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David R. Block  
View profile  
 More options Oct 13 2010, 9:29 pm
From: "David R. Block" <david.r.bl...@verizon.net>
Date: Wed, 13 Oct 2010 20:29:25 -0500
Local: Wed, Oct 13 2010 9:29 pm
Subject: David's Amendments
Since Billy left off at 10, I'll start it at 11.

11) Repeal the direct election of Senators, send it back to the state government.

State and local governments are the only things without representation in DC, and that stupid amendment is why. State Governments could have told their Senators that the Obamacare provisions for Medicaid would bankrupt the state, and if they wanted to stay in Washington, they were to vote against it. It might make herding the cats in the Senate more difficult, but I see that as a feature and not a bug.

12) Repeal the Income Tax amendment and implement the Fair Tax as put forty by John Linder and Neal Boortz.

I'm not going to copy from The Fair Tax Book, or the book Fair Tax: The Truth in copious amounts. They wrote the books, and I don't have any problems with it that I have been able to find.

13) Have a "castle" amendment and overturn the Kelo decision.

Strengthen personal property rights eroded by the Supreme Court in this abominable decision.

14) Restrict the commerce clause only to direct commerce between the states.

Some of the other lists call this interstate commerce reform.

15) Removal of citizenship of "anchor babies." This is not the kind of "exceptionalism" that I support.

Currently the US is almost the only nation that has this issue.

16) Randy Barnett's Bill of Federalism http://en.wikipedia.org/wiki/Bill_of_Federalism

See below.

Some of these have already been addressed above, but the whole package is worth a go as far as I am concerned.

I do not support the Congressional section of Dr. Larry Sabato's "A More Perfect Constitution." Increasing the House to 1000 members boggles my mind, and as the last almost two years has shown, the House generates enough mischief with only 435 members. The Senate also generates enough mischief with only 100 members, so why do we need to increase their number to 136? And with all due respect, Sabato is a known Democrat, so what's this "non-partisan" reapportionment? Easy, he will only define the Republicans as being partisan. Kind of like Mr. Post-Partisan President (I actually think that's a typo and it should read "Most Partisan President").

The Presidential proposals look OK, but I want to keep the 4 year terms, and the current two term limit. Sometimes I think that 4 years is too long to get rid of a bad apple (Nixon, Carter, Clinton, Obama), so 6 is just not acceptable.

The Supreme Court provisions generally suck, although I think that the courts themselves can set their own time limit for retirement so that each change in representation in the Congress does not generate a politically motivated change in the retirement age to get rid of an old conservative or liberal justice.

Likewise, the only part of his political section worth implementing would be the primary lottery.

David

Barnett's Bill of Federalism:

Amendments of the Bill of Federalism

Amendment I - Restrictions on Tax Powers of Congress

Section 1. Congress shall make no law laying or collecting taxes upon incomes, gifts, or estates, or upon aggregate consumption or expenditures; but Congress shall have power to levy a uniform tax on the sale of goods or services.
Section 2. Any imposition of or increase in a tax, duty, impost or excise shall require the approval of three-fifths of the House of Representatives and three-fifths of the Senate, and shall separately be presented to the President of the United States.
Section 3. This article shall be effective five years from the date of its ratification, at which time the sixteenth Article of amendment is repealed.

Section 1 of this amendment would disallow federal income, gift, estate, and consumption taxes. It would explicitly permit a national sales tax, an idea which has been proposed in the United States as the FairTax. Section 2 would require a supermajority of three-fifths of both houses of Congress for any new tax or tax increase. Section 3 repeals the Sixteenth Amendment, and delays the implementation of the whole amendment for five years after it is ratified, to give Congress time to dismantle the IRS.

This amendment is partially a combination of the fifth and sixth amendments of the previous draft.

Amendment II - Limits of Commerce Power

The power of Congress to make all laws which are necessary and proper to regulate commerce among the several states, or with foreign nations, shall not be construed to include the power to regulate or prohibit any activity that is confined within a single state regardless of its effects outside the state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory scheme; but Congress shall have power to regulate harmful emissions between one state and another, and to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States.

The Constitution grants Congress the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes". This is amplified by the additional power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." This amendment would overrule the current interpretation of the commerce clause by removing three present applications of the interstate commerce clause: the regulation of an activity having effects outside of a state, the regulation of instrumentalities of interstate commerce, and regulation as part of a broader regulatory scheme.

  1. In Wickard v. Filburn, the Supreme Court ruled that Congress could regulate the production of wheat by a farmer named Roscoe Filburn, despite the fact that Filburn did not intend to sell any of this wheat across state lines. The court ruled that since in the aggregate, unregulated wheat could have an effect on interstate commerce, it was thus covered by the commerce clause.[10]
  2. The Court has held that "Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities."[11] In one instance, the Court upheld federal safety regulations of vehicles used in intrastate commerce on the grounds that they run on highways of interstate commerce.
...

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bil...@aol.com  
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 More options Oct 13 2010, 11:39 pm
From: BIL...@aol.com
Date: Wed, 13 Oct 2010 23:39:59 EDT
Local: Wed, Oct 13 2010 11:39 pm
Subject: Re: [RC] David's Amendments

( I'm working on this from last to first )
( BTW, I agree with your views on Sabato, just sent them along to  give an
example
of what someone else has done with the idea of a set of Amendments )

============================================================

AGREE :

The words and phrases of this Constitution shall be interpreted according  
to their meaning at the time of their enactment, which meaning shall remain
the  same until changed pursuant to Article V; nor shall such meaning be
altered by  reference to the law of nations or the laws of other nations.

------------------------------

.HUH ?

Section 1. All persons are equally free and independent,  and have certain
natural, inherent and unalienable rights which they retain when  forming any
government, amongst which are the enjoying, defending and preserving  of
their life and liberty, acquiring, possessing and protecting real and  
personal property, making binding contracts of their choosing, and pursuing  their
happiness and safety.

