Geithner’s Tax Troubles: There’s Much More, and the Press Is Virtually Ignoring It

Photo of Tom Blumer.

GeithnerIdunnoLOL0109.jpgSometimes you learn a lot from commenters.

I was going through the comments tonight at my Pajamas Media column about the Geithner nomination that went up earlier today, and came across this at Comment 39 from "Mike M":

The deduction he took for the summer camp as a day care expense is EXPRESSLY PROHIBITED IN THE IRS CODE! That’s out and out tax fraud. Even Leona Helmsly (sic) is jealous in her grave ....

Summer camp!?

It turns out that there is a lot more to the Geithner story. It has been sitting right there in details that were made public last week, but were mostly ignored by the Washington press. While the amounts involved aren't anywhere near as large as those relating to Geithner's self-employment taxes from 2001 through 2004 on his earnings at the International Monetary Fund -- taxes he didn't pay until audited by the IRS (2003 and 2004) or until just before his nomination was announced (2001 and 2002) -- they are nonetheless revealing, infuriating, and disturbing. They make the claims of "honest mistakes" that his defenders up to and including Barack Obama continue to employ look much, much weaker (paragraph image is from Pages 3 and 4 of the relevant report stored here as a PDF; a larger JPEG image is here):

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GeitherAddlTaxProblemsSmall0109

Let's start with the 10% early withdrawal penalty. One of the dumbest things anyone saving for retirement can do is to withdraw, or "cash in," part or all of their tax-deferred retirement plan balance. When someone does that, they have to report the amount withdrawn as taxable income to Uncle Sam and most states (including Maryland, where Geither apparently lived during his years with the IMF). On top of that, the taxpayer has to pay a penalty of 10% of the amount withdrawn. It appears that Geithner reported the amount withdrawn as income, but "forgot" to pay the penalty.

Once again, something Geithner and his supporters want characterize as an "honest mistake" looks like tax evasion. It is virtually inconceivable that a financial guy like Geithner would not have learned about the penalty on tax-deferred retirement plan withdrawals in his 20-plus year career. His failure to record and pay the penalty on his return is more than mere negligence.

But this situation goes beyond tax evasion, and provides a possibly troubling window into Geithner's personal financial situation.

Congress created the current taxable treatment of withdrawals, and added the 10% penalty, to prevent retirement savers from whimsically liquidating funds meant to be used during one's golden years. It forces those who go this route to pay a very steep price in hopes that they will be deterred (all too many aren't).

Since it is mentioned first in the report, I suspect that the penalty represents the largest element of the $4,334 of tax that was not paid. If the penalty was, say, $2,000, this would mean that Geithner withdrew $20,000, and paid about $7,000 in federal and state taxes (assuming federal rates of 28% or 33% plus roughly 5% for Maryland). If he had paid all of his taxes and the penalty on time, Geither would have ended up salvaging about $11,000 of the original $20,000. Since he didn't pay the penalty until audited, he initially came away with $13,000.

Considering the impact, you don't withdraw a retirement-plan balance as Geithner did unless you're financially unsophisticated (supposedly not the case here; after all, the New York Times's Andrew Ross Sorkin called him "a 47 year-old wonder boy"), or unless you're in very difficult financial straits. What caused him to do something so financially dumb?

Perhaps the answer lies in the second item, the recapture of the Section 179 depreciation deduction in a discontinued business. What happens here is that tax law allows a business to immediately deduct expenditures on capital equipment that would ordinarily have to be depreciated (i.e., gradually deducted over time). But if the taxpayer does that, the business needs to keep and use the equipment over its estimated useful life. If that doesn't happen, either because you sell the equipment or go out of business before the end of its estimated useful life, you have to "undo" a certain percentage of the deduction originally taken, and pay tax on that amount.

This amount of tax involved may be minor, but the larger question is whether Geithner lost money on a business venture, and how much. There's obviously nothing wrong with that, but it would be nice to hear what happened, and how much it might have cost him.

If business losses didn't cause him to withdraw retirement-plan money, what did?

