Financial Arson Watch IV

Posted by Robert | 5/30/2010 01:54:00 PM

Robert Waldmann

Over at Firedoglake "Masaccio" has a very interesting report on a legal complaint by the estate of Lehman Brothers against J.P. Morgan.

on September 9, 2008, JPMorgan insisted that Lehman sign further agreements, under which Lehman guaranteed all obligations of its subsidiaries, including obligations under derivatives, and lost the ability to access its collateral overnight. That jeopardized the capital position of Lehman.

Then JPMorgan demanded even more collateral, finally winding up with some $8.6 billion in cash and liquid securities (paragraph 72) which made it wildly over-secured not only as to the minimal intra-day exposure, but even as to JPMorgan’s share of the unsecured line of credit and any reasonably estimated obligations with regard to derivatives.

On September 12, JPMorgan refused to give Lehman access to its collateral. Lehman collapsed into an uncontrolled bankruptcy, with little cash and less planning.


Why ?

The complaint says that JPMorgan admits that the additional collateral was not needed to cover exposures under existing agreements such as the unsecured loan agreement and the Clearance Agreement. It says that the purpose was to collect “… on the possibility of closing out derivatives contracts on favorable terms in the event of a [Lehman] bankruptcy.”


Mmm sure smells like financial arson to me.

Read the whole thing (Dimon is much more creative than me. The point of the bankruptcy appears to have been to prevent Lehman from paying premiums on CDSs it had bought from JP Morgan causing the contracts to terminate automatically).

Telecoms Deregulation ?

Posted by Robert | 5/30/2010 01:31:00 PM

Robert Waldmann

There seems to be a widespread view that the US experience with deregulation has been mixed. Financial deregulation was a disaster, but airline deregulation and telecoms deregulation were OK (except for how crowded airports are and irritating advertisements by competing phone companies).

What is this "telecoms deregulation" of which you speak.

I absolutely sincerely ask for information. I recall 2 episodes of newly intrusive telecoms regulation.


Holiday sweetness

Posted by Dan Crawford (Rdan) | 5/30/2010 10:54:00 AM

I have been 'doing' the South Beach diet the last three weeks. It is quite amazing how sweet berries, and the occasional small slice of watermelon on this hoiliday week end, tastes. Much better than corn syrup.

PSI?

Posted by Dan Crawford (Rdan) | 5/30/2010 10:06:00 AM

Does anyone have a handle on pounds per square inch of pressure of the flow of oil (mud not heavy enough?) against the pounds per square of sea bed pressure, and then subsequent impact as the flow encounters considerably less pressure the closer to the surface the flow gets?

Update from comments in Oil Drum today:

Reservior quality oil is API 35 (right on edge between light & medium quality crude, few asphaltenes, which make the "best", longest lasting tar balls) with lots of natural gas (3,000 GOS, 10,000 GOS is considered a gas well). The oil emulsifies with water easily, much better than most crude oils.

The reservoir pressure is 13,000 psi. (Temperature only 180 F from one report, unusually cold). 4 weeks ago the pressure was reported as 8,000 to 9,000 psi entering the BOP and just seawater pressure (@ 2,200 psi) + 400 psi exiting the BOP. This implies much more than just a frictional drop up 13,000' of drill string, but some obstruction as well.

Since then sand entrained with the gas and oil has eroded the BOP and BP has stated that new observations of BOP pressures were "surprisingly lower" but gave no numerical data. OTOH, downhole, it is normal for wild wells to pull rocks as well as sand into the bore and clog things up.

However, this specific well has cased for production (later), which is designed to prevent being clogged up by produced rock and sand.

My GUESS is that the pressure drop downhole in the well bore is greater and drop across the BOP lower since Thad Allen leaked the pressure #s.

This also implies that the clogging the holes spewing that we can see does nothing, since they represent just a 400 psi drop. Raise that to 1,000 psi by reducing the size and that will feed back SLIGHTLY to the other, larger pressure drops.

One interesting observation is that the natural gas is dissolved in a super-critical fluid in the reservoir and begins to comes out of solution as it transits the BOP. Expanding gas is quite a force.

A major issue is inertia. Roughly 2 ft2 column coming up 13,000' and a few feet/sec is quite a battering ram. Beyond that is a good sized reservoir. It has been sitting still for the last few million years, and now it begins to flow towards this new hole. Given the size (perhaps 100 million barrels) it will take months for all the oil to start flowing evenly towards the well. But that is another source of inertia which will continue to grow over time.

I am confused (me too) as to whether the Top Kill/Junk Shot is injecting mud & debris where the pressure once was seawater (@ 2,200 psi) + 400 psi or 8,000 to 9,000 psi.

I hope this helps a bit. I personally have very little hope for anything except the relief wells.

by Bruce Webb

I no longer try to follow Science-Fiction, but from 1964 to 1977 which is to say from the time I was seven until I turned twenty and joined the Navy I read pretty much everything and had built up a pretty massive library. Among them was a book called The_Shockwave_Rider by John Brunner. The wiki article explains the basic premise as follows

The title derives from the futurological work by Alvin Toffler. Future Shock. The hero is a survivor in a hypothetical world of quickly changing identities, fashions and lifestyles, where individuals are still controlled and oppressed by a powerful and secretive state apparatus. His highly developed computer skills enable him to use any public telephone to punch in a new identity, thus reinventing himself, within hours. As a fugitive, he must do this regularly in order to escape capture. The title is also a metaphor for survival in an uncertain world.
The novel, originally published in 1975, at a time when the Internet was still mostly a DARPA research project and the home computer was just a dream, was way ahead of its time both in terms of the technology represented and the genre, one that is now I guess known as cyber-punk (I told you I was out of touch). Well a couple of things combined today to make me realize that not only have we reached the world of Shockwave Rider, we have made it as banal as a trip to 7/11 and Safeway. Because in a world where the government is tracking just about everything, it has never been more easy to go off the info grid while paradoxically staying fully wired at all times. Good news for people who value privacy, which unfortunately include Mafia Dons, Mexican Drug Cartels, and international Terrorists. Some discussion below the fold.

Open thread May 28, 2010

Posted by Dan Crawford (Rdan) | 5/28/2010 05:48:00 PM

by Bruce Webb

Something has been bugging me. Why is it that the same people that indignantly claim that a requirement for people to show proof of insurance is unconstitutional but that it is perfectly fine, nay imperative that people show proof of citizenship or legal residency? Exactly where in the Constitution does it give the Congress the right to control the border to start with?

Constitution of the United States

Neither in 1776 or 1789 were there barriers to visiting or working in the Colonies or the United States. And from what I see the power to determine who was a Citizen or not was left to the various States with the reservation in Article IV Sec 2 that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

There is a drive afoot led by Rand Paul and others to repeal that section of the 14th Amendment that provides that everyone born on American soil is as such a Citizen

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Well okay, but that would seem to just restore the situation to the status quo ante in which time there were no controls, and certainly no federal controls on free migration into or between the United States.

My ancestors did not have papers. Some of them reached the US before there was a US while others came from Ireland and Germany in the 1820s and 1830s and as far as I can tell the only requirement for entry was the price of passage. In fact from what I can glean the first restrictions on immigration only came in the 1870s and 1880s and were initially focused on criminals and lunatics to which in the 1890s were added 'Asiatics' and then in the 1920s national quotas, the latter designed to keep the US from being flooded with people from Southern Europe.
http://en.wikipedia.org/wiki/List_of_United_States_immigration_legislation

Tea Partiers and allied groups claim NOTHING about their efforts is based on race, ALL is about returning to the Constitution as interpreted by the Founders. They equally claim that the 'General Welfare' clause in the Preamble and in Article II is not meant to be interpreted as giving Congress explicit powers and equally claim that Congress has greatly abused the Commerce Clause. Which leaves me this question. If you folks are so focused on Original Intent why NOT restore the immigration laws back to what they were in 1840? Because clearly you wouldn't want to be accused of cherry picking the Constitution. Would you?

Consider this an open thread on immigration, originalism or anything related.

(P.S. Please keep clear the distinction between 'naturalization' and 'immigration'. Clearly the States individually and the United States as a whole had powers to control who was a citizen, the question is what the Constitutional authority is to regulate residence by non-citizens whether from another country or another state.)

To extend or not to extend, Pew (do you) Trust

Posted by Dan Crawford (Rdan) | 5/27/2010 08:16:00 AM

by Linda Beale
crossposted with Ataxingmatter

To extend or not to extend, Pew (do you) Trust

The Pew Trust has published a study of the cost of extending the Bush tax cuts: Decision Time: The Fiscal Effects of Extending the 2001 and 2003 Tax Cuts. As surely all ataxingmatter (and Angry Bear) readers are aware, the Bush tax cuts were enacted with sunset dates. Some of those sunsets were 2008 but were extended to 2010. The Bush Congress intended to make the cuts permanent, but knew the price tag would be too high. So instead they used the sunset gimmick to pretend that the tax cut wasn't really a major cause of increasing deficits.

Now the bill is due. And of course, Congress is today debating an "extender" bill for many of those cuts, that will be financed, at least, by other revenue increases, unlike the original Bush cuts.

Obama's 2011 budget proposal calls for extending most of the tax cuts --i.e., Obama does not want to let the 2000 rates return as slated under current law for those singles earning less than $200,000 or couples earning less than $250,000. But he'd let the old rates return above those thresholds.

