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The Bonus Tax

March 20th, 2009

Whatever its flaws, I like it. Maybe (probably) I don’t know nearly as much about the details as I should. Maybe I am responding viscerally. I don’t care. These reprehensible asses have been robbing us as customers to line their own pockets, and now they’re robbing us as taxpayers to line their own pockets. If these bonuses were reasonable and as tied purely to performance as they so falsely claim, that would be one thing. But they are not.

Republicans in Congress, predictably, are putting up resistance. Many are caving in and voting with Democrats just like Democrats did with Republicans on the Iraq War. The similarity is due to both being immediate third-rail policies, the difference is that (of course depending on your opinion) one was for the wrong reasons and the other is for the right reasons.

The Republicans’ reasons to protest:

Two Wrongs Don’t Make a Right. … since the bonuses have been distributed, the solution is not to compound the problem with more inappropriate actions by the federal government.

This only makes sense if you agree that taxing obscenely wrong bonuses is a “wrong.” Many beg to differ.

Retroactive Tax Increase. The tax increase in the bill would be applied to bonuses paid after December 31, 2008. Many conservatives believe that retroactive tax increases are unfair and unconstitutional.

This only applies if you see it applied to specific days of the year. This bill is aimed at the current tax year, so I do not think it is retroactive.

Confiscatory Tax Rate. The legislation creates a tax rate of 90%.

Of course it’s confiscatory. That’s the point. I for one have no problems with this. These scumwads are running off with money earned by working Americans that was intended to save the business and benefit the nation, not enrich the same dishonest bastards that lost the firms’ money in the first place. If Republicans think that it’s wrong to confiscate that money, then I think they go too far on principle where it frankly should never apply.

Bill of Attainder. The bill, while not mentioning AIG by name, is clearly meant to punish AIG executives who received high bonuses–a specific group of individuals in response to public outrage over the bonuses.

The idea being that only courts should be able to apply such specific punishments. They believe that we are punishing a very specific group of people, even though it is a group, and no specific people or even corporations are named. And I think that’s where this argument fails; you can’t name all the specific people who will be affected yet, and more people could fall under this classification based upon their actions, not who they are. After all, one could say that the Estate Tax is a bill of attainder if one limited the definition to a “restricted group or class of people.” That this bill is aimed at anyone working for a firm receiving large amounts of taxpayer bailout money emphasizes the fact that there is a public interest. It is aimed at a wrong, not specific people. Furthermore, it does not really “punish” anyone; if the Congress passed a law that said bank robbers had to pay back 90% of the money they stole but don’t have to go to jail, I rather doubt that Republicans would be crying foul over an “unfair punishment.” Not to mention that Republicans are probably crying foul only because it is white-collar executives running off with public money–if it were bank robbers doing the exact same thing, they’d want to hang the bastards. But these guys are too close to their core constituency.

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  1. stevetv
    March 20th, 2009 at 22:58 | #1

    You need to catch up. We’re way beyond this now. The big issue now is how Geithner and Senator Chris Dodd pushed to allow AIG to retain its bonus payments as specified in the stimulous package. I’m dubious about providing a link because I’ve had trouble in the past, but try CNN’s Politics Ticker, article title “Giethner: Treasury pushed for bonus loophole.” So, why wouldn’t the scumwads run off with the money that was provided for them in legislation in the first place?

    If we’re looking for a political target, you can’t find an easier one that bonus pay. Why do we work so hard at what we do and end up with a meager bonus (if any at all) while these corrupt and/or incompetent executives end up getting extravagent bonuses? I get that, although personally I don’t care whether they get their bonuses or not. The amount of money under discussion is a miniscule percentage of the money AIG is receiving from the taxpayers as a whole. Bonuses aren’t the problem. The entire financial system needs a radical restructuring.

    But that’s besides the point. The point is, these bonuses were provided for in their contracts. Contracts stipulate payments to many people for many reasons, whether they are clients, employees or executives. Should the government now go through these contracts and decide what politically unsavory stipulations get stricken (putting aside the fact that many stipulations might prove highly revealing to some elected officials)? Then we may as well just forget about the bailout and let AIG take their chances in bankruptcy court. And then do the same with other huge corporations, because who will want to deal with an American corporation when its own government can already go through allegedly binding contracts and strike out whatever they don’t like?

    The solution: just let this one go, and put conditions on bonus payments that all parties can agree to BEFORE the money is given out. Because if AIG comes out of this as thoroughly untrustworthy – and I mean to their clients, not to the American public – we can kiss all the bailout money goodbye.

  2. March 22nd, 2009 at 02:00 | #2

    One thing I have heard is that these bonuses are in effect their salary, in a fashion vaguely similar to a waiter’s tips, and that their actual salaries are pretty small. ‘Small’ by whose standards I do not know.

    If this is accurate, it would explain a great deal.

  3. Luis
    March 22nd, 2009 at 08:26 | #3

    Jon:

    Please read the Kevin Drum blog post under the link in the post, at the end of the first paragraph (the link is the words “falsely claim”). Drum explains how bonuses for execs are never based on risk, but always use whatever metric is assured to pay off the most.

    Nate Silver makes the salient point about there being actually being capable people doing very good work who will also be hit by this. Nonetheless, I think that at this juncture, it is not unreasonable to ask these people to settle for a mere $250,000 plus 10% of an exorbitant bonus while the taxpayer is paying their salaries. The industry as a whole was corrupt and inept, and there should be no general reward for this.

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