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BOARD OF GOVERNORS
• F THE

FEDERAL RESERVE SYSTEM

Office C o r r e s p o n d e n c e
Tn

Mr. Thurston

Frnm

Mr* Liusgrave

November 20.v&z
Subject; Address by Randolph Paul

A flM*

I have read Mr. Paul*s address and think that it is
an excellent brief statement or the difficulties and objectives
of tax simplification.
The statement might have been a little more positive
regarding the desirability of reducing requirements for mandatory returns under the income tax (pages 26-27)
might have
given a little more emphasis to the simplification of the corporation income tax. Also the point might have been made that
most of the difficulties arise in connection with determining
taxable income rather than -with applying rate schedules. However, not everything can be said in a brief address, and on the
whole I find the paper to be very good. I don't think that any
specific suggestions are required.




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Form P. R. 511
TO

Mr. Thurston

FROM

meb

REMARKS:
The Chairman asked that you check over
this speech as far as the OWI is concerned Miss Friedline called last night about it and then he would like to have Mr* Musgrave
check for any comments or suggestions that
might be made to Mr# Paul direct.

CHAIRMAN'S OFFICE



©

TO I

Mr. Eccles

11-18-43
Tou may be interested in
revievdng copy of my address
to be given before the National
Tax Association on Llonday.
If you have any comments
or changes I shall appreciate
your letting me know.
Randolph Paul


http://fraser.stlouisfed.org/
From: MR. PAUL
Federal Reserve Bank of St. Louis




TREASURY DEPARTMENT
issshlngtoa

(The following address by Randolph E. Paul,
General Counsel of the Treasury, before the
Hational Tex Association at the Palaer
House, Chicago, is scheduled for delivery
at lt80
Central War Time, Monday,
Hoveaber ZZ, 1^43, ana is lor releaseat
that Uae.J

SIMPLIFYING ODE TAX LAWS
I em at a peculiar disadvantage this afternoon. A little
more than a month ago here in Chicago, I addressed a group of
business men. Xj subject was "Simplification of Our Tax Laws."
I am here today to discuss "Simplifying Our Tax Laws." Tou see
mv dileaaia.
It reaiaas me of a story which is told of the eminent
natural let, Agassis. V.kea he sias to deliver his first visiting
lecture in Zurich, he had grave doubts about his ability to
occupy the prescribed three-quarters of an hour. He was
speakinj without notes, and from time to time he glanced
anxiously at the watch that ley before him on the desk. When
he had spoken half en hour, he felt that he had told the
audience everything he knew in the *orld. "From that point on",
he said, *X began to repeat sgraelf and I have done nothing else
ever sinee.*




Apparently I did not

~ 2 -

apparently I did not talk for thirty minutes when X was
last in Chicago for I do not believe that I said everything
there is to 88/ about simplification. Perhaps you will aLlow
me to begin now where I left off then*
Today we soatetimes think that we are victlos of a aslady
which never attacked anyone before* But complaints about the
complexity of our tax laws are an old story* the patient has
been suffering for a long time; the disease has become a national
scourge; it has even crossed national boundary lines.
Causes of Complexity
The first thing we discover when we attempt to diagnose
this complaint is tact there is no single cause. Our tax system
did not become complicated overnight. Some complexity originates
la a coa&endable Congressional desire to prevent tax avoidance.
Sometimes a cos&ftndaole desire to give tax relief results la
complication. A 90 percent excess profits tax can he written



vtiy simply.

very simply. But the relief provisions which that rate makes
imperative must be extremely complicated* Still another
contribution to complexity stems from our manifold system of
administrative and judicial interpretation.
War taxstion adds its own complications. You are all
familiar with the paradox on the economic front that in wertiae
increased purchasing power aearvs fewer purchasable goods, the
same condition that produces plentitude of income also produces
scarcity of goods. On the simplification front one finds
another curious paradox. War taxation leads at the same time
to a general demand for simplification and a maximum of
specific requests for complicating amendments.
Competing Considerations
fe have then a basic conflict. In tax law, as more
generally, there are almost always competing considerations*




What is simple may

Ahfct is sizable may not be equitable* What is equitable my
of necessity be complicated. In other words, simplicity and
equity are often incompatible and m rre forced to choose
between them. In choosing we ssust weigh advantages gained
against advantages lost, knowing what we are doing when we
make an election. A sufficiently desirable objective, either
by way of relief or by way of preventing tax avoidance, may
be worth some complication, k particular itea of simplicity
say not be worth the inequity it entails. The question is one
of price, end our first choice should be the simplicities that
are the best bargains.
Then, too, there is something ad hcipinem about
simplification. Vshat is simple to one taxpayer may not be
simple to another who play, a part in administering the tax.




