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Thursday, January 15, 2009



Are Timothy Geithner’s tax mistakes serious enough to derail his nomination as U.S. Treasury secretary? Has his failure to pay $34,000 in federal levies, over a four-year span, rendered him unfit for the critically important post in this time of economic crisis? Or, to put it in more colloquial terms, does his past behavior constitute a major scandal? Is it a deal-breaker? Or is this a passing squall that Geithner will ultimately weather?

Frankly, I have no idea how this episode will play out. But I can hazard a decent guess, based on the scandal criteria outlined below. Before proceeding, however, let’s pause for a moment and recap the basics:

Geithner, a career civil servant and Treasury bureaucrat, briefly detoured into the private sector and worked for the International Monetary Fund. At the IMF, the tax rules for American personnel are a tad tricky. The Americans are responsible for paying their own payroll taxes (that’s the levy – we all pay it - which goes to Social Security and Medicare). The IMF, which does not make contributions toward those taxes, repeatedly reminds its American employes to cough up the necessary bucks. Geithner did not. When the IRS discovered, in a 2006 audit, that Geithner had failed to pay his payroll taxes for 2003 and 2004, he quickly complied, paying the back taxes plus interest. And when Barack Obama’s transition team discovered last autumn that Geithner had also failed to pay his payroll taxes for 2001 and 2002, he again complied, albeit retroactively. All told, his back-tax tab (plus interest payments) totaled $43,200.

Now let’s go to the scandal criteria, which might help us determine whether this episode is ultimately perceived as a hiccup or a hemorrhage:

Can the misbehavior be summed up in simple language, for easy public consumption? Unfortunately for Geithner, the answer is yes. Tax policy is complicated, at least for us laypeople. But this episode can be encapsulated in a single sentence: “Obama’s Treasury nominee, the designated number one tax man, didn’t even pay his own taxes.” That kind of line is potential grist for populist outrage; witness this blast yesterday from Republican Sen. George Voinovich: "He may be a smart guy, but the average person on the street sees that he hasn't paid his taxes."

Coverups are often more damaging than the initial offense; in Geithner’s case, has there been a coverup? Mostly no. No, in the sense that the Obama team quickly confirmed on Tuesday that Geithner had erred in his past taxes. No, in the sense that Geithner himself has been personally contrite, ‘fessing up to any and all interested senators. On the other hand, Geithner didn’t exactly do a full mea culpa at the time of his ’06 IRS audit. Yes, he quickly came up with the back payroll taxes for ’03 and ’04, after the IRS discovered that he’d been remiss in those years…but he stayed mum about the unpaid payroll taxes of ’01 and ’02 – until the Obama transition team uncovered the same problem.

Has all the dirty laundry been hung already? Maybe not. Weird little incidents keep trickling out, like the fact (which trickled yesterday) that Geithner augmented the size of his dependent-care tax credit by listing the money he spent to send his child to sleepaway camp in 2001, 2004, and 2005. Under tax credit rules, sleepaway camp doesn’t qualify as an allowable expense. Meanwhile, on another payroll tax front, the Obama team keeps referring to Geithner’s “honest” and “innocent” mistakes – but (another trickle) we now know that Geithner had signed IMF paperwork formally acknowledging that the payment of the payroll tax was his responsibility. Which would appear to constitute at least some level of awareness. And is there more to learn?

Do the misdeeds seriously call into the question the person’s qualifications for the job? No. And this is where Geithner’s prospects for survival start to look better. Geithner is widely respected in the international and domestic financial community; when Obama first announced his nomination back on Nov. 21, the markets spiked by nearly seven percent. Geithner’s misadventures with the IMF tax rules might look a lot worse if we were living in peaceful, prosperous times; in those circumstances, Congress might feel it had the political luxury to beat him up or bounce him entirely. But today, Geithner is widely viewed as “mission critical.” Which brings us to the next question.

Does the offender have a political support network, sufficient to ensure survival? Apparently, yes. Geithner has strong support from an incoming president with a 70 percent approval rating, and some key Republican senators are making nice. Lindsey Graham yesterday called Geithner “uniquely qualified,” and said “these are not the times to think in small political terms.” John Ensign has endorsed the Obama line about "honest mistakes." Charles Grassley, ranking Republican on the Senate Finance Committee, which will question Geithner next Wednesday, hasn’t formally taken a position on the nominee, and he faulted Geithner for tax "sloppiness" - but he also said yesterday: “I don’t believe there’s any doubt about his qualifications.” Meanwhile, Republican strategist Kevin Madden wrote yesterday on the Politico website that “at a time of great economic anxiety and enormous challenges, Mr. Geithner’s reputation for competence has afforded him a bipartisan level of respect,” sufficient to overcome the tax episodes.

