AP's 'Q&A' on Geithner's Taxes Has Excuses Galore, No Mention of 'Reimbursements' Pocketed

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ObamaAndGeithner0109.jpgThe Associated Press's record of running interference for Treasury Secretary nominee Timothy Geithner continues mostly unabated.

My chronicle of AP's largely weak coverage, most of which has been previously detailed at NewsBusters (here, here, and here), is at the end of this post.

No AP report I have seen has noted that Geithner applied for and merely pocketed partial "reimbursements" from the International Monetary Fund for payroll/"self-employment" taxes. He signed IMF forms saying that he had paid or would pay those taxes. He didn't pay up for 2003 and 2004 until his returns were audited. He more than likely never would have paid up for 2001 and 2002 if he had not been nominated, even though a strong case could be made that he engaged in tax evasion.

These aspects of Geithner's tax situation, if widely known, would, I believe, cause the average taxpayer to object strongly to the very idea of his nomination. AP's alleged journalists appear to believe that this cannot be allowed to happen.

AP Personal Finance writer Dave Carpenter, in a mostly Q&A piece with a really weak title ("Meltdown 101: US tax laws can even foil the pros"), continued the silence on pocketed reimbursements yesterday afternoon (stored here for future reference). He also seems to have found every excuse for Geither except "the dog ate my W-2":

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If Timothy Geithner can get confused over the laws governing the withholding of tax, anyone can, experts say.

U.S. tax laws are particularly complicated and full of land mines for the unsuspecting, as everyone from the Treasury secretary nominee to self-employed business owners and average taxpayers can confirm.

The Association of Chartered Certified Accountants, the global body for professional accountants, views the U.S. tax regime as one of the world's most complex, according to Chas Roy-Chowdhury, London-based head of taxation.

"Even tax professionals could get it wrong," he said, referring to the requirements involving self-employment taxes that tripped up Geithner as well as U.S. tax law in general.

..... Geithner failed to pay self-employment taxes for money he earned from 2001 to 2004 while working for the IMF.

He paid some of the taxes in 2006 after an IRS audit discovered the discrepancy for the years 2003 and 2004. But it wasn't until President-elect Barack Obama selected him late last year to head Treasury that he paid back most of the taxes, incurred in 2001 and 2002.

..... Numerous tax experts say they understand how he might have either gotten ensnared by or overlooked the arcane IMF-related filing requirements. Some note that the tax filing advice given to IMF employees is voluminous and complicated.

Don Williamson, an accountant and professor of taxation at American University's Kogod School of Business, calls Geithner's actions "negligent and perhaps reckless." But he says he deserves at least a partial pass for the faulty 2003 and 2004 returns, since that involved a technical matter his tax preparer should have known about.

..... Rather than an error, this is more often a case of people learning when they start filling out their tax forms that they owe much more than they thought because of self-employment, according to Mel Schwarz, a partner with accounting firm Grant Thornton who specializes in tax policy.

"It is easy to miss and it can cause a real panic if you don't realize your liability until the last minute," Schwarz said. 

Lord have mercy, the journalistic trickery and fact-avoidance at AP is piling up faster than yours truly can dispose of it.

First, note that the AP's Carpenter went overseas to get comments about US tax law. Why didn't he go to the AICPA (American Institute for Certified Public Accountants)? Because in earlier AP reports, the Institute's Vice President of Tax, Tom Ochsenschlager, wasn't giving AP the Geithner-excusing answers it seemed to be looking for.

Second, only the first AP report by Brett Blackledge on January 13 noted that Geithner has had problems relating to self-employment taxes going back 16 years to 1993. Though the earlier matters concerned wages paid for domestic help, the fact is that Geithner has known about the nuances of self-employment taxes for a really long time. As I said yesterday at BizzyBlog:

If anyone in America should have been familiar with the fact that Uncle Sam demands an extraction of 15.3% for Social Security and Medicare on the vast majority of wages paid (the only exception being earnings above a certain level that are exempt from Social Security but not Medicare taxation), it’s Timothy Geithner.