What's the cost of the Obama extension? A significant $2.3 TRILLION over ten years, according to the Pew Trust report. And debt would extend to 78% of GDP by the end of the 10 years (all else staying the same, which of course it won't).

If the cuts were allowed to expire as they are slated to do under current law, we'd have $2.3 trillion more in revenue and the debt to GDP ratio would be cut to 68% by 2020.

The Fundamental Difference Between Scott Sumner and Me

Posted by Dan Crawford (Rdan) | 5/26/2010 06:18:00 PM

by Mike Kimel

The Fundamental Difference Between Scott Sumner and Me


So Scott Sumner responded to my latest post. There's a lot I disagree with, and I was all set to start responding point by point when I had an epiphany: essentially this all comes down to a difference in how we look at a government's interference in the economic affairs of its citizens. As an example, he views Singapore and Japan as states that interfere less with the economic affairs of its citizens than Argentina (a view shared with organizations like Heritage). I see things the other way. I also think Sumner's opinion on this matter is not just wrong, but also inconsistent and illogical.

Since Sumner began this with an anecdote, let me go with a little story myself to illustrate my point.

Say its 1980. A doctor decides to open a private clinic where he can ply his trade as he wishes. Perhaps he wants to peddle procedures deemed harmful or immoral, maybe he just wants to charge prices that the government doesn't approve, perhaps he isn't licensed to practice medicine, or maybe he has something else in mind. His motives aren't our business in this little story. So he sets up shop in a quiet street in a suburban neighborhood in the capital. Fast-forward to 2010. The doctor has had a successful 30 year practice doing what he wanted, and he's now passing on his business to a young associate. Given his entire practice would be deemed illegal in Argentina, Japan, and Singapore, in which of these three states is this story most likely to have occurred. Or put another way.... in which of these countries do you think you can most easily find a doctor practicing for the past three decades outside of all state control?

I would answer, without any doubt, Argentina. I don't have any data, but I did live long enough in South America to know how easy it is to find such practices in several countries in the region. (I don't know enough about Chile but I imagine its a bit harder in Chile than in, say, Argentina, Brazil, or Peru.) I imagine Scott Sumner would probably answer Argentina too.

Structural Unemployment and Technology

Posted by Dan Crawford (Rdan) | 5/26/2010 05:41:00 AM

Martin Ford points us to an ongoing concern as our economy changes:

Structural Unemployment and Technology

Previously, I've argued here that job automation technology might someday advance to the point where most routine or repetitive jobs will be performed by machines or software, and that, as a result, we may end up with severe structural unemployment. The latest weekly report shows anincrease of 25,000 in new unemployment claims--instead of the decrease expected by economists. Clearly, the economy continues to struggle with job creation, and I think that automation is playing a significant role.

Catherine Rampell recently wrote an article in the New York Times that delves into the impact this issue is having in the lives of typical workers. As the article points out:
For the last two years, the weak economy has provided an opportunity for employers to do what they would have done anyway: dismiss millions of people — like file clerks, ticket agents and autoworkers — who were displaced by technological advances and international trade.

Rampell's piece does an especially good job of capturing the denial that is likely to continue to be associated with this issue:

by Tom Bozzo

Crossposted with Marginal Utility.

Matt Welch at the Reason blog takes credit for airline deregulation on behalf of libertarianism:

The "worldview" of libertarianism suggested, back in the early 1970s, that if you got the government out of the business of setting all airline ticket prices and composing all in-flight menus, then just maybe Americans who were not rich could soon enjoy air travel. At the time, people with much more imagination and pull than Gabriel Winant has now dismissed the idea as unrealistic, out-of-touch fantasia. They were wrong then, they continue to be wrong now about a thousand similar things, and history does not judge them harsh enough.

Mark Kleiman observes that transportation deregulation was more directly the progeny of 1970s Brookings-esque neoliberalism (though I'd grant Welch that libertarians got there first), though Kleiman doesn't take issue with the basic claim that deregulating prices and service offerings "was, on balance, a good thing." This argument ultimately rests on the declines in airfares and resulting democratization of air travel that Welch cites; indeed that's what the Brookings-esque neoliberals I know cite when they're defending the deregulatory record.

The catch is that all such economic comparisons must be counterfactual: they must show an improvement not with respect to CAB-set fares of the late-1970s, but rather with respect to what reasonably competent regulation could have produced under the other circumstances of the deregulated era. (This, FWIW, is one of Robert W. Fogel's central insights into what makes economic history economic history.) If the comparison exercise is tough by the (inappropriate) historical yardstick thanks to declines in (average) service quality and the airline industry's trail of fleeced stakeholders, then the counterfactual comparison is going to be tougher still thanks to a couple of factors that should have produced large declines in airline costs and hence fares even in the absence of deregulation.

Sumner is Now More Wrong

Posted by Dan Crawford (Rdan) | 5/25/2010 06:51:00 PM

by Mike Kimel

Sumner is Now More Wrong

So there's a a response from Sumner to my critique of his earlier post. And he clearly doesn't get it. Again, I'll focus on the low hanging fruit, but this time I'll try to simplify a bit more.

First comment here:

Um, no you don’t want to adjust for inflation when comparing two countries at the same point in time, you want to adjust for PPP. Time for Angry Bear to go back to the Ivory Tower.


This by itself has a bunch of errors.

1. I agree that adjusting for inflation is un-necessary. That doesn't mean you don't want to do it. I picked the first measure I came upon that looked reasonable. Inflation adjusting in a single currency and PPP generally produce the same results. Apparently they aren't doing it for Sweden to US comparisons for the years he picked. Very odd.
2. I am not Angry Bear. That's the name of the blog. Several people post regularly at Angry Bear. Rdan, the site owner, is kind enough to put up my posts when I write one. But calling me Angry Bear is like me calling The MoneyIllusion.
3. To which Ivory Tower would he suggest I return? Last I checked, Sumner is the one whose bio says something about spending the last 27 years teaching at Bentley. Nothing wrong with that, of course. And for what its worth, I did the adjunct for five years too, which is the closest I've come to being an Ivory Tower guy. But I've been in the private sector - working for a Big 4 firm, two Fortune 500 companies, and as a consultant under my own shingle - since leaving grad school. So please, spare me.

Next he tells us how he picked his sample:

I didn’t have time to take all 200 countries, so I did what I thought would be interesting examples.


OK then. There's a fine line between that and cherry picking unless we're told more, and we aren't being told more. Now, that doesn't mean he isn't cherry picking the data, but this is one heck of a "trust me" given what he's trying to sell.

There's a lot more here, but I'm going to focus on what I mean by what I wrote when I said Sumner clearly doesn't get it. Let's take this for instance:

SCOTT SUMNER II

Posted by spencer | 5/25/2010 02:58:00 PM

I decided to look at the Scott Sumner blog post that Mike wrote a couple of days ago and again today.

The objective of the Sumner post was to disagree with Paul Krugman and others about a break in trend in US economic growth because of the Reagan revolution. But rather than look directly at the US data he undertook a complex, convoluted approach that indirectly tried to demonstrate that there had been a break in US growth because of the reforms around 1980.

My question is why go to such an indirect methodology? Why not just look directly at the very good US data? So that is what I have done.

Since the end of WW II the trend rate of growth of US per capita real GDP growth has been 2.1%-- calculated as the exponential growth rate from 1945 to 2009. This chart shows the level of US real per capita growth in the post WW II era compared to the 2.1% growth trend.



When you look at this chart it is rather obvious that there was no break in the growth of average US living standards around 1980. If you really want to break the post WW II experience into sub periods, the best performance of the growth in real per capita GDP actually appears to be from the late 1950s to the late 1970s. But that is really just as much, if not more, of an economic trough to economic peak comparison that tends to overstate growth just as the comparison from the early 1980s to 1990 appears to be above average when it is really just another biased trough to peak comparison.

More on Carried Interest

Posted by Dan Crawford (Rdan) | 5/25/2010 11:32:00 AM

by Linda Beale
crossposted with Ataxingmatter

More on Carried Interest

As most ataxingmatter readers know (Rdan...and Angry bear readers), there is currently under consideration in Congress legislation that would extend some of the Bush tax breaks and in return pay for those extensions by taxing service partners' profits interests at ordinary income rates (or, under one version now being put forward to mollify the wealthy service partners who don't want to pay tax on their wages like other people do, partially under ordinary rates and partially under capital gains rates).

Not surprisingly, there are strong lobbyist pushes against the legislation. Although you'd think this would be a no-brainer, it has been hard for Congress, especially the Senate, to pass the reform. The House has proposed and passed a carried interest bill several times, but the Senate has balked. Wealthy interests wield quite a bit of power, and they tend to wield it in their own favor.

Robert Reich notes in his Sunday piece "The Challenges of Closing Tax Loopholes for Billionaires" May 23, 2010.


Who could be opposed to closing a tax loophole that allows hedge-fund and private equity managers to treat their earnings as capital gains – and pay a rate of only 15 percent rather than the 35 percent applied to ordinary income?

Answer: Some of the nation’s most prominent and wealthiest private asset managers, such as Paul Allen and Henry Kravis, who, along with hordes of lobbyists, are determined to keep the loophole wide open.

The House has already tried three times to close it only to have the Senate cave in because of campaign donations from these and other financiers who benefit from it.


