WEBVTT

NOTE Taxpayers in Revolt: A Look Back to See the Future

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I have a very uplifting speech for you about taxpayer revolts, and what I want to talk

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about today is a guy named Jimmy John Leotard, and maybe you don't know Jimmy John, but

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he started the Jimmy Johns sub-chain, maybe you've seen him around, and he's moving from

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Illinois to Florida.

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He's going to be a fellow Floridian and his company's headquarters may soon follow.

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And what he said was about the Illinois government was that all they do is stick it to us, he

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says.

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They are increasing the personal income tax in Illinois from 3% to 5% and the corporate

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Income Tax from 7.3% to 9.5%.

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He said, I could absorb this and adapt.

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He told his local paper that.

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But it doesn't feel good in my soul to make that happen.

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So where his sub-business eventually finds its home

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is kind of up in the air.

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But Jimmy John's kids have already started school

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here in the great state of Florida.

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He says my family and I are out of here.

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So while Jimmy John seeks friendlier tax climates,

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there's talk of municipal and state government defaults.

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And of course, this was all the rage

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since Meredith Whitney went on 60 Minutes, where she said

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there would be 50 to 100 municipal defaults this year.

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she said it will be as big a meltdown as the real estate crash

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and it's hard to know what kind of financial shape that many muni debt issuers are in

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because muni bond issuers

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don't give financial statements they're not very quick to update the financial

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information

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that you need to know to gauge the value of of your investments in these muni

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bonds

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And there's plenty of concerned sons who probably forwarded the story from The Wall

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Street Journal to their muni-bond-holding mothers, I know at least one, that mentioned

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Helen Kirkpatrick.

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She was a retired journalist who was stunned when her broker called her to offer her fifty

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$0.50 on the dollar for her Maryland health and higher education bonds, $0.50 on the dollar.

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This came out completely out of the blue. Kirkpatrick had constantly sought out information

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about the bonds that she had bought a decade ago, but she could find nothing to miss. You

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could get no information. So these bond issuers don't disclose financial information very

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very readily.

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In fact, specialists in municipal disclosure did an extensive study.

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They studied 17,000 of these bond issues, and they found that 56% filed financial statements.

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Only 56% or more than 56% did not file financial statements in any one year.

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Now, no private company could get away with this, right?

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Municipal bondholders or bond issuers are able to do this.

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More than a third of the borrowers skipped three or more years of giving financial information

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and that number grew to 40% in 2009 when credit was mounted obviously.

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And another 30% filed extraordinarily late in 2009.

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So what this means in total is that two to three trillion dollars worth of muni debt obligations

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are from entities that have given out insignificant or insufficient ongoing disclosure information.

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Now, California State Treasurer Bill Locklear says the idea of states going bankrupt is nonsense.

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He says it's a cynical proposal intended to incite a panic in response to a phony crisis.

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He says killer bees, space aliens, now it's the invasion of the bankrupt states, he says.

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Well, I'm a little surprised if you followed the events in California that Mr. Locklear

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would be so cocky because it wasn't just 2009 when the state of California had to issue

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IOUs because they ran out of money, so they issued IOUs to pay taxpayers, vendors and

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local governments.

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Now, Mr. Locklear has a big plan for this year to write the ship in California.

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They're going to refrain from issuing any general obligation debt in the first half

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of the year, and that's going to bring down their borrowing costs and make everything

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all better.

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Well, that doesn't sound like a great trick, except California hasn't been able to do that

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since 1988.

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So if that doesn't work out and it probably won't work out, then Mr. Locklear admits

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that issuing IOUs is what he'll have to do.

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He says it's a possibility, it's not something he wants to do, it's at the bottom of the

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list, but it is on the list.

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Now Nicole Gelinas at the Manhattan Institute also thinks the idea of states going bankrupt

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is nonsense because she says states pile up debt indirectly, issuing bonds through thousands

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of separate legal entities.