Let's skip the next few items and go to the final one, the dependent child care credit. As Pajamas commenter "Mike M" said, the IRS's explanation is very clear cut (bold is mine):

Parents Can Get Credit for Sending Kids to Day Camp

Here’s a tax break for the busy summer. Many working parents must arrange for care of their children under 13 years of age during the school vacation period. A popular solution — with a tax benefit — is a day camp program.

The cost of day camp can count as an expense towards the child and dependent care credit. Expenses for overnight camps do not qualify. If your childcare provider is a sitter at your home or a daycare facility outside the home, you'll get some tax benefit if you qualify for the credit.

This Geithner gambit caused the Washington Post's Marie Cocco to hit the roof last week at the paper's Post Partisan blog:

It’s the sleep-away camp that goes beyond the definition of simple mistake.

..... It’s the audacity that’s the problem.

Millions of families do without decent child-care for their children while they’re at work. Millions send their kids to untrained and unlicensed daycare providers. Some put older siblings -- kids who are ten or twelve, sometimes younger -- in charge of younger brothers and sisters. The child-care tax credit is a small and hardly adequate way in which a limited portion of expenses can be recouped, but only if they’re incurred when parents are working or looking for work.

Sleep-away camp sure doesn’t count. It’s a luxury for affluent kids, not a necessity the taxpayers subsidize. ..... this one reeks of something worse than sloppiness. It’s that sense of entitlement we’ve seen all too often.

If this is all news to you, it's not your fault. As far as I can tell, with the exception of Cocco's critique and this January 21 Bloomberg article, the Associated Press, the New York Times, and other media outlets haven't mentioned any of this.

The non-coverage excuse that the amounts involved are relatively trivial compared to Geithner's self-employment tax problems simply doesn't fly. There's a 15-year record of nonpayment of taxes, including frequently failing to pay them even when advised that they are due; deduction-mongering ranging from overly aggressive to obviously wrong; and a terribly expensive retirement plan-related financial move that is ordinarily a telltale sign of financial distress. To use favored media phraseology, we're seeing a "disturbing pattern that leaves many questions unanswered."

Not the least of those questions is why Barack Obama, if he really knows all of these things, wants Geithner so bad, and is willing to risk his own credibility and his perceived squeaky clean reputation among a large percentage of the populace (yeah, I know it's undeserved, but it's there) to get him.

It would be nice if the press and/or cowed Republicans would hold the hosannas long enough to find out.

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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This makes me really upset.

This makes me really upset.  Whatever happened to that crap Obama raved on about "everyone paying their part" in regards to taxes?  If I had done these things Geithner did, I would be sitting in a cell right now!

Not only that....

If this were a Republican nominee, he wouldn't even have gotten as far as hearings; he would have been forced to withdraw already.

Charlie Rangel is another one who would have been harrassed into resigning.

It is virtually inconceivable that a financial guy like Geithner would
not have learned about the penalty on tax-deferred retirement plan
withdrawals in his 20-plus year career. His failure to record and pay
the penalty on his return is more than mere negligence.

Shoot, even I knew that, and I am not very tax-savvy.  It's one of the first things you learn when you start a 401K!!! 

But, as always, anything done by The Obama will be whitewashed by the media.  Apparently they are channelling Richard Nixon; their attitude is "if he's picked by this President, he can't be unworthy."

 

 

This wasn't news to me.

This wasn't news to me. Everyone knows, well except the MSM (I suspect they know but choose to ignore it). 

My predicition?  If Geithner is confirmed by Senate tons of Americans will make the 'honest mistake' of not paying/CHEATING on taxes on April 15, 2009. What's good for the goose...

LOL-Looks like Geithner shoulda been a FairTax supporter.

If the republicans don't start pitching a major bitch-fit about this crook, and instead give him the same pat on the head they did with Broom Hilda yesterday, then to hell with them.

This man has no business in government, in any capacity.

-Dave

“Them that’s going get on the wagon. Them that ain’t get out of the way.” -While there is still time.

We already have one

We already have one cheater, Charles Rangle, on the House side, if Geithner is confirmed as a Cabinet Level Cheat of the IRS, then I'm sure I'm not expected to pay anymore taxes either.