Section 1 of this amendment would disallow federal _income_
(http://en.wikipedia.org/wiki/Income_tax_in_the_United_States) ,  _gift_
(http://en.wikipedia.org/wiki/Gift_tax) , _estate_
(http://en.wikipedia.org/wiki/Estate_tax_in_the_United_States) ,  and _consumption_
(http://en.wikipedia.org/wiki/Consumption_tax)  taxes.
It would explicitly permit a national _sales tax_
(http://en.wikipedia.org/wiki/Sales_tax) , an idea which has  been proposed in the
United States as the _FairTax_ (http://en.wikipedia.org/wiki/FairTax)

Regressive taxes, how wonderful. Tax the poor to lighten the burden  on the
rich.
Why didn't I think of that ?

--------------------------------------------------------------------------- -
-----

Section 2. The due process of law shall be construed to provide  the
opportunity to introduce evidence or otherwise show that a law, regulation  or
order is an infringement of such rights of any citizen or legal resident of  
the United States, and the party defending the challenged law, regulation, or  
order shall have the burden of establishing the basis in law and fact of
its  conformity with this Constitution.

Section 2 would require a _supermajority_
(http://en.wikipedia.org/wiki/Supermajority)   of three-fifths of both houses of Congress
for any new tax or tax increase.

THIS  I  LIKE.   VERY  MUCH.    EXCELLENT.
Heck, let's make this super-majority  90  %.

--------------------------------------------------------------------------- -
-------------

 Unfunded Mandates and Conditions on Spending  
Congress shall not impose upon a State, or political subdivision thereof,  
any obligation or duty to make expenditures unless such expenditures shall
be  fully reimbursed by the United States; nor shall Congress place any
condition  on the expenditure or receipt of appropriated funds requiring a State,
or  political subdivision thereof, to enact a law or regulation restricting
the  liberties of its citizens.

Hmmm. Need to think this over, but on principle, sounds  good.

--------------------------------------------------------------------------- -
----
Well, maybe. My main reservation is that this is a whole Amendment ( always
 important )
while the issues it addresses seem very minor.

14) Restrict the commerce clause only to  direct commerce between the
states.

--------------------------------------------------------------------------- -
--------

DISAGREE, but what else is new ?

11) Repeal the direct election of  Senators, send it back to the state
government.

State and local  governments are the only things without representation in
DC, and that stupid  amendment is why. State Governments could have told
their Senators that the  Obamacare provisions for Medicaid would bankrupt the
state, and if they wanted  to stay in Washington, they were to vote against
it. It might make herding the  cats in the Senate more difficult, but I see
that as a feature and not a bug.

Why are appointed Senators an  improvement ?  Seems to me that one of the
reasons the  Supremes
are the kind of characters they often  turn out to be is because they are
appointed , not elected.
But I see your point about the interests  of states and the sometimes
anti-state votes of Senators.
Maybe there is some other way to handle  the problem.

--------------------------------------------------------------------------- -
-----------------------

12) Repeal the Income Tax amendment and implement the Fair Tax as  put
forth by John Linder and Neal Boortz.

--------------------------------------------------------------------------- -
------

In a message dated 10/13/2010 6:29:39 P.M. Pacific Daylight Time,  

david.r.bl...@verizon.net writes:

Since Billy left off at 10, I'll start it at  11.

11) Repeal the direct election of Senators, send it back to the  state
government.

State and local governments are the only things  without representation in
DC, and that stupid amendment is why. State  Governments could have told
their Senators that the Obamacare provisions for  Medicaid would bankrupt the
state, and if they wanted to stay in Washington,  they were to vote against
it. It might make herding the cats in the Senate  more difficult, but I see
that as a feature and not a bug.

12) Repeal  the Income Tax amendment and implement the Fair Tax as put
forty by John  Linder and Neal Boortz.

I'm not going to copy from The Fair Tax Book,  or the book Fair Tax: The
Truth in copious amounts. They wrote the books, and  I don't have any problems
with it that I have been able to find.

13)  Have a "castle" amendment and overturn the Kelo decision.

Strengthen  personal property rights eroded by the Supreme Court in this
abominable  decision.

14) Restrict the commerce clause only to direct commerce  between the
states.

Some of the other lists call this interstate  commerce reform.

15) Removal of citizenship of "anchor babies." This  is not the kind of
"exceptionalism" that I support.

Currently the US is  almost the only nation that has this issue.

16) Randy Barnett's Bill  of Federalism
_http://en.wikipedia.org/wiki/Bill_of_Federalism_ (http://en.wikipedia.org/wiki/Bill_of_Federalism)

See  below.

Some of these have already been addressed above, but the whole  package is
worth a go as far as I am concerned.

I do not support the  Congressional section of Dr. Larry Sabato's "A More
Perfect Constitution."  Increasing the House to 1000 members boggles my mind,
and as the last almost  two years has shown, the House generates enough
mischief with only 435  members. The Senate also generates enough mischief with
only 100 members, so  why do we need to increase their number to 136? And
with all due respect,  Sabato is a known Democrat, so what's this
"non-partisan" reapportionment?  Easy, he will only define the Republicans as being
partisan. Kind of like Mr.  Post-Partisan President (I actually think that's a
typo and it should read  "Most Partisan President").

The Presidential proposals look OK, but I  want to keep the 4 year terms,
and the current two term limit. Sometimes I  think that 4 years is too long
to get rid of a bad apple (Nixon, Carter,  Clinton, Obama), so 6 is just not
acceptable.

The Supreme Court  provisions generally suck, although I think that the
courts themselves can set  their own time limit for retirement so that each
change in representation in  the Congress does not generate a politically
motivated change in the  retirement age to get rid of an old conservative or
liberal justice.  

Likewise, the only part of his political section worth implementing  would
be the primary lottery.

