Agreeing With Krauthammer in Principle, But Not on ‘Loopholes’
The Washington Post columnist, Fox News all-star and one-man public broadcasting liberal meme wrecking crew draws the important distinction in his Friday column between attempts by Republicans to raise federal tax collections compared to that on which Democrats insisted, but plays it a little too fast and loose with an important and heavily abused term (bolds are mine):
The Republican proposals raise revenue, despite lowering rates, by opening a gusher of new income for the Treasury in the form of loophole elimination. For example, the Toomey plan eliminates deductions by $300 billion more than the reduction in tax rates “cost.” Result: $300 billion in new revenue.
The Simpson-Bowles commission — appointed by President Obama and endorsed by Coburn — used the same formula. Its tax reform would lower tax rates at a “cost” of $1 trillion a year while eliminating loopholes that deprive the Treasury of $1.1 trillion a year. This would leave the Treasury with an excess — i.e., new tax revenue — of $100 billion a year, or $1 trillion over a decade.
Raising revenue through tax reform is better than simply raising rates, which Democrats insist upon with near religious fervor. It is more economically efficient because it eliminates credits, carve-outs and deductions that grossly misallocate capital. And it is more fair because it is the rich who can afford not only the sharp lawyers and accountants who exploit loopholes but the lobbyists who create them in the first place.
Yet the Democrats, who flatter themselves as the party of fairness, are instead obsessed with raising tax rates on the rich as a sign of civic virtue. This is perverse in three ways:
(1) Raising rates gratuitously slows economic growth, i.e., expansion of the economic pie for everyone, by penalizing work and by retaining inefficiency-inducing loopholes.
(2) We’re talking pennies on the dollar. Obama’s coveted repeal of the Bush tax cuts would yield the Treasury, at the very most, $80 billion a year — offsetting 2 cents on the dollar of government spending ($3.6 trillion). (and far less than 10% of projected future-year deficits — Ed.)
(3) Hiking tax rates ignores the real drivers of debt, which, as Obama himself has acknowledged, are entitlements.
Has the president ever publicly proposed a single significant structural change in any entitlement? After Simpson-Bowles reported? No. In his February budget? No. In his April 13 budget “framework”? No. During the debt-ceiling crisis? No. During or after the supercommittee deliberations? No.
Krauthammer is of course completely right that Obama’s and the Supercommittee’s non-compromising positions insisting that tax increases which would raise marginal income-tax rates makes a complete mockery of their claim to be the least bit interested in a bipartisan solution.
I’m not inclined to dig into what Senator Toomey wanted (partially because I’m not sure it’s even available, as the Supercommittee’s discussions were kept secret), but it’s important to remember that what many politicians describe as “loopholes” are really “legitimate out-of-pocket expenses.” A real loophole occurs when there is income which should be taxed but isn’t, or when there are deductions which don’t represent legitimate out-of-pocket expenses. If you deny deductions for legitimate out-of-pocket expenses as a sop to Washington types who insist on calling them “loopholes” when they’re not, that also leads to misallocations of capital.
Further, and perhaps more crucial, if the way of dealing with “loopholes” encompasses phasing out deductions for higher income earners while leaving lower income earners alone — a very common tax code trick — what you’ve really done is increase marginal tax rates. Here’s an easy illustration with a high-earning person with $1 million in taxable income:
- Under current law, on each $10,000 in additional taxable income, this person would pay $3,500.
- If you restructure a currently allowed deduction so that he or she loses $1 of that deduction for each $5 reported above that $1 million, an additional $10,000 earned would create $12,000 more in taxable income (the $10K itself plus $2,000 resulting from lost deductions).
- The result would be $4,200 in additional tax (35% x $12,000), or an effective marginal rate of 42% on the additional $10,000 earned.
So if Toomey had said, “Let’s close this ‘loophole’ while also lowering the top nominal rate to 33%,” that would help those who aren’t claiming the deduction involved. But it would leave the person just described with a marginal rate of 40% on the next $10,000 earned (33% x $12,000 = $4,000, which is 40% of $10,000). To the extent that lower rates encourage high earners to earn more taxable income, collections would probably hold steady or might increase. But the person illustrated might decide (especially after considering state and local marginal tax rates and the 2.9% Medicare tax which has no income ceiling) that the effort involved in earning the next $10,000 income just isn’t worth it, in which case the extra amount heading to the federal treasury would be zero.
Again, I don’t believe we’ll ever fully know the details of what the Republicans proposed — which is why Krauthammer in my opinion cannot be sure that his column’s description of their goal as “loophole elimination” is accurate.









