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Date:      14 May 2008 14:55:33 -0700
From:      "Senator Tom Harman" <senator.harman@senate.ca.gov>
To:        freebsd-i386@freebsd.org
Subject:   Harman Report: May 14, 2008
Message-ID:  <130605-APP1sFU3b2ty00009eaf@smtp.cssrc.us>

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   =0D=0A = [1]3D"Senator =0D=0A
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   Harman Report: May 14, 2008
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   =0D=0A = News of the Week= =0D=0A
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   =0D=0A   [2]With Your Free Time and Extra= Money...=0D=0A
   =0D=0A=
   =0D=0A = [3]Vested= Interest=0D=0A
   =0D=0A=
   =0D=0A = [4]Paid= Sick Leave for All?=0D=0A =
   =0D=0A
   =0D=0A = [5]Death Tax=0D=0A =
   =0D=0A
   =0D=0A = [6]Waste Watchers Update: The Bucks Don't Stop at the
   Education= Department=0D=0A
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   With Your Free Time
   =0D=0Aand Extra Money...
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   The National Taxpayers Union (NTU) has released its annual study=
   about what it takes to comply with the federal tax code, and it is
   not= good news for Americans. Those who use the 1040 forms spent an
   average= of 24.2 hours and $207 to complete their returns this year.
   That is up= from 23.3 hours and $179 just three years ago. If you are
   self-employed,= you had it the worst: more than 80 hours. In all,
   Americans spent 6.65= billion hours last year complying with federal
   tax laws.
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   That= time is spent because the complexity of the tax code has
   multiplied. David= Keating, the study's author, writes, "Seventy-three
   years ago= the Form 1040 instructions were just two pages long. Even
   when the income= tax became a mass tax during World War II, the
   instructions took just four= pages. Today taxpayers must wade through
   143 pages of instructions, well= over triple the number in 1975 and
   nearly quadruple the number in 1985,= the year before taxes were
   `simplified.' Today's short form,= at 48 lines, has double the number
   of lines on the 1945 version of the= standard 1040 tax return."
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   The amount we spend on stuff= to help us pay our taxes is huge: $102
   billion for software, postage, tax= preparers, etc. And it is likely
   to get worse before (if) it gets better.= NTU warns us that the
   Alternative Minimum Tax could apply to more than= 30 million taxpayers
   in the next three years and its complexity will have= more of us
   spending more time and more money all to make the IRS happy.
   = =0D=0A

   To see the NTU's tables and calculations, as well as read= about how
   tax professionals get different bottom lines when working with= the
   same set of taxpayer information, see the study here:
   =0D=0A[7]http://www.ntu.org/main/press_papers.php?PressID=3D926&org_na
   me=3DNTU
   = =0D=0A

   [8]Back to the top
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   Vested Interest
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   A recent Wall Street= Journal article by Stephen J. Entin, president
   of the Institute of Research= on the Economics of Taxation, takes on
   the current debate about extending= the Bush tax rate cuts or focusing
   on tax credits for rearing children.= He observes that fewer people
   are interested in tax rate reductions because= fewer people are
   actually paying taxes, and that some conservatives are= pushing for
   the family benefit. Entin writes, "The bottom half of= the income
   distribution pays barely 3% of the income tax," and he= notes the Tax
   Foundation's finding that "over 40% of the population= owes no federal
   income tax, and about half who owe nothing actually get= net refunds."
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   Thus, "[f]or people who pay no income= tax, general government is
   practically a free good." Indeed, if they= can get all the government
   they need without paying and have more tax credits= that give them
   even more money back, they are all for it. The problem is= the rest of
   us end up paying more because the cost for general government= does
   not go down. Indeed, with so many free riders, it just keeps going=
   up. Entin says that if that happens at the expense of
   "growth-oriented= tax reforms, the loss in pre-tax income may be
   greater than the tax breaks."= I agree with his conclusion that "the
   true pro-family solution is= less government, not more."
   =0D=0A[9]http://online.wsj.com/article/SB120770167885700061.html?mod=3
   DdjemEditorialPage
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   [10]Back to the top
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   Paid Sick Leave for All?
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   I saw= the footage of Assemblywoman Fiona Ma (D-San Francisco)
   presenting her= AB 2716 in the Assembly Labor and Employment
   Committee. The bill passed= out of that committee easily on a 6-2 vote
   and out of the Assembly Judiciary= Committee on a 7-3 vote. The bill
   currently resides in the Assembly Appropriations= Committee. The bill
   is a massive mandate that will require anybody who= employs a person
   for at least seven days a year in California to provide= paid sick
   leave benefits. This is a policy the city of San Francisco recently=
   put in place.
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   The usual business lobbyists spoke against the= bill, talking about
   how this is bad for business. The opposition did not,= however, have a
   single speaker from San Francisco to testify how bad this= law has
   been for businesses there. But what really bothers me is nobody= is
   objecting to how huge an assault this is on our basic freedoms. This=
   is not a creeping Leviathan; it is the genuine article. Is there any
   level= of government meddling the people of California will resist?
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   Under= this bill, if you employ a baby sitter, gardener, tree trimmer,
   whatever,= for what adds up to seven days a year, not only must you
   provide paid sick= leave, you will need to keep track whether the sick
   leave is taken for= that person, a relative, a friend, whomever.
   Unless you do all this, you= will be a law-breaker. The best way to
   not be a law-breaker, of course,= will be to not employ people at all.
   =0D=0A