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She writes that New York State, for instance, doesn't owe $78.4 billion worth of debt.

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It only owes $3.5 billion worth of general obligation debt.

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Who Loves the Rest, she writes, the MTA, the Dormitory Authority, the Tribunal Bridge and

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Tunnel Authority, and so on.

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She says, legally each is not a government, but a public benefit corporation.

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Each has its own board, its own rules, its own contractual agreements with creditors

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from bondholders to unions.

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Each of these agreements offer creditors different protections, she writes.

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So if you're a New Yorker and there may be some New Yorkers in this crowd, in this case

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you're supposed to sleep better at night, secure in the knowledge that dozens of government

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entities owe this debt instead of just one.

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Should make you feel a lot better.

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Meanwhile, any one of these public benefit corporations could go default out of the blue

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Because, let's face it, nobody's going to get a heads up if the dormitory authority runs out of money someday and can't pay their bondholders.

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But the main argument against states not being able to file bankruptcy is that they're sovereign entities and they can tax any time they want to,

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and they can cut their budgets whenever it's needed and to make everything all better.

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They can balance their budgets anytime they want to.

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And some governors are trying to do that.

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That means they're having to cut state worker pay, trying to renegotiate union contracts.

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You may have read about a bit of a dust-up in Wisconsin about this with Governor Scott

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Scott Walker wanting state workers to contribute a little bit of their own money toward their

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own retirements.

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He also wants to undo their collective bargaining rights and of course these collective bargaining

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rights have led to the cost of the benefits being adding 74 cents to each dollar of salary

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in the state of Wisconsin.

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Of course, Badger State teachers will have none of this.

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They abandoned their classrooms and they descended on the Capitol and they linked, they sat down

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body against body, filling a corridor chanting, freedom, democracy, unions.

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I don't think that's exactly what Thomas Jefferson had in mind, but that's the way it is in Wisconsin.

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So when the senators were convening, that's what was going on.

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Now in Nevada, the University of Nevada at Las Vegas, where I attended and Murray Rothbard

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used to teach and Hans Hoppe used to teach, they may have to file what's known as financial

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exgency, the equivalent of bankruptcy.

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The university president said, our state is nearing a state of financial collapse, and

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when he told the faculty this, they were moved to tears.

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The education leadership professor, and I don't know what an education leadership professor

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would actually teach day-to-day, but I leave that to you.

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On Cecilia Maldonado, she read a list of grievances that the faculty had when the bad budget news

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was announced and each one of these grievances started with, I'm sick.

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She said, I'm sick, we are destroying much of what we've built.

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She said she is sick of politicians describing professors as enjoying fat salaries and easy

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Living, and she said she is sick of the public, that the public doesn't seem to understand

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the importance of higher education.

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Of course, this past week, public employees protested in Ohio State House in Columbus,

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they protested in Tennessee, they protested in Nevada State House up in Carson City, all

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in the show of solidarity for their union brothers and sisters in Wisconsin.

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The point of all this is state legislatures are going to have a hard time cutting budgets.

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You might say that government employees feel entitled and they are not going to give up

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their pay and benefits easily.

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Now when it comes to raising taxes, in the case of Jimmy John, when the government pushes

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who moves you down on the sidewalk and decides to steal your wallet, claiming that some other

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person is more worthy of your money than you are, well, you fight back, right?

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And if you're Jimmy John, you have the resources and you have the options, you might just move.

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So you move down here to sunny Florida.

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But if you're an average working stiff, you're underwater on your house, your job prospects

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Tax are local, and maybe you have family tying down when the taxman comes wanting more.

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Well, let's just say a fight breaks out, right?

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So what's the cause of state and local fiscal woes?

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Was it just the recession that did all this?

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I mean, this seems to be fairly new, right?

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The Wall Street Journal's David Wessel points out that at the worst point in early 2009,

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State and local tax revenue combined were down 11% from year earlier levels.

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Local governments took a hit from the housing bust.