David

Barnett's Bill of  Federalism:

Amendments  of the Bill of Federalism
Amendment I -  Restrictions on Tax Powers of Congress

Section 1. Congress shall make no law laying or collecting taxes  upon
incomes, gifts, or estates, or upon aggregate consumption or  expenditures; but
Congress shall have power to levy a uniform tax on the  sale of goods or
services.
Section 2. Any imposition of or  increase in a tax, duty, impost or excise
shall require the approval of  three-fifths of the House of Representatives
and three-fifths of the Senate,  and shall separately be presented to the
President of the United  States.
Section 3. This article shall be effective five years from  the date of its
ratification, at which time the sixteenth Article of  amendment is repealed.
Section 1 of this amendment would disallow federal _income_
(http://en.wikipedia.org/wiki/Income_tax_in_the_United_States) ,  _gift_
(http://en.wikipedia.org/wiki/Gift_tax) , _estate_
(http://en.wikipedia.org/wiki/Estate_tax_in_the_United_States) ,  and _consumption_
(http://en.wikipedia.org/wiki/Consumption_tax)  taxes. It  would explicitly permit a national _sales tax_
(http://en.wikipedia.org/wiki/Sales_tax) , an idea which has  been proposed in
the United States as the _FairTax_ (http://en.wikipedia.org/wiki/FairTax) .
Section 2 would  require a _supermajority_
(http://en.wikipedia.org/wiki/Supermajority)  of  three-fifths of both houses of Congress for any new tax or
tax increase.  Section 3 repeals the _Sixteenth  Amendment_
(http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States...) , and
delays the implementation of the whole amendment for five  years after it is
ratified, to give Congress time to dismantle the IRS.
This amendment is partially a combination of the fifth and sixth amendments
 of the previous draft.
Amendment II - Limits of Commerce  Power

The power of Congress to make all laws which are necessary and proper to  
regulate commerce among the several states, or with foreign nations, shall  
not be construed to include the power to regulate or prohibit any activity  
that is confined within a single state regardless of its effects outside the  
state, whether it employs ...

read more »


 
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David R. Block  
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 More options Oct 14 2010, 12:58 am
From: "David R. Block" <david.r.bl...@verizon.net>
Date: Wed, 13 Oct 2010 23:58:09 -0500
Local: Thurs, Oct 14 2010 12:58 am
Subject: Re: [RC] David's Amendments
I would urge you to get the Fair Tax book and read it. Basically, the tax on 2 times the poverty level of consumption is given to those making less than 2 times the poverty level the prior year. This is called a prebate (as opposed to a rebate, because they get that to start with at the beginning of the year, kind of like today's earned income credit which can be added in advance to someone's paycheck every pay period-the differences are handled at tax filing time).

So a low-income person is advanced the money to pay the taxes with before the year starts. If they don't have the sense to stretch that money out for the year and go spend it all when they get it, that's their problem.

David
 

To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.--Thomas Jefferson

 


On 10/13/2010 10:39 PM, BILROJ@aol.com wrote:
( I'm working on this from last to first )
( BTW, I agree with your views on Sabato, just sent them along to give an example
of what someone else has done with the idea of a set of Amendments )
 
============================================================
 
 
 
AGREE :
 
 
The words and phrases of this Constitution shall be interpreted according to their meaning at the time of their enactment, which meaning shall remain the same until changed pursuant to Article V; nor shall such meaning be altered by reference to the law of nations or the laws of other nations.
 
------------------------------
 
.HUH ? 
 
Section 1. All persons are equally free and independent, and have certain natural, inherent and unalienable rights which they retain when forming any government, amongst which are the enjoying, defending and preserving of their life and liberty, acquiring, possessing and protecting real and personal property, making binding contracts of their choosing, and pursuing their happiness and safety.
 
Section 1 of this amendment would disallow federal income, gift, estate, and consumption taxes.
It would explicitly permit a national sales tax, an idea which has been proposed in the
United States as the FairTax
 
Regressive taxes, how wonderful. Tax the poor to lighten the burden on the rich.
Why didn't I think of that ?
 
---------------------------------------------------------------------------------

Section 2. The due process of law shall be construed to provide the opportunity to introduce evidence or otherwise show that a law, regulation or order is an infringement of such rights of any citizen or legal resident of the United States, and the party defending the challenged law, regulation, or order shall have the burden of establishing the basis in law and fact of its conformity with this Constitution.
 
Section 2 would require a supermajority of three-fifths of both houses of Congress
for any new tax or tax increase.
...

read more »


 
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Discussion subject changed to "Making the Fair Tax More Fair" by Ernest Prabhakar
Ernest Prabhakar  
View profile  
 More options Oct 15 2010, 3:19 pm
From: Ernest Prabhakar <ernest.prabha...@gmail.com>
Date: Fri, 15 Oct 2010 12:19:30 -0700
Local: Fri, Oct 15 2010 3:19 pm
Subject: Making the Fair Tax More Fair
On Oct 13, 2010, at 6:29 PM, David R. Block wrote:

> 12) Repeal the Income Tax amendment and implement the Fair Tax as put forth by John Linder and Neal Boortz.

> I'm not going to copy from The Fair Tax Book, or the book Fair Tax: The Truth in copious amounts. They wrote the books, and I don't have any problems with it that I have been able to find.

I'm a big fan of Fair Tax:

http://www.fairtax.org/site/PageServer

http://en.wikipedia.org/wiki/FairTax

But I still have a couple concerns about it, which Billy hints at:

> Regressive taxes, how wonderful. Tax the poor to lighten the burden on the rich.
> Why didn't I think of that ?

Actually, that's not quite true.  It would actually *reduce* the tax on the poor, especially as it would reduce hidden taxation costs in prices.  It would also help the working poor by eliminating Social Security payroll taxes.

The problem is that it increase taxes on the lower middle class, who spend most of their income but currently pay virtually no income tax.  The rich who invest/save large chunks of their income would generally pay less than they do now.  For example, FairTax Calculator says my family would pay only $30K in taxes, versus close to 100K now:

http://www.fairtaxcalculator.org/index.php

That money has to come from somewhere.  This redistribution would almost certainly lead to economic growth and job creation, but it would still be regressive (except for the very poor).

http://www.factcheck.org/taxes/unspinning_the_fairtax.html

I do think there is a way to fix the FairTax, though:

1. Make a national Sales Tax replace the Payroll Tax

The payroll tax is what hits lower income Americans and complicates hiring.  If we replaced all payroll taxes with a FairTax-like national sales tax of, say 10%, it should achieve most of the economic benefit without becoming overly regressive. At a guess, it should at least reduce taxes for those making less than $75K per year, which seems sufficiently progressive, and gets us into the range of those who pay more on income taxes than payroll taxes.