Now, if we are going to give more tax breaks to corporations in an extender bill, somebody has to pay. The logical choice is the group that is getting a tax break already that is not justifiable--either because it is just too unfair to leave in place or because it doesn't even do the job that the tax expenditure was intended to do. Here's what Reich has to say on this issue.

by Bruce Webb

Eric Laursen in his post Cato Premieres its Latest Horror Show points us to a new book forthcoming called 'Social Security; A Fresh Look at Policy Alternatives' by senior Cato fellow Jagadeesh Gokhale. Gokhale along with his oft-time collaborator Kent Smetters seems to be the father of 'intergenerational equity' and lead advocate for measuring that over the 'Infinite Future Horizon'.

Eric, backed up by people as varied as the American Academy of Actuaries and conservative economist Bruce Bartlett, does a nice job showing why Infinite Future is not a useful tool in this instance, a topic I have taken up from time to time and I urge people to read it. But what interested me is what it revealed about the curious timeline during which Infinite Future even became part of the Social Security Policy discussion. Details below the fold.

The Necessary and Improper Clause?

Posted by Dan Crawford (Rdan) | 5/25/2010 05:22:00 AM

by Beverly Mann
crossposted with The Annarborist

The Necessary and Improper Clause?

“Is it possible that most of us haven't noticed that the Supreme Court has just handed Congress broad authority to detain people merely because they show signs of future dangerousness?”
—Dahlia Lithwick, “Detention Slip: The Obama administration wants to hold terrorists. Did SCOTUS just give them a green light?” in Slate

The opinion Lithwick is discussing there is United States v. Comstock, a majority opinion by Justice Breyer, issued May 17. As Breyer explains at the outset, a federal civil-commitment statute, 18 U.S.C. § 4248, authorizes the Department of Justice to detain a mentally ill, sexually dangerous federal prisoner beyond the date the prisoner would otherwise be released. And, although it would seem that the obvious constitutional issue would be whether this violates constitutional due process guarantees, the Court already decided that issue, it turns out, in two cases, Kansas v. Hendricks, a 1997 opinion that interpreted the Fourteenth Amendment’s due process clause in relation to a Kansas statute that allowed the state to detain a mentally ill, sexually dangerous federal prisoner beyond the date the prisoner would otherwise be released, and Kansas v. Crane, a 2002 opinion that interpreted, well, Kansas v. Hendricks.

More about the two Kansas opinions later. For now, it is necessary and proper only to explain that Hendricks held that the Kansas statute did not violate the right to due process, and that Crane held that that statute did violate the right to due process clause because it did not contain a provision requiring the state to prove a volitional impairment as well as an emotional or personality disorder; without proof of volitional impairment, there was no indication that the person posed a continued danger—a prerequisite due-process justification for involuntary civil commitment. And that, since the federal statute does contain such a provision, and in any event since the Court was not asked in Comstock to decide the due process issue, the Court declined to address the constitutionality of the federal statute under due process jurisprudence and instead addressed it only under the Constitution’s Necessary and Proper Clause.

A First Year (graduate) Microeconomics Lesson

Posted by Robert | 5/24/2010 08:28:00 PM

Robert Waldmann

I think it is not clear to all readers why I assert that in the simplest possible model of financial markets all agents will invest proportionally in all tranches of all CDOs. I’m not sure I can present even the simplest model in plain ascii. Also the model is very simple and you will have to trust me (or not) when I claim that the results carry over to standard simple models. There are two key assumptions – 1) all assets are traded and 2) there are no transactions costs. Assumption 1 implies that agents don’t have risks from some source other than asset returns to hedge. In the real world, clearly farmers will have different positions in grain futures than non farmers. Assumption 2 implies that agents will take tiny positions, since there is no problem with odd lot fees or anything like that.

Simple math after the jump.

Why Scott Sumner is Wrong

Posted by Dan Crawford (Rdan) | 5/24/2010 07:59:00 PM

by Mike Kimel

Why Scott Sumner is Wrong

A number of the big libertarian & rightwing blogs are putting up links to this post by Scott Sumner. I'm kind of surprised because the argument seems to have more than a few weaknesses.

What Sumner is doing is trying to show that the policies pursued by Thatcher and Reagan were a success. He does this by taking the ratio of the GDP per capita of thirteen different countries and compares them to the ratio of GDP per capita of the US. He takes this ratio for each country for 1980, 1994, and 2008. The idea here is that if a country engaged in the kinds of policies Thatcher and Reagan would have approved of, they'd grow faster. So far so good.

Sumner ends concluding that:

So there you are, all these countries support my hypothesis that neoliberal reforms lead to faster growth in real income, relative to the unreformed alternative.

There are two kinds of economists. Those who read the Economist (or FT) every week, and have a pretty good sense of what is going on in the world, and who know why some countries are doing better than others. And those who are lost in their ivory tower doing arcane research. The latter group is often much more highly skilled than I am, and come up with more important new ideas than I ever will. But when talking to this group I often find they are totally oblivious to the neoliberal revolution of the past 30 years.


I have exactly twenty minutes left to write so keep in mind, I'm going to hit the low hanging fruit only.

Update: Rdan here...also see Brad DeLong

Your moment of: WTF

Posted by Dan Crawford (Rdan) | 5/24/2010 08:04:00 AM

Taken from Your moment of: WTF



On Thursday a federal judge gave James O'Keefe a stern talking to about his deception in entering a US Senator's office and trying to vandalize and muck about with the telephones. What could have been felony charges were reduced to misdemeanors by influential GOP lawyers previously and after the stern talking to - O'Keefe avoided trial.

Meanwhile in Georgia, a 14-year-old autistic boy with the mental function of a third-grader will face felony charges of terrorism for drawing a stick figure with a gun aimed at another stick figure with a teacher's name above it.

Sounds about right.

The Policy Debate vs The Policy Horse Race

Posted by Robert | 5/24/2010 06:35:00 AM

Robert Waldmann

Senator Mark Warner said something about derivatives reform. I kept reading a version of what he said which seemed implausible to me. I had trouble finding a transcript or video of him speaking. In the end very beginning but I’m an idiot and didn’t notice: I found it. It confirms my suspicions.
Warner is described as saying that the conference committee will scrap the Senate’s derivatives reform provisions. In fact, he predicted that they would scrap the requirement that banks spin off derivatives trading desks, but he did not predict that they would scrap the requirements for exchange trading and a clearing system.
Important reforms vanished from the discussion, because their fate is no longer in doubt.
Much more (including links) after the jump.

Government Spending and Economic Expansions

Posted by Dan Crawford (Rdan) | 5/24/2010 05:10:00 AM

by Mike Kimel
Cross posted on the Presimetrics blog.

Government Spending and Economic Expansions

It is conventional wisdom that raising taxes, particularly during and just after a recession, will harm the economy. Last week I checked whether that was true. (The post appeared in the Presimetrics blog and the Angry Bear blog.) The post looked at every recession since 1929, and it showed that recessions that were accompanied by marginal tax rate cuts were followed by shorter, slower expansions than recessions that weren't accompanied by marginal tax rate cuts. (Expansion, btw, is the term for the period between recessions.)

This week I will look at the effect of cutting back on government spending during and just after a recession. I'm going to do that with three graphs. The first shows the length (in months) of every expansion since 1929. The second looks at the annualized growth in real GDP per capita for each expansion period, and the third looks at the total growth rate in real GDP per capita over the length of the expansion period. In each graph, recoveries are divided into three groups based on what happened to the federal government's spending as a share of GDP from the start of the recession to the period one year after the end of the recession.

The war is making you poor act

Posted by Dan Crawford (Rdan) | 5/23/2010 06:53:00 PM

Hat tip to Yves Smith at Naked Capitalism for Rep. Alan Grayson's "the war is making you poor act".

Robert Waldmann
claims that, after the invention of the mortgage based security, which clearly served to diversify risk, there have been three main purposes : weakening the effects of prudential regulations, weakening the effects of prudential charters and making balance sheets look better.

I remain very ignorant about banking and real world finance. Some time ago, a commenter noted that while at first I said I was winging it I seemed much more confident and asked if I had learned a lot or if I was winging it louder. I am winging it louder.

I don’t know what innovative financial instruments have been invented. I tend to assume that the purpose of some is tax avoidance. For all I know, some are used to share risk, and might actually be socially useful.

A very short list of the financial innovations and their purposes follows after the jump


The Collins Mixer

Posted by Robert | 5/23/2010 12:39:00 PM

Robert Waldmann

Republican Susan Collins proposed an amendment to tighten bank capital reqirements. It passed unanimously, but might be removed in conference because the Obama Treasury is opposed. The world is upside down. One key issue is whether banks can use “Trust preferred securities” to evade satisfy capital requirements.
After the jump, I will ask the wikipedia to explain (yes I use the wikipedia and I’m not ashamed to admit it – OK I am ashamed but I admit it anyway). The bottom line is “They got away with doing thant !?!?!” Note US Democrats are fighting Europeans and Collins to keep the loophole open.

by Linda Beale
crossposted with Ataxingmatter

Seventh Circuit confirms rejection of Ch. 11 bankruptcy for tax avoidance purposes


What will they think up next as a way to avoid paying their fair share of taxes. One corporation decided to proclaim bankruptcy as a tax shelter. Luckily for the US, the bankruptcy judge would have none of it, calling the bankrupcy a sham and dismissing the bankruptcy proceeding. Posner and two other Seventh Circuit judges just affirmed that decision on appeal. See In re South Beach Securities, Inc., Seventh Cir. No. 90-3079 (May 19, 2010).

