Thank you!
Your support is sustaining the future of local news in our communities.

A shocking tax deduction

The top, banner headline in the Berkshire Record for Feb. 12-18 screamed, “State lawmakers avoid federal income taxes, thanks to loophole.â€

Intrigued, I read editor David Scribner’s article. He reports that a 1980 law made it possible for state legislators living more than 50 miles from their state capitol to take a $311 per diem deduction on their federal taxes for every day their legislature is in session. The article further asserts that the Massachusetts Legislature has been in perpetual session since 1988, and that several Berkshire legislators — questioned directly by the newspaper — do take this deduction (and don’t apologize for doing so), while at least one does not, considering it a matter of principle.

u      u      u

Intrigued, I did a little sleuthing on the Internet. And with a calculator.

The notion of state legislators cutting down their federal tax liability has also intrigued reporters elsewhere. A Tennessee headline lambasted Lt. Gov. Ron Ramsay for taking such deductions even for days when the Legislature was not technically in session.

I had to find the federal statute and see exactly what it said. You can look it up, too, at law.cornell.edu/uscode/26/usc_sec_26_00000162----000-.html. Scroll down to section H. An interesting document, a bit opaque as far as the details are concerned, but a lot clearer on what is permitted to happen. The legislator can deduct some money, but if he or she is being reimbursed by the state for their away-from-home expenses, those reimbursements need to be offset first. Also, the IRS appears aware that some state legislatures are quite generous with their own per diem benefits, and therefore the IRS only allows a state representative or senator to claim 110 percent of the federal reimbursement allowance as a deduction.

Now I went into the weeds of state-by-state details, an enlightening journey. While some states reimburse legislators for away-from-home expenses — these range from several hundred dollars a day to more modest amounts — others do not. Connecticut is one of a half-dozen that pay nothing in per diems to legislators. New York pays well over $200 per day, but legislators from New York City, Buffalo or Rochester who need to be in Albany are likely to have to spend the nights there and incur other legitimate expenses. Hartford is considered within commuting distance for all legislators.

How many state legislators are there, countrywide, and how many days are their legislatures in session? Eight states have fewer than 100 legislators apiece; 36 have between 100 and 200; and another six have more than 200. The largest number per state is not in California or New York, but in New Hampshire. New York has 212, California a measly 120.

Averaging yields a total of around 7,000 state legislators in the country. How many live more than 50 miles from state capitols? Legislators representing city-dwellers in metropolitan New York, Rochester, Buffalo, Birmingham, Anchorage, Los Angeles, San Francisco, San Diego, Dallas, Houston, Chicago, New Orleans, Des Moines, Cleveland, Cincinnati, Philadelphia and Pittsburgh all do. I estimate that around 5,000 legislators live farther than 50 miles from their state capitols.

u      u      u

How long the sessions last is less easy to answer. Why, for instance, can the Legislature in New Mexico do its annual business in 30 to 60 days, while Nevada’s requires 120 days? Texas, with a population of 20 million, surely can use the 140 days allotted; yet Massachusetts, with a population of fewer than 7 million, is in perpetual session.

Multiplying the average number of legislators who are eligible to take the deduction first by the average number of days a legislature is in session, and then once more by the $311 per day figure, could yield a net loss to the U.S. Treasury of $100 million per year.

u      u      u

Quite shocking! But not the whole story. When the deduction was first put in place, the IRS estimated that not all who were eligible took it, and that losses in revenue were around $5 to 8 million a year. Allowing for inflation, they consider that amount is perhaps now $25 million per year.

That is a not a lot of money for the federal government, which spent, for example, $142.6 million on each F-22 Raptor fighter plane before determining that the Raptors were not very useful in fighting wars in Iraq and Afghanistan. One hundred forty-five such planes were built before the program was shut down late last year. Where is the media outrage over that deduction from the Treasury?

Salisbury resident Tom Shachtman has written more than two dozen books and many television documentaries. He will be speaking about his newest book, “The Forty Years War,†at the Scoville Library in Salisbury on Feb. 27.

Latest News

Cornwall Historical Society celebrates Connecticut’s Black patriots

On Saturday, Oct. 24, at the Cornwall Historical Society, author and genealogist John Mills will breathe new life into the stories of some of Connecticut’s more underappreciated patriots. The reason these heroes were forgotten? They were Black.