This still leaves the problem of how to account for Social Security when we only capture spending rather than income, but for now let's assume that's a solvable problem.  

2.  Create a financial tax to replace the income tax.

Most income tax only affects the rich already.  If we are going to tax the rich -- which we have to do, since they have most of the money -- we should do it in a way that encourages appropriate behavior.

What do we want the rich to do? Generate value to the economy, by either working or investing. Including taking risks that the poor and middle class do not. This implies we should penalize the rich for being selfish or safe.

The FairTax would tax all spending from the rich, which is a good first step. Still, a 10% FairTax wouldn't bring in enough revenue. The remainder would have to come from taxing either a) wealth or b) financial transactions.

2a) Wealth Tax

If we don't want to penalize investments, a "wealth tax" means taxing either property or savings (defined as FDIC insured).

We could model this on FairTax, in that we set a baseline exemption based on the federal poverty level:

http://aspe.hhs.gov/poverty/09poverty.shtml

To convert income to wealth, use the treasury rate.  For example, if the poverty level is $10,000, and the treasury rate is 5%, then the "wealth exemption" is $10K/.05 = $200,000.  

To obtain a "fair" tax rate, I propose again indexing to 10% of the treasury rate, e.g. 0.5% for a treasury rate of 5%.

For example:

* a $1 million home would have $800K taxable, which at 0.5% comes out to $4,000 per year.

* an individual with the maximum 250K in FDIC-insured deposits across two banks ($500K) would have $300K taxable.  They would pay $1,500 a year on a national wealth tax, which effectively reduces their interest from ~1.25% ($6,250 per year) to 0.95% ($4,750).  Annoying, but hardly devastating, and a good stick for prodding the rich to take riskier or longer-term investments to earn better yields.

I have no idea whether a national property tax would be legal, but making it legal would be a fair exchange for repealing the 16th amendment. :-)

http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States...

2b) Financial Instrument Tax

I was intrigued by Billy's proposal a few years ago for a tax on financial transactions.

http://en.wikipedia.org/wiki/Financial_transaction_tax

The simplest and most effective (and FairTax-like) would probably be some kind of Transfer Tax, paid by the seller (to encourage holding investments longer):

http://en.wikipedia.org/wiki/Transfer_tax

Apparently we had one as late as 1966 of 0.4%, for stocks:

> The United States had a tax on sales or transfers of stock from 1914 to 1966. This was instituted in The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38 Stat. 745)), in the amount of 0.2% (20basis points, bps). This was doubled to 0.4% (40 bps) in 1932, in the context of the Great Depression, then eliminated in 1966.

It's been reconsidered recently, but never went anywhere:

http://online.wsj.com/article/SB125512957855977163.html

Unfortunately, at the tax rate we are proposing (0.5%), it would (inferring from that article) only raise around $500B, vs. the $1250B from corporate and individual income taxes we need to replace.

http://en.wikipedia.org/wiki/2010_United_States_federal_budget

We could increase that by covering more than just stocks, but I suspect there isn't much other wealth out there to tax.

I am also worried about pushing that rate higher, as capital is even more flighty than people. Taxing transactions at too high a rate risks killing the financial industry; we only want to maim it, so it can't run as fast. :-)

Perhaps if we had a low (0.5%) rate for direct asset transactions (e.g., stocks) but doubled it for indirect (e.g., derivatives) it would do better, and also dampen speculation.  Of course, it could have the perverse effect of making derivatives seek *higher* returns to compensate, though even 1% on a 13% Junk Bond doesn't seem like it would dramatically alter behavior.

And it still may not be enough, but it should at least get us into the ballpark. Maybe the magical stimulative effects of eliminating payroll and income taxes would do the rest. Plus, simply adding friction to high-end financial instruments seems like a good thing.

Again, the Right hates it, but if tied to an elimination of the income tax, that might turn them around. And maybe capital flight is not a horrible thing, as long as it didn't completely kill the revenue stream. Frankly, I'd rather have rich people living and working here and storing their money abroad than vice versa.

An interesting feature of tying wealth taxes to treasury rates is that they would be counter-cyclical -- low when the economy is week, but high when it is strong.  That's good from the perspective of stimulating/dampening the economy, but hard on financial management, as government revenue dries up when you need it most, aggravating deficit spending.  

The only solution I could think of offhand is  -- in a world with a hypothetical balanced budget -- ensuring some portion of this revenue is dedicated to a rainy-day fund. e.g., anytime treasury rates exceed 10%, the surplus revenue automatically goes into a counter-cycle fund that can't be tapped.  But rainy days funds are notorious for being leaky.

Still, this seems like a viable model that addresses the concerns of a pure FairTax and a mere financial transaction tax, at least at first blush.

What do the rest of you think?


 
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bil...@aol.com  
View profile  
 More options Oct 15 2010, 7:39 pm
From: BIL...@aol.com
Date: Fri, 15 Oct 2010 19:39:53 EDT
Local: Fri, Oct 15 2010 7:39 pm
Subject: Re: [RC] Making the Fair Tax More Fair

Ernie:
This is a discussion I will keep out of.  To do the subject  justice I'd
need to drop
priority research and spend a lot of time getting current in a field which  
holds
little interest for me. Other issues are personally far more  meaningful.
What I do know are some basics, otherwise my competence is  spotty.

Billy

--------------------------------------------------------------------------- -
-----

In a message dated 10/15/2010 12:19:32 P.M. Pacific Daylight Time,  

ernest.prabha...@gmail.com writes:

On Oct  13, 2010, at 6:29 PM, David R. Block wrote:
> 12) Repeal the Income Tax  amendment and implement the Fair Tax as put

forth by John Linder and Neal  Boortz.

> I'm not going to copy from The Fair Tax Book, or the  book Fair Tax: The

Truth in copious amounts. They wrote the books, and I don't  have any
problems with it that I have been able to find.

I'm a big fan  of Fair  Tax:

http://www.fairtax.org/site/PageServer

http://en.wikipedia.org/wiki/FairTax

But  I still have a couple concerns about it, which Billy hints at:

>  Regressive taxes, how wonderful. Tax the poor to lighten the burden on
the  rich.
> Why didn't I think of that ?