Third, Carpenter said nothing about why Geithner didn't pay his 2001 and 2002 taxes until just before his nomination was announced. Here's my take:

I speculated a couple of days ago that this was because the normal statute of limitations for the IRS to question a return, which is three years after the date a return is filed, had expired. Subsequent press reports have confirmed this to be the case.

The statute of limitations tactic, while perhaps defensible for ordinary, tax-ignorant filers of limited means, doesn’t fly with Geithner. For him, it amounts to a “Nyah, nyah, you didn’t catch me quickly enough” taunt.

Much more important, the normal statute of limitations cop-out should not have applied. That’s because, as I noted on Wednesday, “The statute of limitations does not apply in the case of a false or fraudulent return with intent to evade any tax.”

Intent is often difficult to determine. But if leaning on the statute of limitations is a valid defense, why did Team Obama force Geithner to pay up before his nomination?

Answer: They must have concluded that a guy with Geithner’s background, experience, and history of IRS “discrepancies,” should have known, and indeed probably did know, that he was required to pay self-employment tax on his International Monetary Fund salary at the time he filed his 2001 and 2002 returns.

Thus, Geithner paid his taxes in hopes that the subject of tax evasion and the related exception to the ordinary statute of limitations wouldn't be brought up. It should be. Evasion is evasion, and paying the taxes doesn't cure the fact that the evasion occurred. It surely wouldn't for the ordinary citizen.

At National Review, Byron York, following up on his Wednesday post that was primarily about Geithner's chronic four-year failure to forward IMF "reimbursements" to the IRS, made these refuting points on Friday about Team Obama's "common error" contention (bolds are mine):

But that figure (that as many as half make return mistakes) appears to be a significant exaggeration of the specific situation at the International Monetary Fund, where Geithner worked. “There’s not a high incidence of non-payment of taxes,” Bill Murray, an IMF spokesman, told me Thursday. “We have a very low incidence of that here.”

..... staffers for the Senate Finance Committee interviewed an official at the IMF as part of their Geithner research and were told that problems such as Geithner’s occurred perhaps once a year. Given all that, it’s probably more accurate to say that Geithner-like mistakes by high-ranking IMF officials are not only not common, but seem to be quite rare.

..... According to knowledgeable sources, Geithner, when he prepared his original 2001 return, reported that he would make a pension contribution. He later decided not to make that contribution and therefore needed to file an amended return. He approached an accountant for the specific purpose of changing the pension contribution entry and filing the amended return. It appears that Geithner gave the accountant the tax return, but no underlying documentation.

Senate staffers have talked to the accountant and have concluded that the accountant approached the task narrowly—he fixed the pension line and filed the amended return. It could be that Geithner thought the accountant gave the return more careful scrutiny overall, but it seems doubtful that the accountant gave Geithner’s return a clean bill of health, as the transition office implied.

Even though a lot of damning information about Geithner's situation is known already, important, pertinent, and easy-to-understand facts are still being kept from general view by AP writers, most of whom seem bound and determined to drag this guy over the finish line at any cost.

AP writers covering for Geither and his presumptive boss should be careful what they wish for. As I wrote yesterday:

I don’t know whether Barack Obama is aware of the full extent of his nominee’s self-evident tax evasion, up to and including the IMF notifications, the IMF reimbursements, and Geithner’s false attestations that he had paid these taxes. But if he is, his ringing defense of Geithner should cause the American people to question the president-elect’s fundamental judgment and capacity to lead.

For some reason, I don't think most of the alleged journalists at AP would like to see that happen.