 

 

 

Tax Court

I think Sean Hannity has it right. This will become a new defense in Tax Court. If your boss can do it, so can I.

The coming tax revolt is not going to be pretty for Pres. Obama ( I cannot believe that I am finally having to say those two words , Pres. Obama, together. Bleh! )

Pathetic......

This is the Change we were promised?

www.ScottOnCapeCod.com

"Most men lead lives of quiet desperation"... until they get fed-up enough to finally say something about it!

Take Out the Trash

This guy is a piece of trash and needs to be thrown out.  Let's see, if any of us "regular" folks were to not pay taxes for a few years, take a few unauthorized deductions, and just generally screw the IRS, whether intentionally or not, how long would it take the IRS to be knocking at our doors?  I have a rich acquaintance, a doctor who made his fortune buying land after WWII, who ran into difficulty with the IRS because he somehow didn't pay what he was supposed to on some of his properties.  Don't know the details, but he always said he didn't even know he owed the extra until they were at the door.  He ended up spending about a year in prison over it.

This joker was getting notices from the IMF that detailed his liabilities and we, who would be in prison if we did the same, are supposed to believe it was a mistake?  And this is the guy, an already admitted felon (by virtue of admitting that he did it, he's sorry, he won't do it again, and let him pay it back real quick so he won't be in trouble), who is in line to be the head of the IRS???

Good job, Tom.  I hope you and all the alternative media keep working this.  We need you now more than ever.

"The future is not set.  There is no fate but what we make for ourselves."

michaelyon-online.com

Liar liar

Obama has lied his way to the top. Please don't expect him to hold anyone but his opponents responsible for their actions.

D

Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.

§Don'tFeed...I agree!!

Thing is...

....We Will!!!!

Ster.

My mind is a raging torrent, flooded with rivulets of thought cascading into a waterfall of creative alternatives.

"JG WENTWORTH" Geigthner "IT'S MY MONEY ...

... AND I NEED IT NOW!!!

http://www.youtube.c...

BTW - This is a SCAM.  One of the comments is GREAT "It's your money and I need it NOW".   HILARIOUS!

If this dip is confirmed.....................

I will truly know that ethics in this society has died and will plan on attending the funeral.

I posted these on W.T.H.'s blog a while back, but will repeat them now.

CODE OF ETHICS FOR GOVERNMENT SERVICE 

Any person in Government service should: 

1. Put loyalty to the highest moral principals and to country above loyalty
to Government persons, party, or department.

2. Uphold the Constitution, laws, and legal regulations of the United States
and of all governments therein and never be a party to their evasion.

3. Give a full day's labor for a full day's pay; giving to the performance of
his duties his earnest effort and best thought.

4. Seek to find and employ more efficient and economical ways of getting
tasks accomplished.

5. Never discriminate unfairly by the dispensing of special favors or
privileges to anyone, whether for remuneration or not; and never accept for
himself or his family, favors or benefits under circumstances which might be
construed by reasonable persons as influencing the performance of his
governmental duties.

6. Make no private promises of any kind binding upon the duties of office,
since a Government employee has no private word which can be binding on public
duty.

7. Engage in no business with the Government, either directly or indirectly
which is inconsistent with the conscientious performance of his governmental
duties.

8. Never use any information coming to him confidentially in the performance
of governmental duties as a means for making private profit.

9. Expose corruption wherever discovered.

10. Uphold these principles, ever conscious that public office is a public
trust.

[Source: U.S.
House of Representatives Ethics Committee
]

P.S. Adopted in 1958 

http://usgovinfo.abo...

Oh, surely, those are meant

Charles Rangel....call your office!  LOL

Oh, surely, those are meant to be just "guidelines"......you know, like the "living" Constitution.....

There are only two possible conclusions here

1) He is a financial incompetent which is how these unintentional stupid "mistakes" were made.

2) He is a liar and a cheat and tried to get away with income tax fraud.

Either of these two conclusions completely disqualify him from being Secretary of ANYTHING, let alone the Department of the Treasury.

Hey, I got the wrong "CHANGE"!