At a time when white colonists were fighting for their own liberty and political independence, many Black men who fought alongside them remained enslaved. Some risked their lives only to return to bondage. Though enslaved people were promised freedom from both sides of the Revolutionary War in exchange for their service, Great Britain, too, was still deeply dependent on slavery. For Black people in America, the war presented both extraordinary risks and uncertain paths to the freedom that white colonists were demanding for themselves.

Keep ReadingShow less

A sanctuary for second chances

A sanctuary for second chances

Stephanie Saetta runs Charlie Chicken Bones, a sanctuary in Salisbury.

Madi Long
You only get one or two of these soul connection dogs, so I do this in his honor.
— Stephanie Saetta

Stephanie Saetta has spent much of her life caring for others. A physician at White Plains Hospital, she has another calling at home in Salisbury — one that has four legs and a wagging tail. She runs Charlie Chicken Bone Sanctuary, a nonprofit dog rescue that brings dogs from overcrowded pounds and the streets of Texas to foster homes in northwestern Connecticut, where they can begin again.

The sanctuary is named for Charlie, the dog who taught her how special a bond between a person and rescue animal can be.

Keep ReadingShow less
Big ideas come to Lenox for inaugural field festival

Hunter Runnette, founder and board chair of field, has spent years fostering arts and cultural programming in the Berkshires.

Provided

What do joy, gardening, artificial intelligence, the American experiment and the creative process have in common? Quite a lot, as it turns out, at least when some of the world’s most compelling thinkers get together to talk about them.

From Friday, Oct. 23, through Sunday, Oct. 25, Lenox, Massachusetts, will host the inaugural field festival, a three-day gathering of writers, artists, scholars and cultural figures at Shakespeare & Company. Billed as a festival of ideas, entertainment, learning and discovery, field brings together an impressive roster of voices to explore everything from the deeply personal to the profoundly political.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

The Pink House AM is serving up community

Mare Rubin and Maggie Levine of the Pink House AM.

Madi Long

It all started with a yoga class. Mare Rubin was working on her second act after leaving the Upper West Side, where she’d raised a family and worked in corporate marketing. Newly empty nesters, she and her husband decided to move to the wilds of northwestern Connecticut, where they had spent 15 years as weekenders, to see what life in the woods had in store for them.

Rubin started teaching yoga classes at the Union in West Cornwall, a space designated by the town of Cornwall as a community hub with couches, Wi-Fi, occasional events and a growing yoga class schedule. She was adjusting well but missed one important thing about city life: a casual coffee shop.

Keep ReadingShow less
Sons of Astro are musicians, friends and bandmates — in that order

The Sons of Astro will be at the Common Pub in Housatonic on Oct. 24 and the 2nd Home Lounge in Winsted on Nov. 14.

Provided

No matter where they are in the world, musicians seem to find other musicians. There’s a shared language, a shared experience of being on stage and performing, and a shared enthusiasm for making those melodies by themselves or together. Such is the case with Norfolk and Brooklyn-based cosmic Americana band Sons of Astro.

That magnetic musicians’ bond drew Brooklyn-based singer-songwriter and multi-instrumentalist Mike Cobb into the orbit of singer-songwriter and multi-instrumentalist Matt Statler. The two neighbors took to each other right away and were soon playing open mics together. As an ethics professor at NYU’s Stern School of Business, Statler made the case that if he sat in for Cobb’s set and Cobb sat in for Statler’s, they could play together and double their stage time. Clearly, these men wanted to make as much music as possible. That became a little harder when Cobb and his family moved up to Norfolk, Connecticut.

Keep ReadingShow less
One more weekend to get inside the art at ArtEast

The participating artists in this year’s ArtEast open studios.

Provided

ArtEast’s annual October Open Studio Tour is already underway, but there’s still one more weekend to step inside the creative worlds of artists working throughout eastern Dutchess County. On Saturday and Sunday, Oct. 24 and 25, artists will once again open their studio doors, inviting visitors to see where the work happens, meet the people who make it and perhaps discover something worth taking home.

Now in its 21st year, the ArtEast October Open Studio Tour offers a self-guided journey with participating studios in Holmes, LaGrangeville, Hopewell Junction, Pawling, Patterson, Poughquag and Wingdale. Visitors can explore painting, photography, sculpture, mixed media and other artistic practices, and get some leaf-peeping in at the same time.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.