The characters in this escapade are not new to scandal sheets. The company's sole creditor was "Scattered Corp", which sold more LTV shares short than existed. The seventh Circuit concluded that wasn't a violation of the securities laws but the Chicago exchange disagreed, ultimately driving Scattered out of the securities business though losing the suit for fraud against it. (HUH?!?--no wonder the financialization of the economy has left us with a zany economic system and markets that behave in very odd ways)

Posner notes that it was the US trustee, not the IRS, that objected to a bankruptcy that was phony and only for the purpose of evading taxes. The case is fun reading, because Posner speaks as always in everyday language as he ferrets through the statute on the question of whether the US Trustee can object to a bankruptcy reorganization on the grounds that it is merely for the purpose of tax avoidance. Ancillary questions include whether the US Trustee is a governmental unit (Yes, Posner says, except when he is acting as a trustee for the particular bankruptcy case at issue, which he wasn't in this case) and whether he is a "party in interest" entitled to object to tax-evasive bankruptcies (Yes, Posner says, since he isn't specifically excluded and is the congressionally ordained watchdogs of the US's interests in bankruptcy proceedings). The Seventh Circuit clearly thought it was important for someone to watch out for the interests of the federal fisc in these kinds of cases.

by Linda Beale
crosposted with Ataxingmatter

Maule and Pappas on progressive taxation and the decreasing burden on the rich


Maule and Pappas have been engaging in a debate on progressive taxation and the decreasing burden on the rich. See Canonizing the Rich, Part 1, Part 2, and Part 3.

As Maule shows in his posts, the rich have an increasing share of the income (an even larger share of the economic income--because they benefit much more than ordinary folk from tax expenditures in the Code, from capital gains preference to charitable contribution deduciton to mortgage interest deduction to life insurance exclusion, and more of adjusted gross income, a tax concept that excludes much of economic income). But they pay a much smaller proportion of that income in taxes now than they did in the period when our country was the most prosperous shortly after WWII--a decline from about 50% of the income in taxes to less than 20% of it paid in taxes. Meanwhile, our country has slid into a deficit spiral from the combination of gigantic tax cuts under Bush that were of primary benefit to the ultrarich (the 2001 tax cuts were projected to cost about $1.6 trillion over the first decade and have cost about $700 billion so far) and the huge increase in government under Bush from militarization and his "preemptive war" policy (costs of the Iraq-Afghanistan wars in human lives greater than 5000 and in dollars running to the multiple trillions--especially when long-term health needs of Vets and replacement costs for the expensive equipment is factored in).

So why would anyone think that these disastrous policies of cutting taxes for the rich should continue? Such a policy has no good outcomes--deficits, inequality that threatens democracy with oligarchy, political instability, poverty and the disease, lack of education, despair and often violence that can come from it. I wouldn't want to live in a country where the well off live entirely within isolated islands of gated communities, surrounded by deep zones of poverty. I much prefer a country built on communities based on sustainability, where the wealthiest are merely rich and not "filthy rich." A salary for a hedge fund manager or a CEO of a million a day (not uncommon in twenty-first century America) is, simply put, obscene when it is 300 or 400 or even 500 times the salary of the average worker. No one "earns" that kind of salary--it is a corrupt gift from peers who want the same return favor when the manager sits on their salary board.

Open thread May 21, 2010

Posted by Dan Crawford (Rdan) | 5/21/2010 05:00:00 PM

By Daniel Becker

Ok, if you have not heard, Mr Rand Paul made quite the impression during an interview with Rachel Maddow. The short of it: businesses should be free to discriminate as they see fit. It's their right, though he's not for discrimination. You know, citizens and all having equal rights.

Well, there is a problem with Mr. Paul and his like's argument. The Supremes ruled that businesses (at least corporations) are people. You recall that "Citizens" United case? Seems to me, being that Corps are now citizens, they fall under the same citizen law regarding Civil Rights. That is they can't discriminate. Thus, the entire argument that businesses have rights outside of citizens as presented by Paul et al is now moot.  The entire section of the Civil Rights act that Mr. Paul supported his argument on is now redundant within that law.

Of course, they could decide that being a corp and having the right to discriminate is more important than the right to spend on elections. But, I don't think the US Chamber is willing to swap the money maker right for the right to be prejudicial. At least not based on what I received to day:

U.S. Chamber: DISCLOSE Act Is Partisan Effort to

Silence Critics and Gain Political Advantage
Donohue: 'It's Unconstitutional. It's Un-American. And It Must Be Stopped'


WASHINGTON, D.C.—U.S. Chamber of Commerce President and CEO Thomas J. Donohue issued the following statement today in response to the House Administration Committee's markup of the so-called "DISCLOSE Act:"

"The DISCLOSE Act is an unconstitutional attempt to silence free speech and a desperate attempt by Democratic Congressional Campaign Committee Chairman Chris Van Hollen and the immediate past chairman of the Democratic Senatorial Campaign Committee, Senator Chuck Schumer, to gain political advantage in the 2010 elections.

"Congress should not be wasting its time on an 'Incumbent Protection Act,' but instead should be focused on job creation. Nothing makes Americans angrier than members of Congress who are more concerned about protecting their own jobs, rather than creating new ones for unemployed constituents.

Hey Chamber and Rand Paul, you know what else is unconstitutional and unAmerican? Discrimination.  Infact that was the entire argument of Citizens United.

Richard Abrams: debunking free marketarianism

Posted by Dan Crawford (Rdan) | 5/21/2010 05:08:00 AM

by Linda Beale
crossposted with Ataxingmatter

Richard Abrams: debunking free marketarianism

I've often written here about the problems of the naive, black-or-white view of economics that has been fostered by the Chicago School and Milton Friedman acolytes who talk of "free markets" as though markets exist in vaccum tubes unaffected by the social, cultural and legal context around them. Debunking that "free market myth" is important, because without understanding the mythology of it most ordinary Americans will continue to be misled and fooled by those who devise and enact policies that affect our everyday lives. From "tea partyers" to Congress, from "the national association of manufacturers" to the US Chamber of Commerce, the "free market" is spoken of with almost reverent tones as though the market works on its own, as though businesses always do everything better than government, as though human liberty were intimately connected with letting mutlinational corporations set their own standards and make their huge profits without protections for the little guys along the way. Wrong, wrong, wrong--this pseudo-concept of free market has little to do with human liberty and lots to do with corporate profits for managers and shareholders. Time that ordinary Americans understood that.

So it is nice to see another academic talking sense on "free markets. See Richard Abrams, historian, on the Berkleley Blog (newly added to the progressive sites of interest blog roll), as he writes "Of ideology, recession and policy paralysis" (March 4, 2010). Here's a useful excerpt offering "a little history" of our romance with competitive capitalism (and our failures to recognize how uncompetitive corporate capitalism ordinarily is):

For a relatively short span of years in our country’s history, mostly in the middle third of the 19th century, governmental policy withdrew from large areas of economic activity that traditionally had been regulated, leaving it increasingly to the price-and-market system to control the distribution of most resources and rewards. That is, traditionally in the U.S., going back to the start of the nation and continuing well into the 19th century, government – especially at the state and local levels – closely regulated much economic behavior, including of course labor relations, employer liability, and even the price and quality of goods for sale. By the second quarter of the 19th century, government began pulling back, reducing its mediating role between buyers and sellers, and between employers and employees, and yielding to private contract as the main governor of such economic relationships. By mid-century, the American economy did in fact closely resemble the model of “free,” competitive enterprise; i.e., competitive capitalism did work relatively well in regulating most markets and producing something close to a fair and level field among buyers and sellers and other competing interests (but not labor).

Sen. Jeff Sessions' Habitual Conflations and Misrepresentations

Posted by Dan Crawford (Rdan) | 5/20/2010 08:00:00 PM

By Beverly Mann
re-posted with permission of the author
The Ann Arborist



Sen. Jeff Sessions' Habitual Conflations and Misrepresentations


Prologue: The Slaughter-House Cases is the title of an 1873 Supreme Court opinion that was among the first to interpret some part of Section 1 of the Fourteenth Amendment, which was the part of that amendment that required the States to comply with the Bill of Rights and with other constitutional protections for individuals against government intrusion.

Or at least that was its purpose. But in Slaughter-House, a five-member majority of the Court interpreted one of the three main clauses of that section—the Privileges and Immunities clause, which states that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States—as applying only to the privileges and immunities accorded by United States citizenship, rights they said were limited to those that imposed some affirmative duty on the federal government itself.

Although the purpose of most of the litigation of that era that involved interpreting the Fourteenth Amendment was to undermine Reconstruction itself, such as United States v. Cruickshank, decided in 1876—the Amendment was supposed to effectuate Reconstruction by requiring the states to comply with federal constitutional and statutory law—the Slaughter-House litigation had a different goal entirely, one concerning the extent to which, within the confines of the Privileges and Immunities Clause, a state can regulate economic activity within its boundaries in order to protect the health and wellbeing of its residents.

In Slaughter-House, an organization of New Orleans-area butchers challenged the constitutionality of a state law that limited slaughterhouses to a specifically designated area at the southern edge of the city, south of the Mississippi in order to avoid waste contamination of the city’s water supply. The butchers invoked the Privileges and Immunities Clause, which, they argued, prohibited the state from infringing upon their constitutional right to exercise their trade and provide for themselves and their families.

