A Tax Expert Takes A Look At Romney's Tax Returns
Read the Article at HuffingtonPost
Ann Romney’s Olympic horse. Issue: Is Rafalca a business?I encourage you read the article in full. It is very accessible and informative. In closing, Sheppard observes:
Probably not. Before the Romneys can claim any passive loss deduction for Ann Romney’s share of Rafalca’s expenses, the LLC that owns the horse, Rob Rom Enterprises, has to be engaged in a trade or business. For that, it has to satisfy the hobby loss rule for horses, which has a rebuttable presumption of a business if there is a profit in two out of seven years (section 183(c)). Rob Rom has owned Rafalca for six years.
Rafalca’s rider said she would be bred when her show career was over. That may be a stretch, because the horse is 15 and has been in strenuous competition for 11 years. If she could produce a foal or two, it would have to be sold for $500,000 or more.
Moreover, the prize money in dressage competitions doesn’t come close to covering the roughly $120,000 per year for Rafalca’s upkeep and transportation from California to European competitions. So it is unlikely she would ever make a profit for her owners
It is often said that the rich get rich and stay rich by watching every penny. Romney certainly fits that description. He looks for every tax angle, to a degree that is unbecoming in someone who would be the executive in command of the administrative apparatus that enforces the tax law.And that is what is so bizarre about Romney on this issue and many others. He’s not a Perot, who entered politics abruptly and therefore could be expected to have some trouble in making the transition from corporate life to being on the public stage. But Romney is an archetypal member of the 0.1%. He is so far removed from ordinary Americans that he can’t grok what proper behavior is even if he were to try.
Private equity. Issue: Cayman residence of funds.KEEP READING
The places where some of Bain Capital’s numerous private equity funds are organized — Bermuda and the Cayman Islands — are tax havens. The widespread use of tax and banking havens by large U.S. multinationals and investment funds as an escape hatch from U.S. tax, banking, and securities laws, while offensive, is tolerated and even encouraged by U.S. law and administrative practice.
Mainstream newspapers howl that Romney has assets in the Caymans, but the reality is worse. Bain Capital invests in the United States and other countries, including China, but it organizes its funds in the Caymans to keep investor lists secret while availing itself of British corporate law. Every other investment fund does the same thing.
The practical effect of Cayman registration is that if investors were of a mind to lie to their home governments about the existence of or income from their Bain investments, the secrecy of investor lists makes it easier to do so. As the Romney campaign pointed out, all these investors still owe tax to their home governments (including the U.S. government) on their Bain income.
IRAs. Issue: Can profits interests or special classes of shares in private equity target companies be contributed to IRAs?A detailed discussion follows, and it’s hard to see how this IRA is kosher.
Romney has a gigantic IRA, which may hold as much as $100 million in assets. We do not know what it contains. We can only speculate. Given the applicable contribution limits, it is hard to see how the IRA got so big, even if Bain deals were hugely profitable. Regardless of what is in the IRA, serious valuation and self-dealing questions are raised.
Swiss bank account. Issue: Did Romney report it properly?
A Romney grantor trust had a $3 million Swiss bank account at UBS that the trustee closed in 2010. Romney’s campaign said that the account was disclosed on foreign bank account reports and that U.S. tax was paid on the interest from it…
Nondisclosure was common among rich people before the 2010 enactment of the Foreign Account Tax Compliance Act. The penalty for failure to file an FBAR was bupkes, and the agency in charge of enforcing the law, Treasury’s Financial Crimes Enforcement Network, had no interest in enforcing it. Very few FBARs were filed before 2010. At about 200,000 filings annually, the rate of FBAR compliance was estimated to be less than 20 percent before the IRS crackdown.
IranContraTaskForce chief counsel LarryBarcella said that so much incriminating evidence was pouring in to the task force at the end of 1992 that he recommended to Hamilton that the investigation be extended a few months so the new material could be evaluated.Ronald Reagan, George HW Bush, Bill Casey, Robert Gates, committed treason.
Hamilton refused and instead ordered the report to be issued exonerating the Bush-Casey crowd. Barcella said Hamilton cited the complexity of getting the task force re-authorized heading into a new Congress.
But shouldn't evidence of such a serious political crime and of such an important historical event take precedence over clerical matters like getting an extension approved?
Two, on Jan. 11, 1993, just two days before the House task force issued its debunking report, Hamilton received a classified report from the Russian Duma's national security committee revealing what Moscow's intelligence files showed about the US OctoberSurprise controversy.
The Russian report confirmed that Casey, Bush and CIA officer RobertGates had attended meetings in Europe with senior Iranian officials regarding the Iran hostage crisis in 1980.
However, the House task force did nothing with this remarkable report, besides stick it in a box with other papers from the investigation.
Two days later, on Jan. 13, 1993, Hamilton presided over a press conference dismissing the OctoberSurprise allegations, but he made no reference then or at any time since to the Russian report, later recovered from the files.
Barcella said that the task force didn't want to be bothered with trying to get it declassified. So they stuck it in the box. (He envisioned it ending up in a giant government warehouse, like in “Raiders of the Lost Ark.”)
But why didn't Hamilton (who took over as chairman of the House Foreign Affairs Committee in 1993) arrange for the Russian report to be declassified and shared with the American people?