Actually, that's not quite  true.  It would actually *reduce* the tax on
the poor, especially as it  would reduce hidden taxation costs in prices.  It
would also help the  working poor by eliminating Social Security payroll
taxes.

The problem  is that it increase taxes on the lower middle class, who spend
most of their  income but currently pay virtually no income tax.  The rich
who  invest/save large chunks of their income would generally pay less than
they do  now.  For example, FairTax Calculator says my family would pay only
$30K  in taxes, versus close to 100K  now:

http://www.fairtaxcalculator.org/index.php

That money has  to come from somewhere.  This redistribution would almost
certainly lead  to economic growth and job creation, but it would still be
regressive (except  for the very  poor).

http://www.factcheck.org/taxes/unspinning_the_fairtax.html

I  do think there is a way to fix the FairTax, though:

1. Make a national  Sales Tax replace the Payroll Tax

The payroll tax is what hits lower  income Americans and complicates
hiring.  If we replaced all payroll  taxes with a FairTax-like national sales tax
of, say 10%, it should achieve  most of the economic benefit without
becoming overly regressive. At a guess,  it should at least reduce taxes for those
making less than $75K per year,  which seems sufficiently progressive, and
gets us into the range of those who  pay more on income taxes than payroll
taxes.

This still leaves the  problem of how to account for Social Security when
we only capture spending  rather than income, but for now let's assume that's
a solvable problem.  

2.  Create a financial tax to replace the income tax.

Most  income tax only affects the rich already.  If we are going to tax the
 rich -- which we have to do, since they have most of the money -- we
should do  it in a way that encourages appropriate behavior.

What do we want the  rich to do? Generate value to the economy, by either
working or investing.  Including taking risks that the poor and middle class
do not. This implies we  should penalize the rich for being selfish or safe.

The FairTax would  tax all spending from the rich, which is a good first
step. Still, a 10%  FairTax wouldn't bring in enough revenue. The remainder
would have to come  from taxing either a) wealth or b) financial transactions.

2a) Wealth  Tax

If we don't want to penalize investments, a "wealth tax" means  taxing
either property or savings (defined as FDIC insured).

We could  model this on FairTax, in that we set a baseline exemption based
on the  federal poverty  level:

http://aspe.hhs.gov/poverty/09poverty.shtml

To convert  income to wealth, use the treasury rate.  For example, if the
poverty  level is $10,000, and the treasury rate is 5%, then the "wealth
exemption" is  $10K/.05 = $200,000.  

To obtain a "fair" tax rate, I propose  again indexing to 10% of the
treasury rate, e.g. 0.5% for a treasury rate of  5%.

For example:

* a $1 million home would have $800K taxable,  which at 0.5% comes out to
$4,000 per year.

* an individual with the  maximum 250K in FDIC-insured deposits across two
banks ($500K) would have  $300K taxable.  They would pay $1,500 a year on a
national wealth tax,  which effectively reduces their interest from ~1.25%
($6,250 per year) to  0.95% ($4,750).  Annoying, but hardly devastating, and
a good stick for  prodding the rich to take riskier or longer-term
investments to earn better  yields.

I have no idea whether a national property tax would be legal,  but making
it legal would be a fair exchange for repealing the 16th amendment.  :-)

http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States...
tution

2b)  Financial Instrument Tax

I was intrigued by Billy's proposal a few  years ago for a tax on financial
 transactions.

http://en.wikipedia.org/wiki/Financial_transaction_tax

The  simplest and most effective (and FairTax-like) would probably be some
kind of  Transfer Tax, paid by the seller (to encourage holding investments  
longer):

http://en.wikipedia.org/wiki/Transfer_tax

Apparently we  had one as late as 1966 of 0.4%, for stocks:

> The United States had  a tax on sales or transfers of stock from 1914 to

1966. This was instituted in  The Revenue Act of 1914 (Act of Oct. 22, 1914
(ch. 331, 38 Stat. 745)), in the  amount of 0.2% (20basis points, bps). This
was doubled to 0.4% (40 bps) in  1932, in the context of the Great
Depression, then eliminated in  1966.

It's been reconsidered recently, but never went  anywhere:

http://online.wsj.com/article/SB125512957855977163.html

Unfortunately,  at the tax rate we are proposing (0.5%), it would
(inferring from that  article) only raise around $500B, vs. the $1250B from corporate
and individual  income taxes we need to  replace.

http://en.wikipedia.org/wiki/2010_United_States_federal_budget

We  could increase that by covering more than just stocks, but I suspect
there  isn't much other wealth out there to tax.

I am also worried about  pushing that rate higher, as capital is even more
flighty than people. Taxing  transactions at too high a rate risks killing
the financial industry; we only  want to maim it, so it can't run as fast. :-)

Perhaps if we had a low  (0.5%) rate for direct asset transactions (e.g.,
stocks) but doubled it for  indirect (e.g., derivatives) it would do better,
and also dampen  speculation.  Of course, it could have the perverse effect
of making  derivatives seek *higher* returns to compensate, though even 1%
on a 13% Junk  Bond doesn't seem like it would dramatically alter behavior.

And it  still may not be enough, but it should at least get us into the
ballpark.  Maybe the magical stimulative effects of eliminating payroll and
income taxes  would do the rest. Plus, simply adding friction to high-end
financial  instruments seems like a good thing.

Again, the Right hates it, but if  tied to an elimination of the income
tax, that might turn them around. And  maybe capital flight is not a horrible
thing, as long as it didn't completely  kill the revenue stream. Frankly, I'd
rather have rich people living and  working here and storing their money
abroad than vice versa.

An  interesting feature of tying wealth taxes to treasury rates is that
they would  be counter-cyclical -- low when the economy is week, but high when
it is  strong.  That's good from the perspective of stimulating/dampening
the  economy, but hard on financial management, as government revenue dries up
when  you need it most, aggravating deficit spending.  

The only  solution I could think of offhand is  -- in a world with a
hypothetical  balanced budget -- ensuring some portion of this revenue is
dedicated to a  rainy-day fund. e.g., anytime treasury rates exceed 10%, the surplus
revenue  automatically goes into a counter-cycle fund that can't be tapped.
 But  rainy days funds are notorious for being leaky.

