Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich--and Cheat Everybody Else by David Cay Johnston

Jan 13, 2009 Martin rated it 5 of 5 stars

Infuriating look at tax policy (I now that sounds dull to most people) but its really easy to understand. And you will not believe how the tax system is structured. How is so incredibly skewed to server the rich.

Just to give an example from the book to peak interest, we all MUST pay social security taxes (which is something like 5-7% somewhere in there I believe). Its all the same, pulled automatically at pay period. Well, that is only up to 100,000 (approx.) So for example Bill Gates who earns...more

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Jun 24, 2011 Jorge rated it 5 of 5 stars

Shelves: politics-economics

Perfectly Legal: The Secret Campaign to Rig Our Tax System to Benefit the Super Rich - and Cheat Everybody Else by David Cay Johnston

"Perfectly Legal" is a depressing, infuriating, eye-opening book that reveals how the super rich take advantage of the political system and the rest of us by rigging the tax code and other laws in their favor. Pulitzer Prize-winning author David Cay Johnston brings us this mind-boggling account of the America of the rich and powerful. This 352-page book is compose...more

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Sep 08, 2011 Adam Kranz rated it 4 of 5 stars

Shelves: wealth-and-power-inequality, non-fiction

David Cay Johnston is a Pulitzer-Prize winning tax journalist who has spent his career exposing the methods, both legal and illegal, that the super-rich and mega-corporations have used to escape or reduce their contribution to social welfare. Perfectly Legal is essentially a series of vignettes about this topic. The book begins by examining the tax cuts and other perfectly intentional ways that the tax system has favored the wealthy and fostered the growing inequality of wealth and power we are...more David Cay Johnston is a Pulitzer-Prize winning tax journalist who has spent his career exposing the methods, both legal and illegal, that the super-rich and mega-corporations have used to escape or reduce their contribution to social welfare. Perfectly Legal is essentially a series of vignettes about this topic. The book begins by examining the tax cuts and other perfectly intentional ways that the tax system has favored the wealthy and fostered the growing inequality of wealth and power we are suffering from today. He briefly reviews the evidence: the economy has grown substantially over the past few decades, yet wages for over 90% of Americans have risen, in real terms, by only a nickel an hour. The vast increases in productivity have all been siphoned off into the coffers on the extremely wealthy.

As Johnston explains, part of this has to do with executive pay. As executives demand ever more absurd levels of compensation, regardless of their real worth to shareholders, this money must either be taken away from the salaries of other workers or away from the pool of capital that can be invested in productive expansion, research, and repair. As there is no free lunch, executive overpay hurts everyone except the executives.

Another wealth redistribution scheme emerged when Social Security taxes were raised to expand the pool of capital in the SS fund. This was necessary because, after cutting taxes on the rich, the government needed to use the SS fund to support basic government functions, and the existing pool wasn't large enough. Since the maximum contribution to social security taxes is low (around $110,000 at the moment), these tax increases hurt the low and middle classes but were essentially irrelevant to the wealthy.

A potentially unintentional but very important turn of fate made the Alternative Minimum Tax, which was created to prevent the upper classes from paying no taxes by using a surfeit of deductions, into an increasingly nasty surprise for the middle classes. Since its creation, due to inflation and legislative adjustments, the AMT has shifted its burden from the rich to the not-so-rich. This became a particular problem when the Bush tax cuts went into effect. While the tax cuts reduced the official income tax, it didn't affect the AMT, so many families who would have been entitled to the tax cut were instead merely forced to pay the AMT - which, by its nature, offers many fewer deductions and often ends up being more expensive than the normal income tax. For some reason I never grasped, this problem didn't threaten the upper class.

