this year alone than when the "fiscal crisis" of 1989 led to the "temporary, 18-month" tax hike that still hasn't gone away.  That's an average billion dollars spending increase every year since the "temporary" income tax hike was imposed!

And last fiscal year left the state with a surplus of over a billion dollars.

Still, The Takers again assert the decades-long mantra that "the state cannot afford" to keep the three-decades old broken promise cannot afford even a 0.05 percent reduction, cannot find $80 million in a bloated $42 billion budget!


On The Future (if any) of CLT

The response to our final mailing, announcing the shutting down of Citizens for Limited Taxation, was surprising one of the best in a very long time.  Thank you to those who demonstrated your appreciation for all CLT has done for so many millions of Massachusetts taxpayers over its 44 years as their advocate.

The return envelopes also contained an amazing number of personal thank-you notes, comments, suggestions, and requests.  Reading each was heartening, uplifting, and depressing all at the same time.  I feel badly for abandoning so many great and generous, longstanding and loyal CLT members to the rapacious, insatiable state government especially when I read comments like those of Rep. Kaufman, above.  But with the number of supporting members in decline, CLT's options had been steadily diminishing, were dwindling quickly.  I held the organization together until continuing on like that was just no longer possible.

I continue to hear regularly from dejected members trying to come up with ideas to perpetuate CLT.  The most prevalent concern is that, without CLT and these Updates, they're not going to even know what's being done to them on Beacon Hill and can't oppose what they don't know is happening.  Some sought a recommendation for an alternative organization, but I know of none that do what CLT does, at least not as persistently and effectively.  It reached a point where, after serious consideration, I wrote a response that I'm now using as a sort of response template for what may be possible for a CLT future:

Many dozens of CLT members and supporters have responded to the recent “final” mailing (announcing that CLT is shutting down), pointing out that what I do for taxpayers from my office in Marblehead can be done just as effectively from anywhere I have access to a computer and a phone.

They insist that we can keep CLT operating from wherever I’m located.  I know this is true as, in the past I’ve even sent out statewide news releases on a laptop from my small sailboat while on vacation off the coast of Maine, when Barbara was alive and I used to have the luxury of taking some time off.

With today’s technology all this is true in fact I discovered, exposed, organized against and orchestrated the recent successful defeat of the “neighborhood tax” (Community Benefit Districts) all while anchored to my office desk around the clock.  CLT isn’t me:  CLT is its members who collectively respond to my alerts and directions.  I am merely the taxpayer orchestra’s composer and conductor CLT members are the musicians!

In theory CLT can continue from anywhere, if that’s what I want to do when I get there, and if enough members want it to happen.

As for "merging CLT with another organization," we have promised our members since the beginning 44 years ago that CLT will NEVER give up or give out ANY of our member’s information for ANY REASON so merging with another organization or selling or passing on CLT's membership information is and never has been an option and it won’t happen.

I still feel badly for abandoning loyal supporters like you and the others who’ve stood by CLT this long with their support.  If there were more like you and them I wouldn’t have had to face shutting down CLT, been forced to look for options, wouldn’t have considered moving out of state.  The deteriorating situation left no alternative.

When I’m settled into my new Kentucky home and have my computer and phone systems again up and running I will consider if keeping CLT going at least for a while longer and even if in a more limited role is something that could work with the declining support and resources we’ve experienced.  Having by then significantly reduced my own living costs, maybe it could be viable if I want to keep doing it.  When 2019 arrives, in January I’ll consider mailing out a poll to all current and recently-lapsed members, see how many want CLT to continue, or still don’t care if it doesn’t.

Stay tuned.  A future with Citizens for Limited Taxation might become possible.  If it can happen, as always it'll be up to you and all our other members, current and lapsed.