Still, this seems like  a viable model that addresses the concerns of a
pure FairTax and a mere  financial transaction tax, at least at first blush.

What do the rest of  you think?

--
Centroids: The Center of the Radical Centrist  Community
<RadicalCentrism@googlegroups.com>
Google Group:  http://groups.google.com/group/RadicalCentrism
Radical Centrism website and  blog: http://RadicalCentrism.org


 
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Ernest Prabhakar  
View profile  
 More options Oct 15 2010, 7:45 pm
From: Ernest Prabhakar <ernest.prabha...@gmail.com>
Date: Fri, 15 Oct 2010 16:45:10 -0700
Local: Fri, Oct 15 2010 7:45 pm
Subject: Re: [RC] Making the Fair Tax More Fair

On Oct 15, 2010, at 4:39 PM, BIL...@aol.com wrote:

> Ernie:
> This is a discussion I will keep out of.  

Age brings you wisdom. :-)

-- Ernie P.


 
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bil...@aol.com  
View profile  
 More options Oct 15 2010, 8:16 pm
From: BIL...@aol.com
Date: Fri, 15 Oct 2010 20:16:16 EDT
Local: Fri, Oct 15 2010 8:16 pm
Subject: Re: [RC] Making the Fair Tax More Fair

Once again we are in 100 % agreement

Billy

=====================================================

In a message dated 10/15/2010 4:45:14 P.M. Pacific Daylight Time,  

ernest.prabha...@gmail.com writes:

On Oct 15, 2010, at 4:39 PM, _BIL...@aol.com_ (mailto:BIL...@aol.com)  
wrote:

Ernie:
This is a discussion I will keep out of.  

Age brings you wisdom. :-)

-- Ernie P.

--------------------------------------------------------------------------- -
-----

In a message dated 10/15/2010 12:19:32 P.M. Pacific Daylight Time,
_ernest.prabha...@gmail.com_ (mailto:ernest.prabha...@gmail.com)   writes:

On  Oct 13, 2010, at 6:29 PM, David R. Block wrote:

> 12) Repeal the  Income Tax amendment and implement the Fair Tax as put

forth by John  Linder and Neal Boortz.

> I'm not going to copy from The  Fair Tax Book, or the book Fair Tax: The

Truth in copious amounts. They  wrote the books, and I don't have any
problems with it that I have been  able to find.

I'm a big fan of Fair Tax:

_http://www.fairtax.org/site/PageServer_
(http://www.fairtax.org/site/PageServer)

http://en.wikipedia.org/wiki/FairTax

But  I still have a couple concerns about it, which Billy hints at:

>  Regressive taxes, how wonderful. Tax the poor to lighten the burden on
the  rich.
> Why didn't I think of that ?

Actually, that's not  quite true.  It would actually *reduce* the tax on
the poor,  especially as it would reduce hidden taxation costs in prices.  It  
would also help the working poor by eliminating Social Security payroll  
taxes.

The problem is that it increase taxes on the lower middle  class, who spend
most of their income but currently pay virtually no  income tax.  The rich
who invest/save large chunks of their income  would generally pay less than
they do now.  For example, FairTax  Calculator says my family would pay only
$30K in taxes, versus close to  100K now:

http://www.fairtaxcalculator.org/index.php

That  money has to come from somewhere.  This redistribution would almost  
certainly lead to economic growth and job creation, but it would still be  
regressive (except for the very  poor).

http://www.factcheck.org/taxes/unspinning_the_fairtax.html

I  do think there is a way to fix the FairTax, though:

1. Make a  national Sales Tax replace the Payroll Tax

The payroll tax is what  hits lower income Americans and complicates
hiring.  If we replaced  all payroll taxes with a FairTax-like national sales tax
of, say 10%, it  should achieve most of the economic benefit without
becoming overly  regressive. At a guess, it should at least reduce taxes for those
making  less than $75K per year, which seems sufficiently progressive, and
gets us  into the range of those who pay more on income taxes than payroll  
taxes.

This still leaves the problem of how to account for Social  Security when
we only capture spending rather than income, but for now  let's assume that's
a solvable problem.  

2.  Create a  financial tax to replace the income tax.

Most income tax only  affects the rich already.  If we are going to tax the
rich -- which  we have to do, since they have most of the money -- we
should do it in a  way that encourages appropriate behavior.

What do we want the rich  to do? Generate value to the economy, by either
working or investing.  Including taking risks that the poor and middle class
do not. This implies  we should penalize the rich for being selfish or safe.

The FairTax  would tax all spending from the rich, which is a good first
step. Still, a  10% FairTax wouldn't bring in enough revenue. The remainder
would have to  come from taxing either a) wealth or b) financial transactions.

2a)  Wealth Tax

If we don't want to penalize investments, a "wealth tax"  means taxing
either property or savings (defined as FDIC  insured).

We could model this on FairTax, in that we set a baseline  exemption based
on the federal poverty  level:

http://aspe.hhs.gov/poverty/09poverty.shtml

To  convert income to wealth, use the treasury rate.  For example, if the  
poverty level is $10,000, and the treasury rate is 5%, then the "wealth  
exemption" is $10K/.05 = $200,000.  

To obtain a "fair" tax  rate, I propose again indexing to 10% of the
treasury rate, e.g. 0.5% for  a treasury rate of 5%.

For example:

* a $1 million home  would have $800K taxable, which at 0.5% comes out to
$4,000 per  year.

* an individual with the maximum 250K in FDIC-insured  deposits across two
banks ($500K) would have $300K taxable.  They  would pay $1,500 a year on a
national wealth tax, which effectively  reduces their interest from ~1.25%
($6,250 per year) to 0.95%  ($4,750).  Annoying, but hardly devastating, and
a good stick for  prodding the rich to take riskier or longer-term
investments to earn  better yields.