The rest of the book focuses on the battle between the IRS and those who would use illegal or underhanded means to avoid paying taxes. It seems that the IRS has been under attack for several decades now, as Republicans have realized that demonizing the tax-man is good politics. The result has been a handcuffed IRS that doesn't have the resources it needs to go after even a handful of the nearly ubiquitous tax avoidance schemes and tax shelters and straight-up lies used by corporations and the super rich to cheat the government and the people. IRS agents are often actively discouraged from pursuing high-profile tax cheats, apparently because the cheats are political donors with an access to the ear of politicians willing and able to call off the IRS. Instead, the IRS has been legally mandated to audit Earned Income Tax Credit returns at a higher-than-average rate, despite the facts that that demographic by definition doesn't have access to the kind of professional help they need to avoid making simple mistakes on tax returns, that that demographic, even in aggregate can't cheat the government out of an amount of money that would be worth pursuing, and that they are essentially automatically crippled by even the accusation of cheating.

The rich, on the other hand, are often able to essentially ignore the legal repercussions of being caught cheating. And with the complex schemes they are able to purchase from expert lawyers and accountants, their cheating is rarely caught. When they do go to court, expensive legal letters purchased from accountants often force the court to acknowledge that the evader purchased the avoidance scheme on the good faith advice of people who knew better that the scheme was legal. At worst, the company is forced to pay the taxes, so the scheme bears essentially no risk.

In this low-risk environment, tax cheats of various stripes have proliferated among slightly lower classes as well, and Johnston spends a decent amount of the book on them as well, essentially to point out that an absence of enforcement encourages cheating. The IRS estimates losses to tax fraud at up to $500 billion per year, though Johnston seems to, reasonably, believe that the IRS' estimates are generally low. (less)

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Aug 24, 2009 Michael rated it 3 of 5 stars

After reading Johnston’s subsequent Free Lunch, I assumed I’d love this book. Here Johnston condenses his experience as an NYT tax journalist in order to pinpoint the big issues – circa 2003 – that enable the top percent to pay less tax than their minimum wage and middling counterparts. As startling as this story is, I found the authors investigations of the innumerable devices, shelters, and strategies granted by Congress, and the IRS, and exploited by clever lawyers to be, well, taxing. The br...more After reading Johnston’s subsequent Free Lunch, I assumed I’d love this book. Here Johnston condenses his experience as an NYT tax journalist in order to pinpoint the big issues – circa 2003 – that enable the top percent to pay less tax than their minimum wage and middling counterparts. As startling as this story is, I found the authors investigations of the innumerable devices, shelters, and strategies granted by Congress, and the IRS, and exploited by clever lawyers to be, well, taxing. The breakdown of corporate subsidies in Free Lunch was far more accessible and interesting. Here there’s necessarily too many numbers, statistics and the like that tends to harsh one’s buzz. Important information, no doubt, but none of it as engaging as the anecdote told by my ex-hockey player friend Sara that when a tooth gets knocked out, dip it in milk and reinsert within two hours – and it’ll take! On top of this there’s the occasional overlapping of different studies that, while telling the same overall story statistically, the author picks and chooses random particulars from to shore up different arguments. It made my head spin like an unfortunate Evan Williams incident a couple decades back.

Part of my ambivalence may revolve around the fact that this was written six or seven years ago and I’m not sure how certain forecasts (many up to 2010) have played out. What is the status of the Alternative Minimum Tax that’s supposed to negatively affect most of us by next year? I dunno if it’s even still on the books. Probably is. I should do further research, but as this is my second tax book of late, I don’t think so. And what is this pension thing that the Government supposedly regulates and “requires”? Who gets those?!? I thought that was just for municipal employees and 50s sitcom dads.

Most conspicuously, of course, is that this was written before our latest recession. He writes from a vantage point after the 2000-2001 downturn. I personally felt that one to be a huge pain in the ass, but everyone within our current context seems to have forgotten it existed. And indeed the issues around the dot.com bust do seem almost quaint in comparison to our “Great Depression 2009.” Somehow the government now has an endless supply of (taxpayer) billions to pour into a domestic auto industry that, if I recall correctly, has been an indisputable embarrassment my whole lifetime – and I’m no spring chicken. No doubt our children who won’t be driving a GM product and certainly won’t be working in their long-shuttered factories will be paying for this questionable subsidy. Or the Feds can just pilfer the remainder of our Social Security to cover it (perhaps the most alarming fact covered by this book is how taxpayers between the early 70s and 90s paid such a high rate of SS taxes that the system was supposed be easily supported, basically forever…had our elected officials not stolen almost all of the funds for other purposes).