Timing is everything, in politics and in life. It’s hard to imagine that Obama will be denied his top economic adviser in the first days of a new administration, in the teeth of an economic crisis. And one might also ask whether the American people feel sufficiently scandalized by Geithner’s behavior, after all that has transpired on the scandal front these past 10 years, from Bill Clinton’s sex-trysting to George W. Bush’s truth-twisting. Given our current straits, I wonder whether Timothy Geithner’s sleepaway camp expenses have the power to shock.

Posted by Dick Polman @ 11:30 AM  Permalink | 130 comments
Comments   
Posted 11:46 AM, 01/15/2009
Phrossty
You forgot "How many stones will the opposition be willing to cast?" criteria. (Sort of like yesterdays blog about Hillary.) Since the Obama nominations have begun, the opponents have pounced any every perceived impropriety and sounded every alarm. The problem is the general public seems to feel like the squeaky wheels are more like the Boy Who Cried Wolf than concerned citizens who have a valid beef.
Posted 11:50 AM, 01/15/2009
tom - wilmington, de
in 2001, Linda Chavez was nominated by Bush to be Secretary of Labor. Later it was learned that she gave money to and allowed to live in her home an illegal immigrant named Marta Mercado. Ms. Mercado was seeking "sanctuary" from an abusive boy-friend, and the money and shelter Chavez gave was considered by her to be emergency assistance. Later, she was cleared by the FBI of any wrong doing. However, the scandal forced her to withdrawl her nomination. Does Geithner's "honest mistake" rise to that level or above? It is in the WSJ today that the IMF informed him in writing on several occasions that he was responsible for his FICA taxes. He is supposedly a boy genius, financial wizard, and the only person who understands TARP. Are we to believe that with all this mental acumen he did not understand the tax laws?
Posted 12:21 PM, 01/15/2009
James TL
Considering the fact that the Obama team knew about this why didn't they nominate someone else for the job? Perhaps despite his 'honest mistakes'(I'm frankly not so sure they were honest) he is the best man for the job. It may now be too late to find another candidate. This doesn't bode well for our new president. Is finding someone without skeletons in their closet so difficult?
Posted 12:29 PM, 01/15/2009
JimR
He probably is the financial wonder boy everyone seems to think he is. When people are privy to that kind of info they use it to their advantage, never planning that they may be asked to be Treasury secretary someday, and having to explain it. But this is a lot of baggage and past nominees have been forced out because of the appearance that it leaves. He may be out as fast as the others. The question for this blog is: RE our resident tax and numbers crunchers, Liberal and Tom. Do you guys have any skeletons in your closets that would cause us here to be embarrassed if either of you would be nominated to such a position?
Posted 12:46 PM, 01/15/2009
NipTip
As usual, tom_in_wilmington distorts the facts to fit his agenda. Chavez herself withdrew her nomination when it was revealed that she lied the FBI about knowing the illegal status, and tried to influence her whistle-blower neighbor to lie to the FBI and the media. As soon as the word broke that she was being questioned, Bush & Cheney threw her under the bus and leaked the remainder of their short list for the post as possible replacements. In additional and more likely beside that point, labor groups had organized a heavy opposition to her (she was very anti-union) and were pretty much at the point of success in blocking her when the Mercado issue broke. She most likely wouldn’t have been confirmed even without the Mercado issue and she and Bush/Cheney knew it, so it was a rather easy out for all of them. But, because Geithner is a Democrat, he’ll get the grilling of a lifetime, because we all know when it comes to any scandal IOKIYAR. I think he’ll get through rather easily, but if he doesn’t get confirmed, the country is worse for it, and Dems will make sure that the voters know who sunk him: bitter, partisan, obstructionist Repubs who want to those who are already hurting to hurt even more.
Posted 12:47 PM, 01/15/2009
jmc
There's nothing that irks me more than the "No matter what he may have done, he's still qualified for the job" argument. Libs ran that argument to death with Bill Clinton, and it doesn't jive with the environment Obama says he wants to create. Accountability means accountability.
Posted 12:57 PM, 01/15/2009
tjhaol