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State governments got hammered when the income, spending and capital gains, the tax declined.

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And despite an improving U.S. economy, he writes, tax receipts at the state level remain

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12% below pre-recession peaks.

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But almost in Austrian economics fashion, Wessel then goes on to recognize really what

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the problem was, and the problem was the boom.

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He writes, in the good times, governments enjoyed and spent a tax windfall.

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State and local tax revenue rose 36% in the five years before the bust.

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In the mid-2000s, overall receipts, taxes and federal grants rose rapidly.

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In the insuring years, spending rose rapidly too.

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Flush with money, governments did more, often encouraged by voters who wanted more spending

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on education and the like.

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Now everybody wants to point their finger at Wall Street.

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They want to point their finger at the bank for ramping up on real estate during the boom.

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But what about City Hall?

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They did the same thing.

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They hired on plan checkers, inspectors, city planners, they built fancy new buildings to

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house all these people, and they strapped themselves essentially to the same real estate

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rocket that the banks and Wall Street did.

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And as ever-increasing tax levies from these real estate appreciation, which they knew,

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you know, we all know that real estate goes up in value each and every year, that was

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is the common view. City Hall was waiting to just assess more and more and receive more and more in tax benefits.

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And what they could do with this money is fund everything from education to the homeless or child care or anything that they wanted to fund,

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all on the backs of real estate appreciation. That's the same way in the state houses around the country.

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I mean, who cares about what onerous union contracts you sign when the money's flooding in, who cares?

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You just go ahead and sign and move on to whatever people's business you have to do.

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It's like that old Merle Haggard song, we'll all be drinking free bubble up eating that rainbow stew.

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Well, this came apart when the financial markets melted down three years ago, and it turns

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out though that America's done this before.

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Three years after the 1929 crash, Herbert Hoover urged Congress to pass the Revenue

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Act of 1932.

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Murray Rothbard wrote that the range of tax increases were enormous.

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A number of wartime excess taxes were reinstated.

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Sales taxes were imposed on a number of everyday goods, necessities and luxuries alike.

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Income taxes were raised dramatically.

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Now these numbers will seem quaint, but the nominal rate, income tax rates, were ranged

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from a range of 1.5 percent, wouldn't you like to pay 1.5 percent in federal income

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Income Tax, to a top rate of 5%.

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But they changed that from a 4% bottom rate to an 8% upper rate.

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We'd love those rates today, but that was a huge percentage increase back in the day.

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Personal exemptions were reduced, earned income credit was eliminated, surtaxes were jacked

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Act from 25% to 63% on the highest incomes.

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Corporate incomes taxes were raised and the gift tax was restored.

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And all of these tax increases came on the heels of huge tax increases at the state and

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local levels during the 1920s because the 20s were just like what we've lived through.

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Huge increase in real estate appreciation.

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So in 1920, state taxes were 0.83% of the national income, but by 1929, that had more

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than doubled to 1.9% of the national income.

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By the end of the Roaring Twenties, property taxes accounted for 90% of the taxes levied

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at cities over 30,000 people.

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Real estate owners were filling coffers at city hall and state government all over the

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of the Country.

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And David Bado writes in a book, Taxpayers in Result, Revolt, Tax Resistance During the

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Great Depression, which we have a few copies out there, and you should really take a look

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at this book.

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It's a wonderful book about tax resistance during the depression.

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It's something a lot of people haven't read about, and it's a wonderful complete history

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of this.

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He writes that the only real estate tax, the real estate tax seemed almost destined to

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incite rebellion.

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Only vaguely did it meet the definition of a tax based on the ability to pay.

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In the 20s, as in the case of the early 2000s, real estate ownership was a poor barometer

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of the Wealth of Individuals.

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Just because the Fed policies flood money into real estate assets doesn't mean that

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the owners of those real estate assets are being able to afford the tax bill that they

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get from City Hall, that City Hall is so eager to assess these higher and higher rates.