I have no idea whether a national property tax would  be legal, but making
it legal would be a fair exchange for repealing the  16th amendment.  :-)

http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States...
tution

2b)  Financial Instrument Tax

I was intrigued by Billy's proposal a few  years ago for a tax on financial
 transactions.

http://en.wikipedia.org/wiki/Financial_transaction_tax

The  simplest and most effective (and FairTax-like) would probably be some
kind  of Transfer Tax, paid by the seller (to encourage holding investments  
longer):

http://en.wikipedia.org/wiki/Transfer_tax

Apparently  we had one as late as 1966 of 0.4%, for stocks:

> The United  States had a tax on sales or transfers of stock from 1914 to

1966. This  was instituted in The Revenue Act of 1914 (Act of Oct. 22, 1914
(ch. 331,  38 Stat. 745)), in the amount of 0.2% (20basis points, bps). This
was  doubled to 0.4% (40 bps) in 1932, in the context of the Great
Depression,  then eliminated in 1966.

It's been reconsidered recently, but never  went  anywhere:

http://online.wsj.com/article/SB125512957855977163.html

Unfortunately,  at the tax rate we are proposing (0.5%), it would
(inferring from that  article) only raise around $500B, vs. the $1250B from corporate
and  individual income taxes we need to  replace.

http://en.wikipedia.org/wiki/2010_United_States_federal_budget

We  could increase that by covering more than just stocks, but I suspect
there  isn't much other wealth out there to tax.

I am also worried about  pushing that rate higher, as capital is even more
flighty than people.  Taxing transactions at too high a rate risks killing
the financial  industry; we only want to maim it, so it can't run as fast.  
:-)

Perhaps if we had a low (0.5%) rate for direct asset  transactions (e.g.,
stocks) but doubled it for indirect (e.g.,  derivatives) it would do better,
and also dampen speculation.  Of  course, it could have the perverse effect
of making derivatives seek  *higher* returns to compensate, though even 1%
on a 13% Junk Bond doesn't  seem like it would dramatically alter behavior.

And it still may  not be enough, but it should at least get us into the
ballpark. Maybe the  magical stimulative effects of eliminating payroll and
income taxes would  do the rest. Plus, simply adding friction to high-end
financial  instruments seems like a good thing.

Again, the Right hates it, but  if tied to an elimination of the income
tax, that might turn them around.  And maybe capital flight is not a horrible
thing, as long as it didn't  completely kill the revenue stream. Frankly, I'd
rather have rich people  living and working here and storing their money
abroad than vice  versa.

An interesting feature of tying wealth taxes to treasury  rates is that
they would be counter-cyclical -- low when the economy is  week, but high when
it is strong.  That's good from the perspective  of stimulating/dampening
the economy, but hard on financial management, as  government revenue dries up
when you need it most, aggravating deficit  spending.  

The only solution I could think of offhand  is  -- in a world with a
hypothetical balanced budget -- ensuring  some portion of this revenue is
dedicated to a rainy-day fund. e.g.,  anytime treasury rates exceed 10%, the surplus
revenue automatically goes  into a counter-cycle fund that can't be tapped.
 But rainy days funds  are notorious for being leaky.

Still, this seems like a viable  model that addresses the concerns of a
pure FairTax and a mere financial  transaction tax, at least at first blush.

What do the rest of you  think?

--
Centroids: The Center of the Radical Centrist  Community
<RadicalCentrism@googlegroups.com>
Google Group:  http://groups.google.com/group/RadicalCentrism
Radical Centrism website  and blog: http://RadicalCentrism.org

--
Centroids: The Center  of the Radical Centrist Community
<_RadicalCentrism@googlegroups.com_ (mailto:RadicalCentrism@googlegroups.com) >
Google  Group: _http://groups.google.com/group/RadicalCentrism_
(http://groups.google.com/group/RadicalCentrism)
Radical  Centrism website and blog: _http://RadicalCentrism.org_
(http://radicalcentrism.org/)

--
Centroids: The Center of the Radical Centrist Community  
<RadicalCentrism@googlegroups.com>
Google Group: _http://groups.google.com/group/RadicalCentrism_
(http://groups.google.com/group/RadicalCentrism)
Radical  Centrism website and blog: _http://RadicalCentrism.org_
(http://radicalcentrism.org/)


 
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David R. Block  
View profile  
 More options Oct 16 2010, 12:22 am
From: "David R. Block" <david.r.bl...@verizon.net>
Date: Fri, 15 Oct 2010 23:22:32 -0500
Local: Sat, Oct 16 2010 12:22 am
Subject: Re: [RC] Making the Fair Tax More Fair
I'm not a fan of the wealth tax. Again, for those in the lower middle income range, one is hitting mostly IRA, 401k or 503b accounts, unless they remain tax exempt and I don't see that here. So saving for retirement on your own is penalized. With the state of Social Security and Medicare, should they remain, this would seem to me to be very unwise. Likewise the financial transfer taxes would only hit me when I change investments in my IRA or 401k. So I should be taxed for trying to be a smart investor? Thanks, but no thanks.

I find $4000 in additional property taxes onerous when I already have a combined School, County, and City property tax of about $6000. Do I want to almost double it? Hell no. However, I see with your wealth exemption, my house wouldn't be hit at all. Retirement accounts? Now that's another story.

And the Fair Tax rate that I have seen most often is 21 % or so, so where did 10 come from?

The rest I will have to think about.

David

To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.--Thomas Jefferson

 


On 10/15/2010 2:19 PM, Ernest Prabhakar wrote:
On Oct 13, 2010, at 6:29 PM, David R. Block wrote:
12) Repeal the Income Tax amendment and implement the Fair Tax as put forth by John Linder and Neal Boortz. 

I'm not going to copy from The Fair Tax Book, or the book Fair Tax: The Truth in copious amounts. They wrote the books, and I don't have any problems with it that I have been able to find. 
I'm a big fan of Fair Tax:

http://www.fairtax.org/site/PageServer

http://en.wikipedia.org/wiki/FairTax

But I still have a couple concerns about it, which Billy hints at:

Regressive taxes, how wonderful. Tax the poor to lighten the burden on the rich.
Why didn't I think of that ?
Actually, that's not quite true.  It would actually *reduce* the tax on the poor, especially as it would reduce hidden taxation costs in prices.  It would also help the working poor by eliminating Social Security payroll taxes.