Alan Keyes / Sarah Palin - 2012

I'll do it

I'll e-mail the IRS and tell them that if this cheater gets the job I won't pay my taxes. Let's flood them with e-mails. Boston Tea Party, anyone?

In order to be pro-choice, one must first be born. Ah, the irony.

The real problem is

The real problem is why they want to confirm this guy (Both Democrats and Republicans) is because all the Players on Wall Street and the Financial world want him. I say this is the real reason he should not be appointed. It was the so called Wizards of Wall Street and the Financial Guru's who really brought us this mess. No amount of regulations, no amount of oversight can overcome the Greed and Avarice that exist in todays Markets. They are the ones who created the Financial Instruments (Used PHD Matamaticians) so complicated that that no one can figure out the real worth of these Instruments leading to a loss of convidence in the whole thing. If we could simply figure out where the bad money is it would only cost a fraction of what will probably have to be spent on the bailouts. This makes me so sick. What we need is someone with absolutely no ties to this at all. If Wall Street wants him I think that should be an automatic disqualifier.

What we have now is that he will probably be confirmed. The down turn in our economy will be worse as a result. The Big BOys will get a Bailout. Thier wealth will be protected while the rest of us pay for it. Great Job Guys. Vote All The Bums Out.

All of the commenters

"get it", why can't the geniuses in Washington?  It's a NO BRAINER that for your money-man, you need someone squeaky clean with top-notch ethics, at any time in history but especially now.  They keep saying "Oh but he's so smart.."  So what?  There's lots of smart finanacial people all over the place.  How about someone who had to make a payroll once or twice? 

 

Washington is the problem

The Big Boys in Washington are the problem. Long ago they have stopped representing us. They represent instead those who contribute big money and influence. The system is broken. That is why I have come to the conclusion that if We The People want to take back control of our country that there can only be one solution. Never ever re-elect anybody. It is impossible to separate the wheat from the chaff in Washington. The Influence peddlers and staffers are really in charge. They are the ones writing the laws, not the representatives and senators. Representatives and Senantors are interested in only one thing, getting re-elected. Politicians need to understand they hold a temp job. Politics should not be a career.

Grandpa...

would have described this guy as "Just another hi falutin' chisler". Later, when I was older, he would have included several profane adjectives.

Gheesh, this guy personifies the monied elite that liberals love to hate. (Well, at least the "little liberals" hate them.)

We need someone to manage the treasury? Hell, find a single mom with three kids and two jobs. She'd straighten things out real quick.

Yesterday, I heard some pundit say...

...that Geithner would get a pass because Obama needs a real "wiz kid" at Treasury.

Excuse me, but it seems to me that much of the current economic mess is largly due to morally compromised "wiz kids" in power.

I really don't think we need another one who's so willing to play fast and loose with the tax code in that position. 

Sure he's a tax cheat, but..

As a tax professional I can certainly see this issue being used as a springboard for a lot of people to see what they can get away with but the IRS WILL NOT see it that way.

Geithner did, eventually, pay the taxes that were due and, presumably, any penalties and interest due on the understatement of liability. The IRS will be more than happy to remind anyone that tries using Geithners actions as a defense of this fact as well. Maybe it's just me but I HATE the idea of giving the government so much as one red cent more than I am obligated to and thus try to avoid these little "screw ups" at all cost.

Family Connections

 What is the deal with Geithner's father and Hussein Obama's mother worked together with "micro loans" in Indonesia years ago? I thought she was a touchy feely anthropoligist type (who went a little too far exploring the sexual side of minority cultures she was studying)......  Hussein's grandmother was also in banking and loans? Who exactly is Hussein Obama?

Tusconican,

I heard they waived the penalties and interest.  Maybe I'm wrong.  This whole thing disgusts me and it looks like he's going to get through.  You know, I'm an accountant too, Tusc, and I place ethics at the very top of my list of values.  Is it too much to expect from someone running the damned Treasury???  (I'm not attacking you, just venting).

Everything feels like it has the sticky grimy film of Chicago all over it. 

You are correct .....

.... about the penalties, but I believe incorrect about the interest (or at least some of it, based on this post).