The bare majority of justices interpreted the Privileges and Immunities Clause as not applying to, and therefore as not restraining, the police powers of states except as regards the rights that the Constitution identifies as incident to United States citizenship.

The opinion was written by Justice Samuel Freeman Miller, who according to Wikipedia was a former physician who wrote his medical school dissertation on cholera, one of the diseases rampant in New Orleans because of contaminated drinking water. The opinion, though well-meaning and undoubtedly lifesaving in its day, effectively nullified the Privileges and Immunities Clause by rendering either nonsensical or redundant of the Constitution’s Supremacy Clause. The result is a gimmicky, narrow-right-by-narrow-right “incorporation” of various constitutional rights, selected piecemeal by the Supreme Court over the decades, into protections against state incursion.

More after the fold

Pethokoukis Blaming Congress

Posted by Dan Crawford (Rdan) | 5/20/2010 08:58:00 AM

by Mike Kimel

Pethokoukis Blaming Congress

From his perch at Reuters, James Pethokoukis writes (and this is his title) about 4 ways Congress caused the financial crisis. He quotes from a paper by Ross Levine. I have not read the Levine paper yet but the abstract does seem to indicate what Pethokoukis wrote. The abstract does not seem to indicate blame is placed with Congress, but rather that the regulatory agencies (which presumably includes Congress) should have seen the signs of the growing fragility of the financial system associated with their policies during the decade before the crisis and yet chose not to modify those policies.

Thus, I don't know if Levine also blames Congress for the crisis or whether he would merely indicate (as many would) that Congress could have done something to stop it, but the abstract seems to indicate that .

In any case, Pethokoukis quotes 4 reasons this is Congress' fault:

1. Congress did not prevent ratings agencies from behaving poorly
2. Congress did not prevent bankers from engaging in excessively risky CDS trades
3. When the SEC allowed investment banks to leverage up, Congress did not step in
4. Congress did not engage in enough oversight of Fannie and Freddie

If I understand Pethokoukis correctly, his view is that Congress caused the financial crisis by forcing private sector players to behave recklessly, which it did by not regulating them. Which seems odd to me. Particularly since, having read a lot of what Pethokoukis wrote over the years, I cannot believe he would have advocated having Congress do more regulating of ratings agencies, banks, investment banks, or even Fannie and Freddie. (Which would almost imply Pethokoukis is in favor of financial crises of this magnitude, wouldn't it?) And he certainly wouldn't have credited Congress had Congress engaged in more regulating and things turned out well. (Who would?)

As I said - this is seems very odd to me.

by Linda Beale
crossposted with Ataxingmatter

There's a tax angle to everything--including the DeepWater Horizon oil spill

There's a tax angle to everything--including the DeepWater Horizon oil spill
Oil is still pouring out into the Gulf ocean from the well head of the DeepWater Horizon. The entire gulf is beginning to look like an oil slick, as we learn that oil companies like BP, rig owners like TransOcean, and contractors like Halliburton (the cement plug provider in the Gulf spill) never bothered much abouit preparing for potential disasters--especially not spending money to research solutions to potential catastrophes. Quelle surprise!

There are lots of tax benefits for natural resource extraction--many that we should eliminate asap, if we are serious about preserving the environment and moving on to less destructive sources of energy (while activating our economy with real production instead of the financialization, and creating jobs, preventing reliance on middle East oil--all at the same time).

Senator Grassley wants to know just what the tax benefits and subsidies for the major contractors in the spill have been. See Grassley letter to chair of BP, May 17, 2010, asking for an accounting of all tax breaks/subsidies and royalty relief from 2005 to the present and what benefits, tax and otherwise, are received by DeepWater Horizon's operating under the flag of the Marshall Islands; Grassley letter to chair of TransOcean, May 17, 2010, asking for the same information about TransOcean and information about its other rigs operating under foreign flags (and who made the decision to replace mud with seawater, leading to the explosion, among other things) .

Sounds like a good line of questioning to pursue to me. When we see the greed-centered decision-making of companies like BP and TransOcean, we should see as clearly as possible the way we've provided tax expenditure "handouts" to them over the years. Welfare for corporations is a growing item in our budget--that will likely be added to by the "extenders" bill under consideration at this time in Congress.

Grassley also is seeking full information on the Minerals Management Services lax regulatory effort. Not surprisingly, this agency absorbed the lesson of four decades of deregulatory thinking quite well, as evidenced by the "sex for leases" scandal a few years back. See Grassley's letter to Salazar seeking accountability from the agency (May 17, 2010). A similar letter to Halliburton seeks information on the cement and the regulatory oversight of its use. See Grassley letter to Halliburton, May 17, 2010.

No, not that anyone should pay her $15,000-$30,000 to talk to teenagers about why they should be abstinent. (Short version: "As with my mother, I wasn't, and look what I'm doing now. Uh, well...")

But, via Andrew Samwick, a study from the Pew Foundation (PDF) using PSID data finds that:

Among children who start in the bottom third of the income distribution,
only 26 percent with divorced parents move up to the middle or top third
as adults, compared to 42 percent of children born to unmarried mothers
and 50 percent of children with continuously married parents.

Or, in ratio terms, it is only 19% more likely that the child's eventual economic status will be improved if the mother marries someone and stays married until the child is eighteen, compared to a 61.5% improvement in the expected well-being of the child if the mother remains unmarried for the entire eighteen years.

Meanwhile, twice as many children have parents who divorce before the child is nineteen (14%) than are raised by unwed mothers (7%).

There may also be elements of selection bias in the data: a woman who opts to raise a child on her own instead of getting married is more likely to instill that independence of spirit in her child than someone who enters into what turns out to be a bad marriage.

The other interesting table in the study shows how severely income inequality increased across a generation.




Note that the bottom tier improves the least, that the 50th percentile grows much slower than even the 75th, and that the percentage change in the Mean is greater than the percentage change at any tier except the 90th percentile.

So much for the rising tide having lifted all boats—clearly, it capsized a few.

Swiss Banks; State tax subsidies to corporations

Posted by Dan Crawford (Rdan) | 5/19/2010 01:00:00 PM

by Linda Beale
crossposted with Ataxingmatter

Swiss Banks; State tax subsidies to corporations">

Busy day today, so just a note to point out an interesting blog posting at Money.co.uk on Swiss banks and the impact of banking secrecy on tax evasion. It's Demystifying Swiss Banks, May 15, 2010, money.co.uk.

Just another reason that tax reform and bank reform go together. Banks serve corporate and high wealth individuals by creating derivative products that arbitrage tax and regulatory requirements, and by permitting them to move resources to tax havens that serve no function other than offshoring profits. Will Congress enact a strong enough reform bill? Or will it spend more of its efforts on "extending" the costly Bush tax cuts yet again?

Another interesting piece in the New York Times on Companies we keep, and pay for", Jim Dwyer, NY Times, May 14, 2010. Since corporations have no loyalty to locale anymore--not even to the US, much less to a particular state or city--it is foolhardy for states and cities to mete out huge subsidies to keep a particular corporation in town in the hopes of creating new jobs (or keeping old ones). It would likely be much more beneficial for the community to use that money to do something directly beneficial--like fixing bridges, funding computers in schools, hiring more police, teachers, gardeners, and greeters. That money would create instant jobs, and those jobs would create instant demand for things people have to have to live, like food shelter, clothing, and other consumer products. That would help fund local businesses, and that would be a much better use of state and local subsidies, since it would tend to help ordinary people instead of the Big Muckety-Mucks (as my Dad used to say) that get the main dough out of the deal from corporate tax subsidies.

by Linda Beale
crossposted with Ataxingmatter

Carried Interest: some senators want venture capitalists to get a CG ride on their compensation income

Everybody knows by now that managers of partnerships who have "profit interests" have been claiming that they do not have compensation income but merely a return of capital on their "carried interests" (and that may be long-term capital, they claim, when they hold the profits interest for some time and there are long term gains in the partnership that are allocated to them).

Many tax experts, including myself, have argued that these profits should be taxed as compensation. At ordinary rates, like the janitors and clerks and other employees of the firm. Immediately and without deferral, like others who work for a living. And subject to payroll taxes (FICA, FUTA), since wages are supposed to be subject to payroll taxation.

Managers of private equity, hedge, venture capital, real estate and other partnerships have been able to avoid such real world consequences of working for a living in most part. They are generally paid a fee (usually about 2% of assets under management, in hedge and private equity firms) and a "carried interest" (usually about 20% of assets under management, each year, and sometimes amounting to 30% or 50%, for the really big-time managers). They do treat the fee as compensation, but claim that the carried interest is not.

Tuesday voting

Posted by Dan Crawford (Rdan) | 5/19/2010 07:13:00 AM

Far more knowledgeable people will be discussing results today. but here are some pointers.

Poilitics Dailey has a short note on yesterday's primaries:

...Kentucky Republicans struck the first blow by choosing political newcomer Rand Paul as their Senate nominee. Paul, an ophthalmologist and Tea Party favorite, defeated Secretary of State Trey Grayson, who had been championed by Senate Minority Leader Mitch McConnell of Kentucky.

In a Pennsylvania contest that both parties promoted as a precursor to the midterm elections this fall, Republicans suffered a blow to their plans for taking over Congress. Democrat Mark Critz, a top aide to the late Rep. John Murtha, defeated Republican businessman Tim Burns in a special election to finish Murtha's term representing the working-class Johnstown-area district.