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I mean, after all, these aren't rental properties.

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People live there.

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You can't pass the increase in taxes on to your renters.

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Now, local and state governments, they love property taxes, right?

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I mean, the administration costs are tiny.

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I mean, it's hard to hide a house.

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So, no detectives are needed to find your house for collections.

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And what happens if you don't pay your real estate taxes?

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I bet there's plenty in here that know what happens.

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Well, you get your name in the local paper.

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All your friends and neighbors get to see that you haven't RSVP'd the tax man on time.

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And what if you don't pay?

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Local authorities just slap a lien on your property and wait.

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Property isn't going anywhere, and the tax liens are superior to any home mortgage you

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you have, or any other liens.

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You see that's the way private property works in the good old U.S. of A. The property taxes

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actually predated the American Revolution and Beto explains in his book that property

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taxes possess the cardinal administrative virtue.

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The old tax is the good tax.

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And during the 20s, land wasn't the only thing that was taxed.

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Personal property was taxed as well.

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The assessment of land and the tax burden, unfortunately, it was arbitrary, it was ripe

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with corruption.

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But even with the prosperity of the 20s, the roaring 20s, taxpayers buckled under this

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pressure of these increasing tax burdens.

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Detroit, for instance, the rate of tax delinquency increased from 4.5% in 1921 to 12% in 1929.

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And this was a trend that was happening nationwide, it wasn't just Detroit.

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According to the report by the President's Conference in Home Building in 1932, the growth

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of delinquency is apparently not due to the present business depression, but has been

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going on since 1920 at the latest, the report said.

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The report concluded that people weren't paying their property taxes apparently due to the

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increase of the property tax more than any other one caused.

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Now as you can imagine in the 30s, the farmers were hit very hard by these taxes.

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While the price of their goods was plummeting, their taxes were increasing and that led the

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The Department of Agriculture to issue a report that concluded in 32 that the real weight

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of a farmer's tax burden has been doubled by falling prices since 1929.

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And it takes more than four times as many units of farm produce to pay the tax bill

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now as it took in 1914.

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Farmers didn't take this lying down.

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In January of 1933, farmers in Doylestown, Pennsylvania overran a tax sale.

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They purchased the farmer's title for $1.18 and then they turned around and gave it back

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to the over.

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Farmers across the country started employing the dollar sale strategy and in some cases

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farmers just quit paying and the local authorities decided to leave them alone.

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Tax protesters in Freeborn County, Minnesota demanded the abolition of the county agent,

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the county nurse, the weed inspector, home demonstration agents, and a 20% cut in all

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other county employees.

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Neighboring county 2,000 protesters turned out to demand the same thing.

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So the rural protest had a distinctly spontaneous flavor to it according to Beto.

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Taxpayers' organizations would appear, they'd reappear, they'd go away.

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So organizing farmers wasn't like organizing a herd of cows, but more like organizing a

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herd of cats, I suppose.

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But they still had, their protests were heard and their protests were effective.

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Farmer J.M. Sentin issued a warning to Governor Henry Horner.

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He wrote to him and said, in some states at tax sales, the people bought their property

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with 50 cents with shotguns.

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Politicians only understand the language of bombs and bullets.

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And James Babcock who wrote 1934, he wrote about farmers that were complaining that schools

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cost too much, teachers are paid too much money, we are going broke supporting our schools.

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I say abolish the county agent, he says he was wished upon us by the state college.

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Now urban protesters did a little better in coalescing than their rural brethren in most

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Cases. Individual taxpayer leagues popped up on a city and county basis all over the

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country. There were not less than 3,000 and probably about 4,000 of these taxpayer organizations

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in action. And in 1933, the number was rising rapidly. In fact, 700 were formed just in

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in the Spring of 1933 alone, according to the Committee on County Government.

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Now that's a far cry from 1927 when there were only 43 of these organizations that existed.