************

Partial Chronicle of AP Geithner Reports (articles are stored at host for fair use and discussion purposes):

  • Brett J. Blackledge; time-stamped 10:41 p.m. on Tuesday, January 13 (saved here, as are other articles, for fair use and discussion purposes, as the original link has since changed) -- This turns out to have been the most complete report the wire service has done thus far, including by far the best headline ("Geithner failed to pay self-employment taxes").
  • Julie Hirschfeld Davis; January 14, 3:33 a.m. ("Tax problems may plague Obama's treasury pick"; stored here) -- Davis removed many important details in Blackledge's piece or pushed them to later paragraphs, and dutifully reminded us that Geither is "regarded as a brilliant financial markets specialist well-positioned to deal with the nation's considerable economic problems."
  • Davis; Wednesday, January 14, 3:19 p.m. report ("Obama: Geithner situation an 'embarrassment'"; carried at Breitbart, whose posts usually stay up indefinitely) -- This report includes Obama's ringing defense of Geither ("Look is this an embarrassment for him? Yes. He said so himself. But it was an innocent mistake. It is a mistake that is commonly made for people who are working internationally or for international institutions."). Davis's 27th and final paragraph finally noted that "the IMF issues several clear guidelines each year for its employees detailing their responsibility to pay all their self-employment taxes, and that Geithner had signed annual statements saying that he would do so."
  • Davis; January 15, 3:13 a.m. ("Geithner slowed, not stopped by tax problems"; stored here) -- Davis seemed more interested in chronicling Geithner endorsements from go-along Republicans, and did nothing to advance the substance of the story, even though quite a few new pertinent facts had surfaced.
  • Blackledge; January 15, 11:18 p.m. ("Delayed hearing means more criticism for Geithner"; stored here) -- Blackledge once again acquitted himself relatively well, taking note that Geither's "is becoming a national punchline for late-night comics," that constituents objecting to the nomination have been contacting their senators, and that "Newspaper editorials are stacking up." He even noted that Geithner's last-minute payment of 2001 and 2002 taxes is "a fact that's puzzling in light of arguments that Geithner's actions were simply 'honest mistakes.'"

Cross-posted at BizzyBlog.com.

—Tom Blumer is president of a training and development company in Mason, Ohio, and is a contributing editor to NewsBusters


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Where

Where did all these so called tax professionals go to school? I have always done my own taxes and have never had a problem. Yes, it does make onerous paperwork every quarter, but even someone with a little common sense can keep current.

This guy is nothing less than another DhimmicRATcrook and scoflaw being palmed off on the American people 

Let me see if I got this

Let me see if I got this correct on 'grossing up.' The IMF provided additional gross income to be used by the employee to help pay his FICA taxes. The intent seems to be that the employee would not be liable for paying both halves of the FICA and was encouraged to match the IMF contribution and send in both amounts when filing his taxes. Thus Geithner, by not paying any of the FICA taxes, basically pocketed both his contribution and the employers. The 'grossing up' payment was not his to keep. Basically he double-dipped from the taxpayers and from his employer.

I read the PDF file on the Senate evidence which included the booklet explaining the 'grossing up' procedure. It was surprisingly coherent about the necessity of calculating and paying FICA taxes. The Instructions for Form 2441 (Child and Dependent Care Expenses) states 'You can include the cost of a day camp, even if it specializes in a particular activity such as soccer. But do not include any expenses for sending your child to an overnight camp, summer school, or a tutoring program.'

I also remember having to get the Provider ID from my daycare provider when I filled out the Form 2441. If summer camps don't qualify for child care credit then just what number did he put in the box on the form?

Are we sure we want to have as Sec of Treasury a man who seems to have never 'Read the Freaking Instructions" or thinks that they somehow don't apply to him?

Yeah .....

Basically he double-dipped from the taxpayers and from his employer.

More like, "he stole from the taxpayers and from his employer."

He had signed on the line...

The 'grossing up' payment was not his to keep.

I think you summed it up well. My simple understanding of the situation is that the IMF calculates the tax burden and pays the likes of Gethner the equal amount and in doing so requires the recipient to sign a form declaring that they had received the funds and would (or had, little fuzzy) pay the money to the IRS.

So Geithner can't blame an accountant to the extent that he had to personally sign the declaration.

The biggest problem conservatives have is the media and it's blatant refusal to report the facts if the facts will damage the Dems/Libs.

As much as I hate to admit it....

....I have to applaud the Kool-Aid drinking liberal Mark Shields.

