What is going on here?
Whether you believe the excuses of these folks or not, it’s common for both taxpayers and the Internal Revenue Service to make big errors. “The question of what constitutes gross income remains a source of confusion for many taxpayers,” according to the Taxpayer Advocate Service of the IRS. Daschle’s mistake was to ignore the fact that all “accessions to wealth,” or unearned income, including the benefits from his chauffeur, are taxable unless the code explicitly excludes them.
Rangel claimed that his error was due in part to “cultural and language barriers” and also stemmed from his failure to note that all foreign income needs to be reported, including the $75,000 he earned by renting his Dominican Republic beach house. It may be a bit hard to believe the 19-term congressman from New York when he claims, as he did last year, that “I never had any idea that I got any income.” But the global sweep of the income tax does seem to surprise people. If you have a savings account in Mexico, that’s taxed. If you move to London to work, you are taxed. Even if you scrap your U.S. citizenship and move to a mountaintop in Tibet, the IRS will still chase after you.
The IRS enforces a worldwide web of tax requirements, but it is a web full of holes. The Daschle, Rangel, Geithner and Killefer errors are part of the roughly $350 billion “tax gap” of unpaid taxes each year. The root of the problem is the intense complexity of the income tax. The labyrinthine code trips up many people who make honest errors, but it also makes it more difficult for the IRS to find cheats.
The Taxpayer Advocate Service has noted the “perversity” of tax complexity: “Taxpayers who honestly seek to comply with the law often make inadvertent errors causing them … to become subject to IRS enforcement.… On the other hand, sophisticated taxpayers often find loopholes that enable them to reduce or eliminate their tax liabilities.”
The income tax is a breeding ground for such loopholes because of its hugely inconsistent treatment of “income.” A large amount of income is not taxed at all, while other income is taxed multiple times. In 2006, taxable income in the United States was just half of what the Department of Commerce reports as total personal income. While municipal bond interest goes untaxed, for example, corporate equity is taxed twice — at the business level and at the individual level.
These sorts of inconsistencies foster aggressive tax planning by individuals and corporations. Enron, for example, capitalized on the different ways business income is treated, setting up partnerships, real estate investment trusts and other structures, and exploited the tax differences between them.
The solution to all these problems — from the Enron debacle to Obama’s tax-troubled nominees — is to reform the tax code. With a simple and consistent base, taxpayers would know what they owe, and the IRS could easily enforce it. That is the promise of the “flat tax,” which would tax all income once and create a level playing field with no tax-free loopholes. The notion of a flat tax debuted three decades ago and was initially championed by Democrats such as Obama’s pick for CIA director, former congressman Leon Panetta. The flat tax later became a Republican cause, but there is no reason why Democrats couldn’t rediscover their tax-reform roots. In fact, this nomination season would appear to give them ample reason to do so.