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Now as you might expect, the socialist mayor of Milwaukee, Daniel Horne, he hated these

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tax protesting groups.

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He claimed that they were doing more to undermine faith in government than all the communists

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in the World, and that they were mere fronts for greedy capitalists and real estate swindlers,

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is what he said.

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In Atlanta, a brand new taxpayer league attracted 1,000 members in its first week.

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It quickly rose to 5,000 members, and despite the protests, Atlanta politicians went ahead

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and raised taxes.

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And they were shocked when counseled that the tax increase would cause a rebellion,

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finding it difficult to imagine, quote, our staunch leading citizens taking part in any

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sort of tax strike.

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Why that thing simply isn't done.

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Tax protesters wondered why the cost to government hadn't gone down like the economy had.

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William Monroe wrote that, I buy less food, less tobacco, less recreation, says the man

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who holds his job, I would like to buy less government.

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But the real flashpoint for these tax protests was Chicago.

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Corruption was pervasive in Cook County.

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I think it still is, but I'm sure the Rahm Emanuel administration will take care of all

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But anyway, its assessment system was an embarrassing mark of local distinction.

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Tax-fixing in the Windy City involved juggling assessments, rewarding those who cooperated

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with the local political machine and punishing those who didn't.

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Now there was reform reassessments and there was a two-year tax holiday between 1928, 1930,

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But the Silas-Strawn Plan assessed taxes during that same period, even though there was a tax holiday in terms of payment,

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the assessment taxes jumped 24%.

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It's significant because at the same time, real estate values were plunging.

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The value of new construction was falling 86%.

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Payers, known as the A-R-E-T, formed 161 branch offices throughout the area, and that

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offered taxpayers the opportunity to join and engage in the tax strike.

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It was common knowledge that city government was helpless about this.

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In fact, a municipal court judge said at the time that his neighbors and friends made fun

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Now, City Hall tried to shame people into paying their taxes.

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You'll probably start seeing more and more of this.

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While the ARET was not allowed to buy advertising in local papers, the papers wouldn't sell

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it to them, the same papers donated full-page pay-your-taxes ads.

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Posts were printed up with, take your trade where the taxes are paid.

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Tax paying property owners were given, this property is now paying taxes posters to proudly

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display in their windows.

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But despite being called anarchist and worse, ARET membership reached 30,000 people.

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And in 1931 and 32, the tax delinquency rate in Chicago exceeded 53 percent.

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But it wasn't the rich fat cats that were stiffing the tax man.

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Maybe the socialist mayor thought that would be the case, but Beto's research reveals

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that it was actually skilled blue collar workers who made up the single biggest part of ARET.

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And in fact 26% of the members were women.

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Now Beto writes that the strike's demise actually came from division within its ranks.

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And if you're wondering if the tax strikes were successful, they were, but as Beto says

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only with some qualifications.

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But there is a history out there to draw from that I believe is instructive for all of us.

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Of course, all of these protests around the country flew in the face of municipal reformers

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who had spent a generation trying to professionalize government in an attempt to improve the image

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of government workers.

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It was predicted that if these tax protesters persisted, the reform edifice that they had

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constructed would be irreparably damaged.

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Charles Merriam at the time warned that these recurrent criticism of government employees

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threatened to poison permanently the springs of government interest, enthusiasm and service.

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Glenn Frank worried that the spreading anti-government ideology would divert men of capacity and

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self-respect from the public service for a generation.

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Well I guess maybe he's right. Maybe it has. As H.L. Mencken wrote, the average American

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legislator is not only an ass, but an oblique, sinister, depraved, and naivish fellow.

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Well the last time a U.S. state defaulted on its debt was 1933. And that was the state

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of Arkansas, they stiffed $146 million worth of bondholders.

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But that time has come again, because taxpayers will either flee as Jimmy John has, or they're

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going to stay and they're going to fight and they're going to strike.

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Because like that Farmer Jam's sentence said, politicians only understand the language of

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two things, bombs and bullets.