If there’s one important point to take away from Johnston’s narrative is that our pent-up angst towards the IRS is perhaps a bit misguided. Congress (and our executive leaders) are the main villains here and the IRS – not 100% blameless of course - is mostly just operating with the crappy hand dealt to them from the Capitol. Startling cuts in enforcement and funding, coupled with performance quotas led to that bizarre situation where the lowest level of taxpayers get audited (and penalized) at a significantly higher rate than big corporations and billionaires. Johnston’s exposé is yet another example of how the US appears to be on the express train to becoming the butt of Mexican and Kazakhstanian jokes.
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Jun 06, 2010 Daniel rated it 3 of 5 stars · review of another edition

This is an interesting book but definitely not a light read. It's a bit wonkish and though there are several good examples of how the system benefits the rich, there are probably one or even two too many. There are also a few pages that come across as angry as opposed to explanatory, which is probably by design but sort of annoying to read. At certain points, it feels like I'm being lectured. That being said, if you can stand the minutia, this is an eye-opening book that shows there has been a r...more

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Jun 29, 2012 Johnny Galt rated it 3 of 5 stars · review of another edition

Another first, reading a book about taxes. Although this book had some great anecdotal stories it was still about taxes. Many of the examples in this book covered the topics strangers drop over dinner conversations but in slightly more detail and only slightly more recountable. Still, it was only specific enough to connect in one's mind and not specific enough to become tax blabber. Even so, I really enjoyed the story of Jack Welch's divorce and dismemberment of the Stanley Works tool company. I...more

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Dec 31, 2009 Joe rated it 5 of 5 stars

Perfectly Legal covers many of the schemes used by the rich to avoid paying taxes. While it gets quite detailed, it's never incomprehensible. However it is very likely to fill you with rage. Johnston not only details tax dodges, but also takes on the validity of taxes (like the estate tax) and why they should be paid.

If you're like me, you'll be shocked to learn how tax audits are actually ordered, and how much information the government captures (or doesn't). Johnston paints a picture of a very...more

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Apr 26, 2009 Marcus rated it 4 of 5 stars

Recommended to Marcus by: Katerine Faddis

Shelves: political-economics

There is a quote by Ralph Reed, former director of The Christian Coalition, near the end of the book that sums up the contents pretty well: "In public policy, it matters less who has the best arguments and more who gets heard - and by whom"

Perfectly Legal describes how our tax system has been metastasized over that years to minimize tax for the wealthy and simultaneouly provide them with a myriad of ways to cheat or simply avoid paying taxes altogether. The system is not about fairness, it about...more

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Dec 26, 2010 Libby rated it 4 of 5 stars

Shelves: policy

Really good.

P.181
"At the behest of Congress, the IRS was auditing the working poor at eight times the rate of partnerships and yet the losses from partnerships were at least four times as large."
P. 204
"Hardly any resources are devoted to looking for those who simply do not file. When the IRS tried to find such cheaters in the early nineties, it turned up hundreds of thousands of them without much effort- and five years later most of those it found had dropped back out of the system again, no l...more Really good.