In Arkansas, moderate Democratic Sen. Blanche Lincoln was trying to hold off a netroots-fueled primary challenge from Lt. Gov. Bill Halter. Neither cleared 50 percent of the vote Tuesday night, sending the pair into a June 8 runoff election. The winner will face GOP Rep. John Boozman, a rancher and ophthalmologist whose late brother, Fay Boozman, lost to Lincoln in 1998.

Specter was the third incumbent to lose his job this season, following Utah Sen. Bob Bennett's failure to get the GOP nomination in his state and Democratic Rep. Robert Mollohan's primary loss in West Virginia...

The Capitalist & The Entrepreneur

Posted by Ken Houghton | 5/18/2010 11:34:00 AM

One of the nice things about going to the Kauffman Foundation this year was meeting up again with Peter Klein of Organizations and Markets, who was my first economics professor.* (I liked him as soon as I found out one of his first publications dealt with "moral hazard" and the Designated Hitter.)

Peter has a book out from the Mises Institute, The Capitalist & The Entrepreneur. Subtitled Essays on Organizations and Markets and carrying blurs from Business and Law people as well as the obligatory G-Mu professor (Adam Smith Award winner Peter Boettke), the book, as with Klein himself, is likely well-conceived, sharply written, and worth arguing with and about.

Not to mention that, at $12 from Mises, it's very reasonably priced.

I'm certain I'll have more later, after I get a chance to read it. But it seems exactly the type of book that should be getting more discussion here.

*On hearing this, Andrew Samwick said, "But you two are at opposite ends of the spectrum." What I Should Have Said then I say now: "I said he was a good teacher. I never said I was a good student."

Quote of the day

Posted by Robert | 5/18/2010 06:40:00 AM

Robert Waldmann

Felix Salmon wrote

"S&P and Moody’s are clearly completely incompetent, and no one should base any investment decisions on the random series of letters they apply to bonds."



second quote (from comments)

"... But without rating agencies…… who other than big investment companies/funds that have their own in-house muscle to do due-diligence can buy these things?"

Posted by MarshalN

My thoughts after the jump.


Financial reform law still in the works this week

Posted by Dan Crawford (Rdan) | 5/17/2010 05:44:00 PM

Reuters reminds us financial reform law still in the works:

Although a final vote is expected within days on the White House's top domestic priority, lawmakers have yet to settle disputes on regulating over-the-counter derivatives; curbing risky trading by banks; and the power of state authorities.

There will need to be resolution on these topics before the Senate can approve a massive Democratic bill designed to make the financial system less prone to crises like that of 2007-2009.

Analysts say that could occur as soon as Wednesday or Thursday. Delays could postpone full approval to next week, however.

Major votes on amendments looked unlikely on Monday or Tuesday, due to primary elections involving senators Blanche Lincoln and Arlen Specter, both Democrats. Party leaders were expected to avoid close votes on controversial measures while the two were away on the campaign trail.

How else to explain a 20% drop in prices since The Destruction of the Gulf of Mexico?

Oil fell below $70 Monday, reaching a low of $69.27 before rebounding slightly...The turnaround has been sudden -- oil hit an 18-month high of $87.15 a barrel during trading on May 3.

The plunge in oil extended to the New York Stock Exchange, where shares of major energy companies were lower.

Is oil the derivatives of hard commodities: the place where liquidity is based on speculation, not fundamentals?

No wonder Brad DeLong has had no luck persuading Christopher Edley to get rid of the malfeasant John Yoo. As Bob Somersby observes:

Christopher Edley thinks he’s one of your “betters.” It’s hard to believe, but that’s the exceptionally low-IQ framework this self-proclaimed member of the elite enunciated in Sunday’s piece. According to Edley, rubes like us should want our “betters” in important posts, like the post in which Kagan will serve:
EDLEY: The tension between elitism and populism is embedded in our national DNA because America rejected the model of a monarch ruling by divine right in favor of an iffy experiment in democratic self-governance. So now you are responsible for choosing your leader. Do you want someone like you or someone better than you?

What an astonishing framework! But so it goes when people like Edley spends decades inside institutions like Harvard, convincing themselves that they and their peers are “better” than all the rest of us rubes. [formatting in original]

Kagan, like Yoo, "has excelled in a meritocratic system, one that is selective yet far more open than in generations past."

Bonus quote from Edley:
The gatekeeper power of such institutions is why it was so important to desegregate them (using affirmative action, among other tools) and why virtually all leaders of great universities talk about diversity and access.

Yep. Elena Kagan is All About Diversity.

At least Edley is consistent:
Dean Edley rolls embarrassingly off the tracks.

Read the whole thing.

Full disclosure: My wife's cousin is working at Berkeley now. Fortunately, she's not at the Law School, or I would worry for her reputation.

The Effect of Tax Cuts and Tax Hikes on Economic Expansions

Posted by Dan Crawford (Rdan) | 5/17/2010 10:04:00 AM

by Mike Kimel
crossposted with Presimetrics blog

The Effect of Tax Cuts and Tax Hikes on Economic Expansions

Right about now, the U.S. economy appears to be recovering from a recession (and a nasty one at that). It’s not smooth sailing though; the recovery is still very fragile, and there are plenty of problems at home and abroad that can still derail the recovery. Depending on which economist or politician or pundit you ask, there are a number of prescriptions for what to do in times like these, but there’s one thing that just about all these worthies agree on, namely that lowering marginal income tax rates (or at least not raising them) is vital.

But the fact that everybody believes something doesn’t make it true. So in this post, I’m going to show three graphs. The first shows the length (in months) of every expansion since 1929. The second looks at the annualized growth in real GDP per capita for each expansion period, and the third looks at the total growth rate in real GDP per capita over the length of the expansion period. In each graph, recoveries are divided into three groups. Group 1 is composed of expansions following recessions in which the top marginal tax rate was cut or for which the top marginal rate was cut within one year of the end of the recession. Group 2 is made up of recoveries for which the top marginal rate did not change during the recession or within a year of the end of the expansion. Group 3 has the expansions that suffered from tax hikes, during the recession itself and/or within a year of the end of recession.

A bit of housekeeping before I get started… marginal tax rates are available from this fine table provided by the IRS' Statistics of Income. Data on the starting and ending dates for recessions comes from the NBER, purveyors of recession and expansion dating for the U.S. economy. Real GDP per capita comes from the Bureau of Economic Analysis' National Income and Product Accounts Table 7.1, updated on April of 2010. Real GDP per capita is available annually from 1929 to 1946, and quarterly thereafter.

One more wee bit of housekeeping before we get to the good stuff… for the sake of this post, I am going to assume that the real GDP per capita in any month is equal to the real GDP per capita for the quarter (or if prior to 1947, the year) in which it fits. In other words, the real GDP per capita (in 2005 dollars) for the first quarter of 2008 is $43,997, and I am assuming that the real GDP per capita in any of the three months in that quarter (i.e., January, February, or March of 2008) is equal to $43,997. That assumption shouldn’t cause any major changes in the results and it will keep me from having to go off on tangents about how the data was smoothed.

With that, here we go. The first shows the length of each expansion, in months.

Notice… the expansions that follow tax cuts (either during the recession itself or at the start of the recovery) have tended to be the shortest ones in our sample. And short expansions are definitely not a good thing; we’re all better off with expansions that go on for a while.
What about the speed of the expansion? The annualized growth (i.e., the speed per month) of real GDP per capita for each expansion since 1929 is shown below.

This graph also does not appear to mesh with popular wisdom (not to mention accepted economic theory) in America today. In general, when tax cuts occurred during or just after a recession, the resulting expansion has been slower than when the tax rates are kept unchanged. Expansions associated with early tax hikes are the fastest of all.
Which leads us to the overall growth of the economy during the entire length of each expansion, which is shown in the next graph.

Once again, the theoretical benefits of a tax cut do not seem to match what the data shows, which is that least impressive expansions are those that follow decreases in marginal income tax rates (either during the recession itself or at the start of the recession).

So where does this leave us? Well, simply put, the data and the theory/popular wisdom do not agree. Going as far back as there is official data on economic growth, what we find is that expansions associated with reductions in the top marginal income tax rate have been shorter and slower than expansions that did not involve tax cuts. Which means, simply put, that the theory is probably wrong, and we as a nation continue to buy into it at our detriment.


Graph 1

Notice… the expansions that follow tax cuts (either during the recession itself or at the start of the recovery) have tended to be the shortest ones in our sample. And short expansions are definitely not a good thing; we’re all better off with expansions that go on for a while.

What about the speed of the expansion? The annualized growth (i.e., the speed per month) of real GDP per capita for each expansion since 1929 is shown below.


Graph 2

This graph also does not appear to mesh with popular wisdom (not to mention accepted economic theory) in America today. In general, when tax cuts occurred during or just after a recession, the resulting expansion has been slower than when the tax rates are kept unchanged. Expansions associated with early tax hikes are the fastest of all.

Which leads us to the overall growth of the economy during the entire length of each expansion, which is shown in the next graph.


Graph 3

Once again, the theoretical benefits of a tax cut do not seem to match what the data shows, which is that least impressive expansions are those that follow decreases in marginal income tax rates (either during the recession itself or at the start of the recession).