I've sold my house, am still in the process of excavating two-plus decades' worth of CLT accumulation from the offices and storage room upstairs in my house into a dumpster out front a Herculean task similar to his cleaning out the Augean Stables.  I do a lot of it every day.  Next will come packing up what's coming with me, and then the big move right after the election.  (Due to the recent generous farewell contributions it appears that CLT can continue on to the election on November 6; this year two days after my birthday, not falling on it as in so many past years).  Thanks to the response, the CLT website is paid through the next five years, will remain online until 2023.  At least the taxpayers' online "institutional memory" will remain available as a resource.

That's it for now.  My brother is here to help me lug some heavy, large filing cabinets from the offices upstairs down to the dumpster, gotta run.

Chip Ford
Executive Director


 
Beacon Hill Roll Call
Friday, September 14, 2018

Automatic Income Tax and Long-Term Capital Gains Cut Likely on January 1
By Bob Katzen


Sufficient economic growth in 2018 under the terms of a 2002 law may result in a tax cut for millions of Bay State taxpayers in 2019. The cut would come from a reduction in the income tax rate and long-term capital gains tax from 5.1 percent to 5.05 percent effective January 1, 2019.

These tax cuts do not need the approval of the Legislature. They are part of a system devised by the Legislature when it approved a $1 billion-plus tax hike package in 2002. The package set the long-term capital gains tax at 5.3 percent and froze the income tax rate at 5.3 percent instead of allowing it to drop to 5 percent in January 2003 — a reduction that was approved by voters in 2000. The 2002 law also includes an automatic trigger that reduces both taxes by one-half of 1 percent each year if certain goals are met, including if revenue from the prior fiscal year grew at least 2.5 percent faster than the rate of inflation.

“Next year will mark 30 years — three decades — since the state income tax rate was ‘temporarily’ hiked from its historic 5 to 5.75 percent, only ‘for 18 months’ we were promised back then,” said Chip Ford, Executive Director of Citizens for Limited Taxation (CLT). “We've been fighting to roll it back ever since. Despite windfall revenues and profligate spending there was never ‘enough revenue’ to keep the promise."

“CLT pursued two ballot question petition drives to help the Legislature keep its promise, in 2000 winning the ballot vote with 59 percent,” Ford added. “Two years later the Legislature arrogantly froze it, ignoring the voters and replacing their mandate with ‘triggers.’ [Former CLT Executive Director] Barbara Anderson died before ever seeing the “temporary” income tax hike return to 5 percent. Three decades later, with revenue again pouring in, it's still not complete. Maybe it’ll finally return to 5 percent before more of us are dead and gone?”

“Massachusetts stands to lose over $80 million in this fiscal year alone, and over $160 million in the next fiscal year from this impending .05% rate reduction,” said Revenue Committee chair Jay Kaufman (D-Lexington). “These losses will compound, year after year, just as the previous rate reductions have. This reduction in the income tax rate is required by a 16-year-old law that did not anticipate the economic realities of today. The infrastructure needs and demands of the commonwealth have only increased since its passage and we have habitually underfunded critical services—transportation and education [are] high on the list.”

Kaufman continued, “Reducing the amount of revenue coming into the state is unwise particularly at this time as we anticipate further cuts in federal funding due to the recent federal tax reform. Reduced state revenue and federal aid will disproportionately hurt middle and low-income people while the state and federal cuts will disproportionately benefit the wealthy. That’s not good tax policy. I hope my colleagues take up this fight in earnest in this coming session.”
 

MassGOP News Release
Thursday, September 13, 2018

FOR IMMEDIATE RELEASE
MassGOP Launches "Gonzalez Tax Clock"
After Promise That $60 Billion Tax Plan Is Forthcoming


BOSTON -- Jay Gonzalez has been promising $60 billion in new government spending without giving voters a single detail on which taxes he would raise to finance his plan for nearly two years, but yesterday, Gonzalez flipped and promised specifics on his tax hike plan. This comes after months of claiming he couldn't possibly know which taxes to raise until he "takes office." So in an effort to remind voters just how long Gonzalez has been promising to raise taxes without saying which ones, the MassGOP today launched the "Gonzalez Tax Clock" chronicling just how long Jay has been deceiving voters.