P.181
"At the behest of Congress, the IRS was auditing the working poor at eight times the rate of partnerships and yet the losses from partnerships were at least four times as large."
P. 204
"Hardly any resources are devoted to looking for those who simply do not file. When the IRS tried to find such cheaters in the early nineties, it turned up hundreds of thousands of them without much effort- and five years later most of those it found had dropped back out of the system again, no longer filing tax returns... If the figures from the last study are simply adjusted for the increased size of the economy, then tax evaders cheat the government out of more than $300 billion each year."
P.210
"Vicini pleaded guilty in 1997 to evading $2.2 million in federal income taxes and got a light sentence, just five months in custody."
P.212
"There were 230,000 MasterCards, which suggested that, along with the much larger Visa operation, between 1 million and 2 million offshore credit cards had been issued to Americans. Just 117,000 Americans disclosed on their income tax returns having any kind of offshore account, so even if only a half million cards had been issued by offshore banks, the IRS had a major problem. ... Blum had for years been saying that the United States was losing $70 billion a year to offshore tax fraud and now his estimate no longer seemed beyond imagining. And that estimate meant that seven cents of each dollar Americans paid in federal income taxes were just making up for the offshore tax cheating."
P.248
""The Republicans' mantra to their corporate buddies is 'Friends don't let friends pay taxes,'" [Texas Dem Representative Lloyd] Doggett said... "We need to take a pro-business stance and level the playing field so thousands of businesses that stay here and pay their fair share are not at a disadvantage" to those that avoid taxes through a Bermuda address."
P.256
"In all, the 10,000 biggest American companies reported $758 billion in profits worldwide in 1999 and paid taxes to the United States of $154 billion, or 20 percent, which was well below the statutory rate."
P.258 - the consequences of LLP incorporations by legal and accounting firms
"Traditionally, legal and accounting firms operated as professional partnerships. Under this arrangement, each partner was individually liable for misconduct by any other partner. This created a powerful incentive for legal and accounting firms to monitor each partner, to make sure that they were not only honest, but acted reasonably, lest every partner be exposed to lawsuits and damages....
Government regulation cannot be the answer to the moral hazard problem and to the actual amoral and immoral conduct encouraged by the new limited liability rules. Government cannot effectively, efficiently or fairly regulate the activities of the legal and accounting fields because their day-to-day operations are all judgment calls. Government can set minimum standards for admission to these professions. It can also pursue wrongdoers after the fact. But the blunt instrument of a regulatory agency can never be fine enough to police the professions. These day-to-day judgment calls can only be made by those in firms themselves, who can decide what is acceptable conduct and acceptable risk. The old partnership form accomplished just this with the savings and loan scandals serving as a reminder to behave properly, a reminder that was turned into an exercise in shedding professional responsibility."
The chapter about the erosion of defined-benefit retirement plans made me nauseous.

P.293
"What Rossotti [IRS Commissioner] would have told Houghton [richest man in Congress + chair of IRS Oversight Subcommittee]: "The tax system continues to grow in complexity, while the resource base of the IRS is not growing and in real terms is shrinking. Basically, demands and resources are going in the opposite direction. This is systematically undermining one the most important foundations of the American economy.""
P.295
"The IRS had about $46 per tax return to process returns, educate the public, advise on complex rules, audit, conduct criminal investigations and collect taxes. In comparison, many vendors of 401(k) plans charge $50 annually just for record keeping and mailing quarterly statements."(less)

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Jan 17, 2011 Kressel Housman rated it 4 of 5 stars

Shelves: non-fiction, business, economics, law

I first heard of this book in one of Dan Ariely's books, and he described it as explaining the tax code in plain English. Since I earn my living as a paralegal for an estate planning attorney, I figured this was necessary education for me. But I also guessed, based on the subtitle, that it would convince me that I'm in the wrong field. Not only was I correct about that, I was so persuaded by the author's cry for reform that I sent him my resume in case he knew anyone who could put my skills to w...more

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Skylar Burris The poor would pay NO taxes under a flat tax system. The flat tax would be applied to the entire amount ABOVE a standard deduction, and the standard d...more The poor would pay NO taxes under a flat tax system. The flat tax would be applied to the entire amount ABOVE a standard deduction, and the standard deduction would always be set at at least the poverty level. I've never seen a flat tax proposal that taxes the poor at all. Theoretically, you could also exempt the entire lower-middle-class from taxation under a flat tax rate system.

These aren't the numbers of a proposal, but just for mathematical example--suppose the federal flat income tax is 15%, and the standard deduction is $25,000. A person making $25,000 would pay NO taxes, a person making $50,000 would pay $3,750 in federal income tax and a person making $500,000 would $71,250 in federal income tax. But because there are no deductions or loopholes, etc. other than the standard deduction, there would be no way for the wealthy to avoid taxation on *any* amount of their income over the standard deduction. That guy making $500,000 would pay 15% on every penny of the $475,000 above standard deduction, instead of finding ways to exempt all but $150,000 of it. Capital gains, dividends, interest, etc. could simply be added to total income and taxed at the same flat rate.