So where does this leave us? Well, simply put, the data and the theory/popular wisdom do not agree. Going as far back as there is official data on economic growth, what we find is that expansions associated with reductions in the top marginal income tax rate have been shorter and slower than expansions that did not involve tax cuts. Which means, simply put, that the theory is probably wrong, and we as a nation continue to buy into it at our detriment.

by Linda Beale
crossposted at Ataxingmatter

From offshore accounts of individuals to transfer pricing scams of corporations

From offshore accounts of individuals to transfer pricing scams of corporations
Michigan's Levin says the next big thing for the government to focus on, now that the offshore accounting schemes of individual taxpayers have gotten its full attention, should be the corporate transfer pricing game.

What happens in transfer pricing? Corporations in the US, for example, may develop a new drug and take out a patent on that drug. If the patent is used in the US and the drug is manufactured here, the corporation will owe US income tax on its profits. That tax is at a 35% statutory rate, but corporations don't usually end up paying anything near the statutory rate on their economic profits--their effective rates are considerably lower, with many of the large US corporations paying no federal income tax whatsoever, from a combination of accelerated depreciation, loss deduction carryovers, and other "tax expenditures" that act to reduce their taxes (such as the many items in the Code that reduce taxes on Big Oil companies that extract natural resources--at great cost to our environment and coastal beauty, as it turns out).

One of the things multinational corporations do to lower their taxes even further is to shift income offshore. Perhaps they have a reinsurance subsidiary, so they pay reinsurance premiums to that subsidiary and shift their actual insurance offshore. Frequently, the companies that profits are shifted to have almost no employees. They mail be just a mailbox conduit in the Netherlands or the Cayman Islands, where thousands of corporations are "located" in a single four-story building. The tax code has a provision that is intended to empower the IRS to fight such manipulation of income. It's called the "transfer pricing" provision in section 482, which says that items of deduction, income, credit are supposed to "clearly reflect income"--meaning that taxable income should be related to economic income, except for provisions clearly intended to provide a special benefit (such as subsidies for corporations that Congress has built into the code, like accelerated depreciation and bonus depreciation).

The opening chapter of Jack Cashill’s Popes and Bankers relates his version of the tale of Melonie Griffith-Evans, a woman who in 2004 borrowed her way to losing her house.  Ms. Griffith-Evans accepted loans in order to buy a house priced at $470,000 that resulted in her having to pay “roughly $3,500 a month.”  Of course, she ends up not being able to pay those loans, and—since ex post is ex ante—the result must be All Her Fault.  Mr. Cashill allows as to how a “traditionalist” might “if feeling churlish, talk of  Griffith-Evans as a ‘predatory borrower.’ ”

Working solely from the information as provided by Mr. Cashill, let us test the validity of his hypothesis, assuming the “traditionalist” were sane.

Taking Mr. Cashill at his word on that “roughly $3,500 a month” and assuming that the ancillary loan is described correctly, Ms. Griffith-Evans would have to have taken out the following loans to buy the house for $470,000:

  1. A $  94,000 (20% of the price of the house, an amount Ms. Griffith-Evans did not have in savings) loan.  This loan—which I’m guessing was for 30 years was offered at the rate of 12.5%.  (Mr. Cashill stipulates this.) Presumably, it was not secured by the property itself.
    1. This would produce a payment due of approximately $1,000 per month.
  2. A $376,000 (80% of the price of the house) 30-year fixed-rate mortgage, securitized by the property, at 7.00%
    1. This is the only way to total $3,500 per month if we assume Ms. Griffith-Evans borrowed the entire 20%, which seems to be Mr. Cashill’s contention.  Otherwise, she only borrowed around $57,000 and made a down payment of around $35,000—certainly not the actions of a “predatory borrower.”

All of this excludes the closing costs or title searches or inspections or any of the other minutiae that is required before such loans are approved. But the process is transparent in Mr. Cashill’s tale, so we should assume that is the way he wants it to be.

Strangely, the details Mr. Cashill offers do not jibe with that. He claims that Ms. Griffith-Evans “took out a fairly standard 8.5% loan on 80% of the purchase price.” And—in a case of poor writing that betraying poor thought—he collaterally notes that the $3,500 payment due was “increasing as the loan was adjusted.”  This would lead to an initial combined payment of approximately $3,900 a month—more than 10% higher than “about $3,500,” though still significantly below the rental costs of “about $5,000 to $6,000 per month” for apartments that, per Mr. Cashill, “suited her fancy.”

Mr. Cashill is determined to argue that the loan Ms. Griffith-Evans took out was not “predatory,” but was an 8.5% mortgage rate “fairly standard” in 2004?

 FairlyStandard

 

It doesn’t seem to be. Even the highest rate for conventional mortgages in 2004—6.29%—is  more than 220 basis points (2.20%) below the rate of Ms. Griffith-Evans’s loan, and that is excluding whether her rate was itself adjustable.  (It is unclear from Mr. Cashill’s account whether the 8.50% mortgage, the 12.5% additional loan, or both were adjustable.)  Or, to put it simply, the lender was charging Ms. Griffith-Evans more than a 35% premium for her loan.  Quite a premium to accept if one wants to be a “predatory borrower,”

One might fairly wonder why she was not offered a loan for the entire amount at a fixed rate that would produce a loan payment due of about $3,500 a month, eliminate the risk to the second, unsecured lender, and leave the primary mortgage lender with a less encumbered “owner.” (That rate would be 8.10% for a $3,500 per month payment, or—given Mr. Cashill’s figures—a loan of 9.30% for the entire amount.) Certainly, if the primary lender honestly believed the property was worth $470,000, they would have been willing to offer a loan for such an amount, with the attendant Mortgage Insurance.

Mr. Cashill wonders about none of those actors, either, however. Tis Ms. Griffith-Evans who is wholly at fault, from the Very Christian perspective presented.  Somehow, it was venal of her to elect to pay $3,500 a month for a house for her family, instead of half again more for an apartment.

I raise the possibility that the primary lender didn’t believe the house was worth $470,000—or even anything beyond $375,000—solely because the evidence runs that way.  There is first the fact that the lender was not willing to loan Ms. Griffith-Evans the entire amount—or even within 20% of  it—against the value of the property. (We can safely conclude this because the alternative is to believe that she, given the choice between paying 8.5% and paying 12.5%, honestly preferred the latter.)  The second piece of evidence comes from Mr. Cashill, who declares that the lender was “embarrassed” into allowing Ms. Griffith-Evans and her children to stay in the house—“presumably free of charge” (quite the presumption, that)—“while she tried to find a buyer.”  (Those of us who do not understand this behavior from a “predatory borrower” probably don’t understand Christianity either.)

Do I need to note that she failed to find a buyer? And that the lender clearly didn’t have one either, for—as Mr. Cashill continues—“When she failed to find one, the lender gave her still more time to find an apartment.”  The benevolence of lenders is legendary, to be certain, but this one is clearly destined for sainthood.

The world in which I live—clearly one with a different color sun than that of Mr. Cashill in this chapter—is one in which businesses make decisions based on revenue and cash flows.  So when the seller of the house accepted Ms. Griffith-Evans’s original bid, even with its dodgy financing, during the peak of the housing market, we must presume that they did so because they expected to receive more net money, easier, from that sale than from any other bid.  And we must presume the lender was fully aware of what they were doing—and charged usurious interest rates (compared to the market) accordingly.

So we have a situation in which, ex ante, all parties got the best deal they could, given the information they had.  Ms. Griffith-Evans paid around $1,000 a month less than she would have paid in rent, even  before any tax benefits.  The seller received a price to which they agreed, and which they represented as fair market at the time—with a lawyer doing a title search, a home inspector, and a home appraiser all corroborating that the property and the structure were as represented, and that the price was reasonably on the market (even if it wasn’t, or soon thereafter was not), all of whom were paid for their expertise and conclusion.  The lender received a significantly higher interest rate than they would have from another buyer, which presumably compensated them for their additional risk—and they had the property in reserve.

In the world in which the sun is yellow and Ms. Griffith-Evans is a single mother—not General Zod—economic agreements were reached consensually among the parties and of whom except Ms. Griffith-Evans were compensated professionals. Strangely, in the “traditionalist” world of Mr. Cashill, the one person in the entire series of transactions who is most likely to have been deprived of information is the one who should be described as “predatory.”

After a start like this, I can’t wait to read the rest of the book.

Sometimes, I hate being right. Most of those times are when I take a pessimistic view of data; this has happened a lot recently.

It gets worse when the people who agree with you are none other than The Giant Vampire Squid. As the Wall Street Journal notes:

Zero — First quarter GDP growth, minus the temporary factors of government stimulus and inventories, as estimated by Goldman Sachs.

With the economic recovery already nine months old, it’s easy to forget just how tenuous it remains. Consumers are spending and businesses are investing, but an uncertain amount of that activity depends on temporary lifts, most notably the American Recovery and Reinvestment Act of 2009.

I promise to get enthusiastic about inventory growth when people stop claiming that the drop in sales is based on the Demand side of the equation; that the banks aren't holding more than $1 Billion in Excess Reserves because they want to, but rather because they can't find borrowers.

Looking at state budget projections for next year, the reality that inventories cannot grow indefinitely, the unemployment and discouraged-workers levels, and the growth in long-term unemployment, it's difficult to find engines for growth.

Real GDP recovery is described fairly as, at best, lethargic. And now we know that even the lethargic recovery is stimulus-induced, not real.

But the headline numbers have given an excuse to do nothing, and steroid withdrawal is, I am told, a very painful experience.