I could buy this a whole lot more if not for the fact that the IMF notified its American employees of their tax status, asked their employees to file forms every year on their liability, and paid their American employees a "gross up" for their tax liability based on their signed statemens, where they attest to the accuracy of said liablilty. This seems to be more than an "honest mistake" and smells more of outright tax evasion. Funny, Joe The Plumber is on this site referred to as a tax cheat for a mere $2,000, yet Geithner the financial wizard made an honest mistake about which he should have knowledge and is too important to hold to account.
Posted 01:00 PM, 01/15/2009
NipTip
jmc - Oh really? Just the entire Bush Adminstration has been accountable - what a total joke! Typical Repub hypocrisy. Geithner is very well qualified and no one but the bitter Repubs are making an issue out of what is considered a common mistake.
Posted 01:12 PM, 01/15/2009
Djoko Pritza
I don't buy the arugument that Geithner is petty much the only one who can do the Treasury job (if so, not even Gold could save America). He should be jettisoned and Obama should cut his losses and name someone else. The right wing will be howling about this for the next 20 years. What is it about rich people (sorry, SMike, I'm not going to define "rich") that they still try to cut corners and cheat when they don't have to. So, no, I don't buy the innocent-mistake argument either. I want the top tax person in government to be honest enough to pay his own d*mned taxes. That's a minimum requirement.
Posted 01:14 PM, 01/15/2009
tom - wilmington, de
Nip....wrong. Chavez did not ask her neighbor to lie. She knew her neighbor would tell the truth...after all, the woman was a lawyer. The story was out that she asked the neighbor to lie, but was not so, as proven in the FBI investigation that she committed no wrong doing. Not even the NYT in its 2001 story intimated that Chavez asked her neighbor to lie, but that she told her neighbor to tell the truth when contacted by the FBI. I suppose you have a different source. What is that DailyKos link anyway? Labor was not in her corner due to her opposition to the minimum wage. As for accountability, it was Obama who ran a campaign calling for accountability and this has nothing to do with Bush. If Obama wants to hold his people accountable for their actions, this would be a good place to start...instead of saying Geithner is embarassed about the situation. This was not just an honest mistake. The IMF even grossed up his pay for his perceived tax liability, which he needed to notify them in writing under penalty of perjury. The IMF notified him in writing that he was responsible for his own taxes. How is this a common mistake when he signed off on it before receiving his "gross up" pay?
Posted 01:14 PM, 01/15/2009
rallyrally
Pipe down, children. All this whining and tantrum-throwing is for naught - Geithner will be confirmed. He is the best person for the job (even most Repubs in Congress agree) and this no time for political posturing when the economy that Bush wreaked needs quick, expert action to prevent another great Depression. That is, unless you don't care about your jobs, homes, savings and retirements and those of your children and grandchildren.
Posted 01:23 PM, 01/15/2009
Master Dreamz
Whether it was a mistake or not, no one on this board can say, one way or the other. In truth, the way I saw it, if he took those taxes to be paid and invested them, knowing he would eventually have to pay them when he got caught, he saw this as a money making opportunity to collect on the interest. I would have to know how much in penalties he accrued vs. how much he would have actually made, to know if this theory holds any water; but, it was my first thought.
Posted 01:26 PM, 01/15/2009
James TL
Honest mistake or not, someone who supposedly understands finance shouldn't make such mistakes. If you get a tax bill why wouldn't you just pay it like everybody else does?
Posted 01:27 PM, 01/15/2009
NEPhilly
I can't believe there is no Dem qualified for this job that has paid their taxes. If this was a Repub the nomination would be gone already! Just because we are in a (Dem created:) financial crisis doesn't mean we should lower our standards. It sounds like the Dems are pulling a Cheney (right Tal) on this one!
Posted 01:38 PM, 01/15/2009
CD75
Because Obama is an idiot and cannot vet, we do not have a Tresury Secretary during the worst economy since the 1930's. Good job B. Hussain Obama.
About Dick Polman

Cited by the Columbia Journalism Review as one of the nation's top political reporters, and lauded by the ABC News political website as "one of the finest political journalists of his generation," Dick Polman is a national political columnist at the Philadelphia Inquirer. He is on the full-time faculty at the University of Pennsylvania, as "writer in residence." Dick has been a frequent guest on C-Span, MSNBC, CNN, NPR and the BBC. He covered the 1992, 1996, 2000, and 2004 presidential campaigns.

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