Thomas Piketty3 360x1000
Samuel Johnson 360x1000
1madoff
George F Wil...360x1000
Office of Chief Counsel 360x1000
4albion
Margaret Fuller 360x1000
Anthony McCann1 360x1000
2defense
Maria Popova 360x1000
Ruth Bader Ginsburg 360x1000
Learned Hand 360x1000
199
1lauber
2jesusandjohnwayne
AlexRosenberg
1gucci
Edmund Burke 360x1000
10abion
storyparadox3
13albion
Thomas Piketty1 360x1000
3theleastofus
2paradise
14albion
1defense
2trap
1lookingforthegoodwar
Mary Ann Evans 360x1000
3confidencegames
Margaret Fuller4 360x1000
8albion'
Richard Posner 360x1000
399
2lookingforthegoodwar
7confidencegames
9albion
Storyparadox1
1albion
Brendan Beehan 360x1000
2lafayette
Thomas Piketty2 360x1000
299
7albion
1confidencegames
499
Margaret Fuller5 360x1000
1paradide
Anthony McCann2 360x1000
storyparadox2
Tad Friend 360x1000
Margaret Fuller2 360x1000
5albion
lifeinmiddlemarch2
3paradise
Lafayette and Jefferson 360x1000
Maurice B Foley 360x1000
11albion
2falsewitness
2gucci
1falsewitness
1lafayette
Margaret Fuller 2 360x1000
George M Cohan and Lerarned Hand 360x1000
11632
Susie King Taylor 360x1000
12albion
2confidencegames
Margaret Fuller1 360x1000
1transcendentalist
6albion
Betty Friedan 360x1000
5confidencegames
lifeinmiddlemarch1
6confidencegames
James Gould Cozzens 360x1000
3albion
2transadentilist
1empireofpain
2albion
4confidencegames
1theleasofus
Adam Gopnik 360x1000
Susie King Taylor2 360x1000
1trap
LillianFaderman
Margaret Fuller3 360x1000
Mark V Holmes 360x1000
2theleastofus
Stormy Daniels 360x1000
3defense
1jesusandjohnwayne
Spottswood William Robinson 360x1000
Gilgamesh 360x1000
Originally Published on forbes.com on January 20th, 2012

______________________________________

Criticizing Romney for paying an average rate of 15% is ridiculous.  Given that his main source of income is venture capital, it would have been surprising if it was anything different.  Most businessmen I know think it is irresponsible to overpay your taxes.  I suspect that this is close to a universal sentiment.  Learned Hand said it best:
Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.
As my esteemed editor Janet Novack has pointed out, under the Gingrich plan Romney’s rate would be more like 0%.
Cure is Worse Than the Disease
“Carried interest” is sometimes characterized as a “loophole”.  I would like there to be a rule that anybody who wants to talk about carried interest who does not understand partnership taxation and is unwilling to learn, should just shut up.  Here is a good question to ask somebody who acts as if they know about “carried interest” ? What Code Section has to be changed to fix the problem ?  It is a trick question.  The proposed fix is a new section.  Proposed Code Section 710, in this particular manifestation, runs three thousand words and in the opinon of former ABA Tax Section Chair Charley Egerton :
The bulk of the revenue will not come from hedge fund managers.  It will come from mom and pop real estate operators.
The revision of Proposed Code Section 710 in the Jobs Act did not do quite as much collateral damage, but, as I explain here larger venture and hedge funds will probably be able to beat it by tweaking their asset mix.
It is fine to say that Obama opposes “carried interest” and has backed legislation that has no hope of passing, until you actually look at the legislation and realize that it is awful and probably does not address the issue.  If something is a “loophole”, it does not take another 3,000 words to close it.
What Can Be Done ?
If the President really thinks that “carried interest” is such a great abuse, why does he not tell the IRS to address it by regulation ? There is already a Tax Court decision, in favor of a venture capitalist who wanted an ordinary deduction, that might support that decision.  Even if the regulation ultimately did not stand up in court the President would be able to challenge Romney on it in the campaign.  The answer might be hypocrisy.  Putting forth legislation that will not pass is one thing. Actually doing something is another and as Nathan Vardi points out prominent Democrats including the Clintons benefit from private equity.  Personally I do not think the “carried interest” break is that big a deal.  I don’t see that much distinction between it and founder’s stock.  If you really think it needs fixing, though, it is the current President who is responsible.