The "Gonzalez Tax Clock," hosted at HowWillJayPay.com ticks forward from the moment Gonzalez promised voters he'd reveal his secret tax plan. The clock also counts forward from the end of January 2017, when Gonzalez launched his campaign with the first promises of his $60 billion agenda.

"First Jay Gonzalez says he can't possibly know which taxes to raise and that voters will just have to vote him in and find out," said MassGOP Chairman Kirsten Hughes. "Now he is claiming he can come up with a plan to budget his $60 billion in new spending to finance his promised government takeover of every Massachusetts' citizens' health coverage. It's clear Gonzalez will say anything anyone wants to hear to advance his interests."

CLICK HERE TO SEE THE GONZALEZ TAX CLOCK: HowWillJayPay.com

Background:

Gonzalez Has Recklessly Proposed As Much As $60 Billion In New Spending

Single Payer Health Care: $35 Billion (Promise | Cost*)
Universal Pre-K: $1.48 Billion (Promise | Cost)
North-South Rail Link: $12 – 21 Billion (Promise | Cost)
East-West Rail: $554 – $660 Million (Promise | Cost)
South Coast Rail (Electrified): $3.4 Billion (Promise | Cost)
Extended Blue Line: $737 Million – $1 Billion (Promise | Cost)

Gonzalez Has Repeatedly Refused To Answer Questions About How He’ll Pay For His Spending

Gonzalez In An Interview With WGBH’s Jim Braude: BRAUDE: “Assuming you are the candidate, you are going to say to the voters, ‘I am going to raise your taxes progressively but I am not going to tell you how I am going to raise them and how much until I am elected and I go to the Revenue Commissioner and he or she will let me know?’

GONZALEZ: “So I am telling voters that I hear them when they tell me that they are done with our transportation system that doesn’t work for them.

BRAUDE: “Yeah but what’s the answer to my question?

GONZALEZ: “I am going to propose a way, to ask those who are doing well-

BRAUDE: “But not before election day?

GONZALEZ: “You can't have a detailed proposal for how to do this where you understand what the consequences of it are in terms of revenue and impacts on which people are impacted without the Department of Revenue doing that. So what I’m saying that they will know based on my campaign, I will come up with a proposal to raise additional revenue from those who are doing well in the state who by the way, pay the lowest percent of their income tax here in Massachusetts.

BRAUDE: “But not the specific plan until you’re Governor?”

GONZALEZ: “Yep.” (Jay Gonzalez Wants A Progressive Alternative To Millionaires Tax, But Can't Specify Details Until He's Elected,” WGBH, 7/11/18)

Gonzalez In An Interview With Herald Radio: "I don't have a specific detailed proposal at this point and it's going to take working with the Department of Revenue as governor very quickly to come up with a thoughtful proposal." (Source)

Gonzalez At The WGBH Debate: “But asked specifically how he would do that, Gonzalez said only that he would ask the Department of Revenue to give him options, and he would look at unspecified corporate tax breaks.” (Shira Schoenberg, “Policy differences emerge between gubernatorial candidates Bob Massie, Jay Gonzalez on rent control, congestion pricing,” Springfield Republican, 8/16/18)

Democrat Bob Massie On Gonzalez’s Lack Of Plans: “This Is a Huge Cloud Of Vagueness” (Democratic Gubernatorial Debate, WGBH, 8/16/18)

*Single Payer Healthcare: Based on formula produced by Beacon Hill Institute (“Proposals for Universal Health Care in Massachusetts: Do They Exceed the Recommended Dosage?” Beacon Hill Institute, 11/2/2000)

Total Health Care Expenditures in Massachusetts (2014): $71.27B (“Health Care Expenditures by State of Residence (in millions),” Kaiser Family Foundation)

Portion Of Total Expenditures From Private Insurance And Out Of Pocket Costs: $43.263B (60.7% of $71.27B) (“Total Health Services - Percent of persons with an expense, mean expense per person with an expense, and distribution of expenses, by source of payment, United States, 2010,” Agency for Healthcare Research and Quality)