   I remain very disappointed= by the absence of voices defending out
   basic liberties. If we do not fight= for limited government, the
   American founding will have been in vain. This= philosophical issue is
   far more important than whether businesses have= greater costs.
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   To see an edited version of the hearing on this= bill, go to:
   =0D=0A[11]http://www.youtube.com/watch?v=3DHcz1yB8u73U
   = =0D=0A

   [12]Back to the top
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   Death Tax
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   Billionaire Warren Buffet= testified before Congress recently arguing
   that the estate (a.k.a. "death")= tax should be maintained. He said
   that the tax system should not further= reward those who already won
   the "ovarian lottery," and warned= that the disparity between the rich
   and poor was getting too great in the= U.S. Mr. Buffet is a very smart
   man, but his reasoning on this issue is= way off. He did note that he
   himself, as a billionaire, benefits greatly= from the tax system and
   he mentioned that his wife's estate paid= over $110 million in taxes
   upon her death. But he suggests that it should= have been more. Maybe
   it is time for the flat tax at a low rate but on= all income so that
   everyone, including Buffet, pays his fair share.
   = =0D=0A

   Here's the thing: if he, as a billionaire, wants to write= the federal
   government a check anytime, he can. There is a special fund= set up
   for the government to take gifts of any size from anyone who wants= to
   pay just for the fun of it. If he wants the government to have some=
   of his money, then he can give it. Perhaps he has done that already,
   I= do not know, but I do know that not everyone shares his affinity
   for government= programs and neither they, nor their heirs, should be
   compelled to make= such contributions. While his wife's estate, and no
   doubt his own,= will barely notice the estate tax, people of much
   lesser means will struggle= over every penny. The death tax does not
   just affect billionaires, but= regular families who own property or
   have family businesses. Sometimes= those assets add up to the level
   that triggers the tax even though the= beneficiaries of the estate
   would not be considered rich by you or me.= Their inheritance might
   make the difference in whether they and their children= can become
   rich by developing that property or growing that business, but= many
   miss out on that opportunity because the government demands its bite=
   of the pie after the funeral. In fact, the hearing at which Mr.
   Buffet= testified included people telling stories about how their
   family had to= sell the inheritance just to pay the taxes. Maybe he
   should have listened.
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   [13]Back to the top
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   Waste Watchers Update: The Bucks Don't Stop at the Education=
   Department
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   After years of litigation -= costing millions of taxpayer dollars -
   the California Department= of Education has finally settled with a
   whistle-blower turned former employee.= This whistle-blower claimed
   retaliation by the Department and former Superintendent= of Public
   Instruction Delaine Eastin when he reported massive fraud in= the
   department.
   =0D=0A

   According to the Sacramento Bee ([14]April 23, 2008), the California
   Department of Education= paid "$4.25 million to the former worker who
   said he suffered= retaliation after he reported corruption to then
   Superintendent Delaine= Eastin."
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   The trouble began when the California= Department of Education dished
   out millions of dollars, not to California's= classrooms, but to
   people seemingly just trying to make a buck off the= system. "The case
   centered on corruption in a program that= handed out money to
   community-based organizations between 1995 and 2000= to teach English
   and citizenship to recent immigrants. Some of the schools= that got
   grant money didn't even exist."
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   You= would expect a heap of praise for a whistle-blower doing the
   right thing= in reporting the massive fraud. Instead, he was allegedly
   punished for= his actions, which in the end cost taxpayers even more
   money that could= have gone towards the true goals of the
   Department...Education.
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   Shockingly, "A 20-year state worker, said= that when he and others
   reported $11 million in misappropriations to Eastin,= she ignored
   them. Then he was transferred to a job with no duties, leading= to
   stress that he said triggered two heart attacks and put him in a
   wheelchair."
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   The whistle-blower's "first jury trail in 2002= led to a $4.6 million
   verdict. The department appealed, and the case was= sent back for
   another trial. But the jury awarded...$3= million more."
   =0D=0A

   Unfortunately, for taxpayers= who footed the bill, that wasn't the
   only cost. "Over= seven years, it has paid another $1.2 million to law
   firms for defending= the state through two jury trials and appeals."
   The legal= fees went to two separate law firms - one defending the
   Department= and the other representing Eastin, the former
   superintendent.
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   Over= the last 13 years, the Department did not stem the money flowing
   to attorneys= defending itself against its own employees. Nor did the
   former superintendent= decry this expenditure as money that should go
   toward education. Instead,= she justified the spending, and so has the
   current superintendent, whose= department has not been forthcoming
   about how much they spent.
   =0D=0A

   This= leaves the taxpayer, who continue to send more of their
   hard-earned dollars= to Sacramento hoping someone will do right by the
   children...put the= buck in the classrooms.
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   [15]Back to the top
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   =0D=0A = HOME= PAGE | [16]BIOGRAPHY= | [17]CONTACT ME |=
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  14. 3D"http://www.sacbee.com/education/story/882653.html"=
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