It would also save the government billions by simplifying tax collection and enforcement as well. It would save individuals time and money by great simplifying tax forms.

It would also mean that productivity is never deterred by marginal income bracket considerations - there's never a wealthy guy who thinks - I was going to open that third restaurant, but why bother, since I only end up keeping such and such percent? If he opens the third restaurant, he keeps just as much as he did opening the second restaurant. Business therefore grows and unemployment declines. The poor benefit from economic growth, of course.

With a flat tax, you also don't encourage poor economic decision making with deduction distortions - i.e. "well, I really can't afford to buy that McMansion, but since I get to deduct the interest from my taxes, it really costs less than it seems...."(less)
updated Jan 05, 2011 01:53pm

Kressel Housman Put that way, it makes lots of sense.
Jan 06, 2011 06:33am

Apr 28, 2012 Marshall rated it 3 of 5 stars

Shelves: politics, economics, non-fiction

This book details many of the ways the ultra-rich cheat the tax system, reaping billions of dollars in unpaid taxes. This book never fails to explain this means that revenue must be made up by the lower- and middle-classes.

Some of these tricks are extremely clever, conceived by highly paid tax lawyers. I do mean HIGHLY paid--many of these tricks cost a million dollars just for the sales pitch! These aren't just loopholes and illegal maneuvers--although this book outlines plenty of those--this bo...more

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Sep 01, 2008 John rated it 5 of 5 stars

Insightful and immediately relevant examination of taxation. On Social Security: Reagan's tax cuts for the rich led to huge deficits. Along comes the Greenspan Commission on SS saying it will run out of money for benefits in 31 years, according to some questionable forecasts. Payroll taxes go up to fund future benefits. The additional money is used to balance the budget. These payroll taxes impact working people greatly and the very rich not at all, so this chain of events was an income redistri...more

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Feb 19, 2008 Tim rated it 4 of 5 stars Recommends it for: any U.S citizen who makes less than $8,000,000 per year.

Recommended to Tim by: heard about Johnstons new book on NPR- bought that one and this

despite some minor repetitions from chapter to chapter--the book was probably composed out of a number of serialized columns-- this book is an encompassing, mostly comprehensive* view of our american tax system and what has happened to it in the last thirty years.
*(mostly comprehensive, though i'll admit there were a few moments where i was scratching me head at the dizzying explanations of tax shelters, and others where i wish Johnston had gone further into detail. but overall, good work.)

In t...more

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Mar 23, 2010 Kip rated it 4 of 5 stars

Wow, I'm stunned. The US tax code is a convoluted and complex beast but the author does a good job deciphering the twists and turns. Then showing how the uber rich stay that way and everybody else pays for it. There's some opinion along the way, but it's well researched and full of amazing statistics.

* Couldn't finish
** I had nothing else to do
*** Passed the time, would be **** for genre / author fans
**** Everyone could enjoy this book
***** Everyone should read this book, I'll read it again

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Dec 10, 2012 Bruce rated it 5 of 5 stars

Published in 2003 and, for the most part, nothing has really changed. Another in what appears to be an endless stream of scrupulously researched, well argued, and utterly depressing books on the economic system in the U.S. And the 1% want even LOWER taxes?

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Jan 31, 2012 Paul rated it 5 of 5 stars

Everyone should read this. This is a pretty old book, but back when Lou dobbs wasn't a fox talking head he actually talked to this author all the time and exposed the corruption of the wealth class. This book will open your eyes.

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Aug 29, 2010 Gina rated it 5 of 5 stars

This book is sickening. It is pretty well-written and accessible, but you will learn things that are just sickening. Still, it needs to be learned.