When you need to understand something, look to the comics for the best explainations.


And a this sketch on the subprime problem.

Round One to the Banks, More to Come

Posted by Dan Crawford (Rdan) | 5/14/2010 07:36:00 PM

Round One to the Banks, More to Come writes Robert Weissman:

On the Wall Street reform bill, the Senate, late last Thursday, rejected probably the most important measure proposed to reduce Wall Street power, strengthen financial stability and fortify our democracy: breaking up the banks.

By a 33-61 vote, the Senate defeated the Brown-Kaufman amendment, which would have forced the largest banks to get smaller. Three Republicans, including Richard Shelby, the ranking member of the Banking Committee, joined 30 Democrats in supporting the measure.

[snip]

Although the defeat of Brown-Kaufman was crushing, it was, nonetheless, an indicator of the strength of the populist call to break up the banks and reduce Wall Street power. A sign of Wall Street's ongoing dominance on Capitol Hill had been its success in defining the call to break up the banks as outside the bounds of legitimate debate. Wall Street succeeded in the House, which did not seriously consider proposals to break up the banks. But it could not block the issue from an airing in the Senate; and once aired, the break-up-the-banks proposal gained substantial support, notwithstanding opposition from the White House and the chair of the Banking Committee, Chris Dodd.

Open thread May 14, 2010

Posted by Dan Crawford (Rdan) | 5/14/2010 05:21:00 PM

Marshall Auerback is a Roosevelt Institute Senior Fellow and Braintruster at the New Deal 2.0.

By Marshall Auerback

To paraphrase Shakespeare, things are indeed rotten in the State of Denmark (and Germany, France, Italy, Greece, Spain, Portugal, and almost everywhere else in the euro zone). An entire continent appears determined to commit collective hara kiri, whilst the rest of the world is encouraged to draw precisely the wrong kinds of lessons from Europe’s self-imposed economic meltdown. So-called respectable policy makers continue to legitimize the continent’s fully-fledged embrace of austerity on the allegedly respectable grounds of “fiscal sustainability”.

The latest to pronounce on this matter is the Governor of the Bank of England, Mervyn King. This is a particularly sad, as the BOE - the Old Lady of Threadneedle Street – has actually played a uniquely constructive role amongst central banks in the area of financial services reform proposals. King, and his associate, Andrew Haldane, Executive Director for Financial Stability at the Bank of England, have been outspoken critics of “too big to fail” banks, and the asymmetric nature of banker compensation (“heads I win, tails the taxpayer loses”). This stands in marked contrast to America’s feckless triumvirate of Tim Geithner, Lawrence Summers, and Ben Bernanke, none of whom appears to have encountered a banker’s bonus that they didn’t like.

But when it comes to matters of “fiscal sustainability” King sounds no better than a court jester (or, at the very least, a member of President Obama’s National Commission on Fiscal Responsibility and Reform). In an interview with The Telegraph, the Bank of England Governor suggests that the US and UK – both sovereign issuers of their own currency – must deal with the challenges posed by their own fiscal deficits, lest a Greece scenario be far behind:

“It is absolutely vital, absolutely vital, for governments to get on top of this problem. We cannot afford to allow concerns about sovereign debt to spread into a wider crisis dealing with sovereign debt. Dealing with a banking crisis was bad enough. This would be worse.”

“A wider crisis dealing with sovereign debt”? Anybody’s internal BS detector ought to be flashing red when a policy maker makes sweeping statements like this. The Bank of England Governor substantially undermines his own credibility by failing to make 3 key distinctions:

  1. There is a fundamental difference between debt held by the government and debt held in the non-government sector. All debt is not created equal. Private debt has to be serviced using the currency that the state issues.
  2. Likewise, deficit critics, such as King, obfuscate reality when they fail to highlight the differences between the monetary arrangements of sovereign and non-sovereign nations, the latter facing a constraint comparable to private debt.
  3. Related to point 2, there is a fundamental difference between public debt held in the currency of the sovereign government holding the debt and public debt held in a foreign currency. A government can never go insolvent in its own currency. If it is insolvent as a consequence of holdings of foreign debt then it should default and renegotiate the debt in its own currency. In those cases, the debtor has the power not the creditor.
Functionally, the euro dilemma is somewhat akin to the Latin American dilemma, such as countries like Argentina regularly experienced. The nations of the European Monetary Union have given up their monetary sovereignty by giving up their national currencies, and adopting a supranational one. By divorcing fiscal and monetary authorities, they have relinquished their public sector’s capacity to provide high levels of employment and output. Non-sovereign countries are limited in their ability to spend by taxation and bond revenues and this applies perfectly well to Greece, Portugal and even countries like Germany and France. Deficit spending in effect requires borrowing in a "foreign currency", according to the dictates of private markets and the nation states are externally constrained.


King implicitly recognizes this fact, as he acknowledges the central design flaw at the heart of the European Monetary Union - “within the Euro Area it’s become very clear that there is a need for a fiscal union to make the Monetary Union work.”

This is undoubtedly correct: To eliminate this structural problem, the countries of the EMU must either leave the euro zone, or establish a supranational fiscal entity which can fulfill the role of a sovereign government to deficit spend and fill a declining private sector output gap. Otherwise, the euro zone nations remain trapped - forced to forgo spending to repay debt and service their interest payments via a market based system of finance.

But King then inexplicably extrapolates the problems of the euro zone which stem from this uniquely Euro design flaw and exploits it to support a neo-liberal philosophy fundamentally antithetical to fiscal freedom and full employment.

The Bank of England Governor – and others of his ilk – are misguided and disingenuous when they seek to draw broader conclusions from this uniquely euro zone related crisis. Think about Japan – they have had years of deflationary environments with rising public debt obligations and relatively large deficits to GDP. Have they defaulted? Have they even once struggled to pay the interest and settlement on maturity? Of course not, even when they experienced debt downgrades from the major ratings agencies throughout the 1990s.

Retaining the current bifurcated monetary/fiscal structure of the euro zone does leave the individual countries within the EMU in the death throes of debt deflation, barring a relaxation of the self-imposed fiscal constraints, or a substantial fall in the value of the euro (which will facilitate growth via the export sector, at the cost of significantly damaging America’s own export sector). This week’s €750bn rescue package will buy time, but will not address the insolvency at the core of the problem, and may well exacerbate it, given that the funding is predicated on the maintenance of a harsh austerity regime.

José Luis Rodríguez Zapatero, Spain’s Socialist prime minister, angered his trade union allies but cheered financial markets on Wednesday when he announced a surprise 5 per cent cut in civil service pay to accelerate cuts to the budget deficit.

The austerity drive – echoing moves by Ireland and Greece – followed intense pressure from Spain’s European neighbors, the International Monetary Fund on the spurious grounds that such cuts would establish “credibility” with the markets. Well, that wasn’t exactly a winning formula for success when tried before in East Asia during the 1997/98 financial crisis, and it is unlikely to be so again this time.

Indeed, in the current context, the European authorities are simply trying to localize the income deflation in the “PIIGS” through strong orchestrated IMF-style fiscal austerity, while seeking to prevent a strong downward spiral of the euro. But the contradiction in this policy is that a deflation in the “PIIGS” will simply spread to the other members of the euro zone with an effect essentially analogous to that of a competitive devaluation internationally.

The European Union is the largest economic bloc in the world right now. This is why it is so critical that Europeans get out of the EMU straightjacket and allow government deficit spending to do its job. Anything else will entail a deflationary trap, no matter how the euro zone’s policy makers initially try to localize the deflation. And the deflation is almost certain to spread outward, if sovereign states such as the US or UK absorb the wrong lessons from Greece, as Mr., King and his fellow deficit-phobes in the US are aggressively advocating.

There are two direct contagion vectors off the fiscal retrenchment being imposed on the periphery countries of the euro zone.

First, to the banking systems of the periphery and the core nations, as private loan defaults spread on domestic private income deflation induced by the fiscal retrenchment. Second, to the core nations that export to the PIIGS and run export led growth strategies. So 30-40% of Germany's exports go to Greece, Italy, Ireland, Portugal and Spain directly, another 30% to the rest of Europe.

These are far from trivial feedback loops, and of course, the third contagion vector is to rest of world growth as domestic private income deflation combined with a maxi euro devaluation means exporters to the euro zone, and competitors with euro zone firms in global tradable product markets, are going to see top line revenue growth dry up before year end.

Let’s repeat this for the 100th time: the US government, the Japanese Government, or the UK government, amongst others, do NOT face a Greek style constraint – they can just credit bank accounts for interest and repayment in the same fashion as if they were buying some helmets for the military or some pencils for a government school. True, individual American states do face a fiscal crisis (much like the EMU nations) as users of the dollar, which is why some 48 out of 50 now face fiscal crises (a problem that could easily be alleviated were the US Federal Government to undertake a comprehensive system of revenue sharing on a per capita basis with the various individual states). But, if any “lesson” is to be learned from Greece, Ireland, or any other euro zone nation, it is not the one that Mr. King is seeking to impart. Rather, it is the futility of imposing arbitrary limits on fiscal policy devoid of economic context. Unfortunately, few are recognizing the latter point. The prevailing “lesson” being drawn from the Greek experience, therefore, will almost certainly lead the US, and the UK, to the same miserable economic outcome along with higher deficits in the process. As they say in Europe, “Finanzkapital uber alles”.

Partner Center

Recent Posts