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

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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.