LESS: Assumed Cost Savings: $7.275B (adjusting BHI cost savings for CPI inflation)

Total Single Payer Cost: $35.96B

###
 


The Salem News
Monday, September 10, 2018

A Salem News editorial
High court protects unfair campaign finance law


Rick Green had a good week. The internet entrepreneur and founder of the Massachusetts Fiscal Alliance walked into the Republican nomination for the Merrimack Valley’s seat in Congress on Tuesday night, while a vast field of Democrats spent money and attention sorting out who would face him. That has set up what’s sure to be an interesting race this fall between Green and either Lori Trahan or Dan Koh, pending a recount in the Democratic primary.

The news, however, wasn’t all good for Green. On Thursday, the Supreme Judicial Court rejected his appeal in a case where his lawyers had argued that businesses should be allowed to donate directly to state political campaigns, just as labor unions can.

The court’s 36-page majority opinion rationalized the current system as consistent with state law and even U.S. Supreme Court’s precedent in Citizens United and a nearly 20-year-old case, Federal Election Commission v. Beaumont, that upheld a ban on business donations to federal campaigns, which still exists.

The Massachusetts system allows unions to give up to $15,000 to a state candidate per election cycle, while individuals are limited to contributions of up to $1,000 per calendar year. Corporations are prohibited from giving at all.

The court’s ruling was disappointing not just for Green but for the rest of us affected by a Statehouse locked up by one-party rule. In holding that rules can be different for some entities, specifically labor unions, the state’s high court protected a key constituency and source of cash for the Democratic majority on Beacon Hill.

To be sure, Green’s business, 1A Auto Inc., and his co-plaintiff, 126 Self Storage Inc., weren’t so much asking for a limit on union contributions as allowing ones from corporations too. But the essence of their argument was that the two-class system is unfair. The court, in the opinion written by Chief Justice Ralph Gants, rejected their reasoning.

Among the purposes for blocking business donors, Gants noted, is to guard against the appearance of corruption that might come with politicians taking dollars directly from commercial interests. That’s not to say lawmakers acted unfairly, he wrote, by allowing unions to give money more freely.

“Without citing any legislative history, the plaintiffs appear to claim that the true legislative purpose … was to favor labor unions at the expense of corporations. But there is no evidence to support this claim,” Gants wrote.

But if direct donations from businesses come with the appearance of corruption, so do union contributions. Labor money has the same kinds of strings attached, be it an understanding that calls get returned, or that votes on certain bills go the right way, or that lawmakers support pet projects and interests. If those things don’t happen, the money dries up.

And the Legislature’s bias toward unions, in a state with far more Democratic officials than Republican ones, goes without saying. There are just 34 Republicans in the 160-member state House of Representatives, compared to 117 Democrats. In the state Senate, there aren’t enough Republicans (only seven) to field a baseball team. To suggest that the Legislature doesn’t favor labor is to discount entirely the way politics work in the state.

Why in the world would the Legislature want to reform that?

Both unions and businesses certainly have plenty of chances to dump their money into politics. They can give to political action committees. They can lobby. And they can influence elections with spending that isn’t directly coordinated with candidates, which was the activity protected as free speech by the Supreme Court’s ruling in Citizens United.

All of those are different from direct campaign contributions, however. In that area, the state maintains a double standard.

Paul Craney, spokesman for the Mass. Fiscal Alliance, on Thursday called it the “country’s most unfair state campaign finance law.” He described the court’s ruling as a “major defeat for proponents of campaign finance reform.”

And, unfortunately the chances of this inequity being fixed are dim if you’re waiting on Beacon Hill to do anything about it.

The Goldwater Institute, which brought the lawsuit and has pursued it on behalf of the two businesses, including Green’s, is said to be weighing an appeal to the U.S. Supreme Court. At this point, that appears to be the only way the field will be leveled.

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


Citizens for Limited Taxation    PO Box 1147    Marblehead, MA 01945    (781) 990-1251

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