He was on a local talk show here in DC with Krauthammer and Totenberg, and totally trashed Geithner. He hammered (no pun intended) Krauthammer for saying that this was a relatively small matter given how brilliant and indispensable Geithner was to solving the financial mess we are in.

IMHO Krauthammer is totally wrong on this.  If Geithner is so indispensable, fine.  Put him in charge of TARP, but put someone with a clean tax record at the top at Treasury.

→ I missed it

I like Krauthammer, but on this issue?  He doesn't have a leg to stand on.

  • LYDSEXICS UNTIE!

Earlier in the week...

....Krauthammer said the same thing on the Fox All Stars.

CA

That was in poor taste...like "Stand Up Chuck". 

 

 

→ Busted

I thought I could slide on that one.

  • LYDSEXICS UNTIE!

Nope, cool

I cringed a little on that, myself. Chuck, as a typical "Washington bubble" Republican, is being his usual wishy washy self. Everyone that knows Geithner from that group, thinks he is the only one to solve this mess. He might do a great job, I don't know, but I refuse to believe he's the only person that can handle the job. And as far as I can tell Geithner is not just being ingenuous, he is a liar, and a thief. How could that posssibly bode well for us?

 

Bringing the government in to run Wall Street is like saying, "Dad burned the dinner, let's get the dog to cook." PJ O'Rourke

→ Geithner is a HERO

Leading by example, Geithner has shown us the way out of this financial mess.

GIVE YOURSELF A UNILATERAL TAX BREAK

Brilliant!  Academia will cover this case study for years to come.  What's the diff if you get caught?  Pay them late!!!

  • LYDSEXICS UNTIE!

Geithner a Crook

Geithner didn't 'make mistakes' as The One claimed; Geithner is a tax cheat and a crook and should be prosecuted. Instead the liberal media tells us that this 'mistake' happens all the time (it doesn't) and that it is because of the complexity of the tax code (yes it is overly complex but not wrt this point!).

If The One really wants to convince me that he represents a new kind of government, he will order a tax audit of all of his appointments, and recommend that Congress does the same, both parties.

I fear that someday we will have an income tax revolt in our country, and it will come when we 'little people' realize that we are the only ones expected to follow the rules.

Just His Taxes?

Why has no one questioned Geithner's qualifications?

As New York Fed chief, he had almost daily interaction with Lehman Brothers, Merrill Lynch, and CitiBank as they slowly disintegrated.

Geithner also backed Bernanke and Greenspan when they chose to keep short term interest rates extremely low for extremely long periods of time, which allowed major institutions to finance much of the speculation that occurred in commodities and mortgages. 

Geithner also backed Bernanke and Paulson when the AIG bailout was proposed.

Today, Democrats condemn Bernanke and Paulson for their lack of foresight and for almost every decision those two have made since the financial crisis began.

Arguably, Geithner was the number three man on all these issues, yet Obama nominated him, and the Democrats give him rock solid support.

Either that is pure ignorance, or pure hypocrisy, and not one word of challenge from the major media or from CNBC, which is allegedly the "World's Business Channel."

Incredible. 

This low-life sludge is a

This low-life sludge is a thief.

Nothing more, nothing less....

Yet we have repubs all over the place defending him too.

Years ago people like these were hung.

As he should be.

...and this is who we need as TS...I think not.

People need to call their representives in huge numbers. 

Don't pay your your taxes folks if he gets in.

If people did that in great numbers...he would be gone, congress would have NO CHOICE but to listen to the voices...or be gone too...every single one of them that continue to support this thief.

After-all this is how they make their living.

I know I'm dreaming...but if this really did happen...it would work.

Reminder to our Secretary

Reminder to our Secretary of the Treasury to be…. your 4th Qtr 2008 estimated tax payment was due this past Thursday.

For the two liberal arts majors at my house who do their own taxes and make estimated tax payments, Geithner’s behavior looks like nothing short of tax evasion.  And if Geithner did not understand the obvious, he’s too dumb to be leading the Treasury Department.

I guess

When Junior told this guy aw, I guess you better pay up before I announce you--was that pay to play?