For example, it seemed

For example, it seemed very desirable when we nere working on
the 1942 Revenue Act to introduce collection et the source into
our tax structure. You will remember that such a systea was
introduced et the beginning of 1943 to expedite the collection
of the Victory tax. It was extended in the Current Tex Payment
£ct to cover the normal taxfendthe first bracket of surtax.
In connection with collection at the source we found specific
application of the maxim that one ^en'B aest is another man's
poison.
It is to the interest of employees that the amount of tax
withheld at the source be matched as closely as possible with
final tax liability. Undei—thholding may nean loss to the
Goverataeat. Over-withholding may aetm inconvenience, and even
hardship, to employees. But the question canact be approached
only from this one angle.




In the pay-as-you-go

- 6 -

la the pay-as-you-go procedure we were putting a burden
upon employers. In one sense we were asking then to become
deputy collectors of internal revenue. It was only fair,
therefore, to consider their convenience, as well as the
convenience of employees. This meant that we had to reduce
the classification of employees to a minimum in order that
the accounting problems of employers would not be too irksome.
In other words, sre had to withhold on an approximate basis,
grouping particular employees according to the band method.
We did not wish to require employers to make specific computations
which would result In exact withholding. Nor did we want to
permit too many changes in exemption status during the year.
k choice had to be made between the relative convenience of
employers end employees,




The Meaning of Simplification
Wiaa ali^frurdsbecome

- 7 -

The Meaning of Simplification
When any words becoae as popular sb Use words "tax
simplification" have recently become, one may be very sure
t^&t the phrase moans iaany ciiffercnt tr"m;s to iusny different
people. The sords may mean so much that they seen little or
nothing. Certainly the term wtex simplification* is a vague
abstraction, snd it is necessary to look behind it for the
concrete meanings which it holds. I have tried to gather
together from conversations, newspaper stories, and revenue
hearings some of these diverse meanings.
From the standpoint of inaividual taxpayers and the sb&II
business m n simplification means a number of things. It means
a minimization of tax arithmetic. It means the elimination of
unnecessary records. It means the reduction of tax foras to




a few lines ahich can be

- 8 -

a few lines which can be filled in swiftly without digging
deep into old papers. In short, it means a tax structure
which tr>e casual newspaper reader can understand with no sore
acmtal strain than it takes to follow Joe Palooka.
Soste taxpayers probablj use the word "simplification1* in
the sense of certainty. They are perplexed by our tax laws.
They don't know how such they owe. The statute is filled
with provisions which only the expert can understand, and he
so&etbaes has a hard tine. In fact, the expert*s difficulty
scmetiaes parallels the situation in which Robert Browning
found himself in "The Barretts of '^iiapole Street.® You
re&esaber that Elizabeth Barrett asked the poet the meaning of
Boae of his lines. After Srownin. * had read them aloud three
tiaes he said: "Elizabeth, when those lines were written, God
and Robert Browning knew what they meant. How God alone knows."




Basle policy conflicts

9 •»

Basic policy conflicts are frequent in the statute; the
essential pattern of objective Is vague* Concepts have
changed; the desire to prevent inflation is a novel tax motive.
Taxation has new folkways, the future is a black imponderable.
In all this whirl taxpayers glance with nostalgia toward the
old certainties they once thought they had, and the present
becomes sore uncertain than ever*
From the standpoint of the treasury simplification has
still another definition. We certainly recogniEe that the
success of the income tax depends on achieving the utmost
desirable simplicity. This is essential to taxpayer good-willy
which in tarn is essential to successful administration. Bat
we have our own internal problems, which at the moment are
greatly intensified by oar inability to secure accounting
machine ly and hold personnel. The number of returns whleh must




be handled by the Bureau

-10-

be handled by the Bureau of Internal Eevenue is a vital
matter, but it ia even more vital that these returns be as
simple as possible. The difficulty with complicated returns
does not end with their filinc; they must be audited.
Correspondence may be necessary. Interviews with taxpayers
end their representatives may be required. The number of
direct contacts with the individual taxpayer, and the clerical
work of keeping accounts with him and his employer, are matters
of intense concern to a Bureau of Internal Revenue which
desires to afford eveiy aid possible to puzzled taxpayers.
Finally, there is the process of judicial review. The simpler
our tax laws are mace, the easier the whole process of
administration and interpretation becomes.
Dual Hature of the Problem
Simplification is & vast subject. There are things that




may be done quickly

- l i my be done quickly on the basis of sufficient knowledge at
hand, and there are things which it would be unwise to attempt
without a further clarification of issues and considerable
additional investigation of law and facts. In this latter
category fall changes In the "reorganisation* provisions end
more satisfactory correlation of the income, estate and gift
taxes. Powers of appointment remain troublesome, but perhaps
It is well to make haste slowly in this highly technical field
of estate tax law. Trusts are a thorn in the flesh of the
income, estate, and gift taxes. The Treasury is working upon
these and many other problems, and has called upon the outside
Tex Bap for suggestions end advice; a special committee is
working upon estate and gift tax correlation. We hope to be
able to deal intelligently with these problems when we get to
the 1944 administrative revenue act, ,.
Simplification at the Return Level
In 1932 exemptions and