The problem is that it increase taxes on the lower middle class, who spend most of their income but currently pay virtually no income tax.  The rich who invest/save large chunks of their income would generally pay less than they do now.  For example, FairTax Calculator says my family would pay only $30K in taxes, versus close to 100K now:

http://www.fairtaxcalculator.org/index.php

That money has to come from somewhere.  This redistribution would almost certainly lead to economic growth and job creation, but it would still be regressive (except for the very poor).

http://www.factcheck.org/taxes/unspinning_the_fairtax.html

I do think there is a way to fix the FairTax, though:

1. Make a national Sales Tax replace the Payroll Tax

The payroll tax is what hits lower income Americans and complicates hiring.  If we replaced all payroll taxes with a FairTax-like national sales tax of, say 10%, it should achieve most of the economic benefit without becoming overly regressive. At a guess, it should at least reduce taxes for those making less than $75K per year, which seems sufficiently progressive, and gets us into the range of those who pay more on income taxes than payroll taxes.

This still leaves the problem of how to account for Social Security when we only capture spending rather than income, but for now let's assume that's a solvable problem.  

2.  Create a financial tax to replace the income tax.

Most income tax only affects the rich already.  If we are going to tax the rich -- which we have to do, since they have most of the money -- we should do it in a way that encourages appropriate behavior.

What do we want the rich to do? Generate value to the economy, by either working or investing. Including taking risks that the poor and middle class do not. This implies we should penalize the rich for being selfish or safe.

The FairTax would tax all spending from the rich, which is a good first step. Still, a 10% FairTax wouldn't bring in enough revenue. The remainder would have to come from taxing either a) wealth or b) financial transactions.

2a) Wealth Tax

If we don't want to penalize investments, a "wealth tax" means taxing either property or savings (defined as FDIC insured).

We could model this on FairTax, in that we set a baseline exemption based on the federal poverty level:

http://aspe.hhs.gov/poverty/09poverty.shtml

To convert income to wealth, use the treasury rate.  For example, if the poverty level is $10,000, and the treasury rate is 5%, then the "wealth exemption" is $10K/.05 = $200,000.  

To obtain a "fair" tax rate, I propose again indexing to 10% of the treasury rate, e.g. 0.5% for a treasury rate of 5%.

For example:

* a $1 million home would have $800K taxable, which at 0.5% comes out to $4,000 per year.

* an individual with the maximum 250K in FDIC-insured deposits across two banks ($500K) would have $300K taxable.  They would pay $1,500 a year on a national wealth tax, which effectively reduces their interest from ~1.25% ($6,250 per year) to 0.95% ($4,750).  Annoying, but hardly devastating, and a good stick for prodding the rich to take riskier or longer-term investments to earn better yields.

I have no idea whether a national property tax would be legal, but making it legal would be a fair exchange for repealing the 16th amendment. :-)

http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States_Constitution

2b) Financial Instrument Tax

I was intrigued by Billy's proposal a few years ago for a tax on financial transactions.

http://en.wikipedia.org/wiki/Financial_transaction_tax

The simplest and most effective (and FairTax-like) would probably be some kind of Transfer Tax, paid by the seller (to encourage holding investments longer):

http://en.wikipedia.org/wiki/Transfer_tax

Apparently we had one as late as 1966 of 0.4%, for stocks:

The United States had a tax on sales or transfers of stock from 1914 to 1966. This was instituted in The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38 Stat. 745)), in the amount of 0.2% (20basis points, bps). This was doubled to 0.4% (40 bps) in 1932, in the context of the Great Depression, then eliminated in 1966.
It's been reconsidered recently, but never went anywhere:

http://online.wsj.com/article/SB125512957855977163.html

Unfortunately, at the tax rate we are proposing (0.5%), it would (inferring from that article) only raise around $500B, vs. the $1250B from corporate and individual income taxes we need to replace.

http://en.wikipedia.org/wiki/2010_United_States_federal_budget

We could increase that by covering more than just stocks, but I suspect there isn't much other wealth out there to tax.

I am also worried about pushing that rate higher, as capital is even more flighty than people. Taxing transactions at too high a rate risks killing the financial industry; we only want to maim it, so it can't run as fast. :-)

Perhaps if we had a low (0.5%) rate for direct asset transactions (e.g., stocks) but doubled it for indirect (e.g., derivatives) it would do better, and also dampen speculation.  Of course, it could have the perverse effect of making
...

read more »


 
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Ernest Prabhakar  
View profile  
 More options Oct 20 2010, 4:52 pm
From: Ernest Prabhakar <ernest.prabha...@gmail.com>
Date: Wed, 20 Oct 2010 13:52:43 -0700
Local: Wed, Oct 20 2010 4:52 pm
Subject: Re: [RC] Making the Fair Tax More Fair

Hi David,

On Oct 15, 2010, at 9:22 PM, David R. Block wrote:

> I'm not a fan of the wealth tax. Again, for those in the lower middle income range, one is hitting mostly IRA, 401k or 503b accounts, unless they remain tax exempt and I don't see that here.

I'm only proposing a tax on FDIC-insured savings accounts over, e.g., $200K.  *All* investment would be tax exempt, except at the end when you cash it out, and then only a small percentage. And anyone with over $200K in savings is probably no lower-middle income. :-)

> Likewise the financial transfer taxes would only hit me when I change investments in my IRA or 401k. So I should be taxed for trying to be a smart investor? Thanks, but no thanks.

We have to tax something.  And if you're a smart investor, you should only shift your funds when there's a noticeable upside (greater than 0.5%).  

Yes, this introduces friction into the market, so making small shifts to gain razor-thin margin advantages will become impossible. But it hurts institutional and professional investors (and day traders) far more than your typical individual.  More patient capital seems a very good thing overall, and the elimination of capital gains should make this a very small price to pay for most people.

> I find $4000 in additional property taxes onerous when I already have a combined School, County, and City property tax of about $6000. Do I want to almost double it? Hell no. However, I see with your wealth exemption, my house wouldn't be hit at all. Retirement accounts? Now that's another story.

No, the same story.  See above.

> And the Fair Tax rate that I have seen most often is 21 % or so, so where did 10 come from?

By assuming we can capture half the revenue from stock transactions and a wealth tax, to make things progressive but still simple.

-- Ernie P.


 
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