Do not be intimidated by the focus on the tax code. Information is clear and comprehensible. Also, don't worry that the book is overly politicized. There are good and bad moves by both sides. Sadly, it is mostly bad moves on either side, as politicians are beholden to political donors, and federal employees get beholden to the people who will give the...more

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Aug 10, 2009 Ethan rated it 4 of 5 stars

Shelves: 2009

A thorough look into how America's tax burden has gradually shifted onto the poor as the cry for lower taxes, as well as the continuing growth of tax loopholes, has allowed those with resources to escape their responsibilities.

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Nov 27, 2008 Dave rated it 2 of 5 stars

This was an enlightening book and thereby disturbing. It describes how the tax system favors the super rich but also discusses the merits of income redistribution which is an annoying philosophy to me.

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May 04, 2013 Drew rated it 3 of 5 stars

Honestly, I didn't even get close to finishing this, but I felt like I got the message. The problem with it isn't that it requires some background knowledge of how taxes work (of which I don't have much); it isn't that the writing is lackluster (although that contributes); it's that all the problems Johnston outlines in the book have only gotten worse. Maybe this is true of most socially conscious non-fiction--it gets dated really fast because the problems it discusses either go away or intensif...more

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Jul 08, 2011 Nick rated it 4 of 5 stars

whoa, i kept avoiding this book knowing it would make me crazy and frustrated. that it did. but at least now i understand the immense dirty world of tax shelters, tax evasion, corporate ultra perks... and how we the little people never get anywhere. so bottom line, the regular wage earner - me, you - is a sucker. we lose so the super rich can protect and have more of their millions tax free. safe in bermuda, the cayman islands, with goldman sachs. every lame paycheck of mine provides more subsid...more

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Mar 24, 2013 Ann rated it 5 of 5 stars

What an eye opening book!!! Can't thank David enough for the tireless work he does to uncover the hidden agendas challenging the success of our society.

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Aug 07, 2011 Ron rated it 5 of 5 stars

Essential reading for anyone who wants to know how the tax code has been re-written to rob average Americans while letting corporations pay virtually no taxes.

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Jan 16, 2009 Vince rated it 5 of 5 stars

So infuriating! Excellent book for anyone semi-interested in wealth disparity, and with at least a little patience for economic journalism.

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Nov 20, 2012 Brett Green rated it 4 of 5 stars

Infuriating... Yeah, I'd agree with that. The ins and outs of the myriad of legal tax dodges employed by the country's wealthy class.

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Nov 02, 2009 Greg Chabala rated it 2 of 5 stars

Shelves: borrowed-n-read, borrowed

I picked this up thinking that it might be instructive in avoiding taxes by legal methods. However, most of the issues discussed were questionable in nature, and much had to do with tax dodges used by large corporations.

The most unfortunate part of the book was the writing. The tone was whiny, and as chapters drew on there were not just repeating themes but repetitive statements. I felt insulted to be told the same statement about taxes benefiting the rich in multiple chapters without any rephra...more

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Nov 30, 2008 Wayne rated it 1 of 5 stars

Overall I thought that the author made some good arguments against the tax system, but too many times he starting adding nonsensical data points to his arguments that I ended up diasgreeing with him on principle.

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Sep 06, 2008 Sarah rated it 4 of 5 stars Recommends it for: Americans

I admittedly did not read this book in its entirety. It was due to my own weaknesses, though, and not a reflection of the book. I am not much of a numbers person (all the accounting practices and taxation statistics forced me to re-read a lot of passages in order to understand). That aside, the book reveals a shocking system that should infuriate any tax paying American (or at least any non-mega-wealthy American). It is written clearly and gives examples of families who are benefitting from the...more

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Dec 07, 2010 Kevin Brady is currently reading it

Interesting look into the tax code and the changes made over the past 40 years by members of all political parties.

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Aug 24, 2012 Heidi rated it 4 of 5 stars · review of another edition

My brother loaned this to me and though I like math and accounting, I thought it was a bit boring. However, it opened my eyes to just how much we all pay when the rich decide not to pay their taxes. Makes me mad but I feel good in knowing that when I honestly pay my taxes, I'm not cheating everyone else out of their hard earned money! Huge eye opener!

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