- 12 -

Simplification at the Return Level
In 1932 exemptions and national income were at such
a level that slightly less than 2 million returns sere filed
with the Bureau of Internal Revenue, For the year 1344 it
is expecteu that more than 44 million returns will be received.
This increase In the number of taxpayers intensifies the need
for simplification. The income tax must permit of simple acts
by taxpayers if full compliance Is to be achieved. Most
taxpayers are not concerned with what the statute or the
regulations or the court decisions say. To the man in the
street the income tax return and the instructions on that
return are the whole story. It is logical then that
simplification should commence at the return level.
The Treasury has recommended a number of changes in our
tax structure which will help to achieve simplification at




this level. I should

- 13 -

tills level, X should like to discuss some of these changes
with you in detail. We shall need your help. In the
campaign for simplification you can help best if you understand
what we are trying to do.
The Earned Income Credit
It the suggestion of the Treasury the Rouse Ways said
Means Committee voted the elimination of the earned income
credit new in the statute. This credit, as you know, is
10 percent of earned net income or of net income, whichever
Is lower, up to $14,000. The first $3,000 of income,
whatever its character — even though it be dividends or bond
interest - is presumed to be earned income. The credit is
only for normal tax purposes, which means that its maximum
value at the $14,000 level Is $84.




If this earned Income

- 14 -

If this earned income credit were & true earned income
credit, it might be worth the complication it Involves. The
extension of the credit to the first $3,000 of net income,
irrespective of its character, thwarts the objective of
favoring earned income. This presumption is required by
administrative necessity; it -sculd be impossible for the
.Bureau to check the type of income received by the millions of
taxpayers in the lowest brackets. Since we cannot aohieve
a practicable discrimination in favor of earned income, we may
as well avoid the complexities inherent in an unsuccessful
attempt. The elimination of the credit will he a distinct
step toward simplification.
Consolidation of Normal Tax and Surtax
Fart of the trouble with tax calculation arises from the
fact that we have so many different rates. As a partial and




palliative remedy, the

- IS palliative remedy, the Treasury has recommended the

consolidation of the normal tax and the surtax. You are
well asfcre of the defects of the present system. The earned
income crecit and the issuance prior to 1341 of partially
exempt federal bonus ere the only regaining excuses for two
concepts of net income — one for normal tax purposes and the
other for surtax purposes. If we eliminate the earned income
credit, only one reason remains for submitting to the difficulty
involved in expressing the rates of tax. This complicates
returns, making necessary two statements of net income and two
computations of separate tax liability which must be added
together.
The obvious solution is to integrate rates into onet
schedule and limit ourselves to one concept of net income.




Oar rate for the first

~ 16 -

Our rate for the first $2,000 of net income could then he
19 percent — 6 percent present normal tax plus 13 percent,
the first surtax bracket. For the second $2,000, the rate
could be 22 percent — 8 percent plus 16 percent. This
simplification can be extended throughout the rete structure.
Treatment of Tax-Exempt Securities
One precaution need be taken. About 7 billion dollars
of partially tax-exempt securities are outstanding. We do not
wish to enlarge the benefits of this exemption, nor do we wish
to repudiate a contract of exemption. The status quo can be
preserved by allowing, in lieu of the present credit
against net income, a credit against the tax of 6 percent of
partially tax exempt interest, or of net income after the
exemption, whichever it lower. This would give partially




tax-exempt bondholders

tax-exempt bondholders the exact benefit they possess today
and would limit extra computations to the few taxpayers who
own tax exempt bonds* I era confident that such an amendment
would be constitutional*




- 18 Elimination of the Victory Tax
In the 1942 Act the Senate finance Committee inserted,
and the conference corajaittce accepted, the famous "Victory"
tax. The object was to reach by a special tax incomes below
the exemption levels of the 1942 Act — $1200 for a married
person without dependents, $500 for a single person and $850
for each dependent. As a natter of fact, the Viotory tax
collected from persons in those low brackets only about
$300,000,000 of revenue. The balance of the $3 billion yield
of the tax cause from persons already subject to the regular
income tax. It is a matter of indifference to these higher
bracket taxpayers whether a particular dollar of tax paid is
labeled Viotory or income tax.
To you, I need not elaborate upon the complications of
the Victory tax* Its speoial set of deductions results in




a separate conoept

- 19 -

& separate concept of taxable income. The tax has a different
set of exemptions. The dependency credit is recognised only
in a complicated postwar credit. The faulty structure of the
tax was recognised by Congress whon it eliminated the postwar
aspects of the credit for 1943. The "ays and Means Committee
has followed by integrating the tax with the regular income
tax for 1944.
In hla statement of October 4 before the &sys and Means
Committee, the .Secretary of the Treasury proposed the elimination
of the Victory tax and the lowering of the regular exemptions
for married persons without dependents from §1,200 to $1,100,
and frost 1350 for each dependent to $300. The Secretary also
proposed raising the surtax and the elimination of the earned
income credit to recapture some of the revenue lost by the




elimination of the

- 20 -

elimination of the Ylctory tax* the adoption of theee
proposals would have enormously simplified returns. Indeed,
it is doubtful whether any adequate simplification can be
achieved without the eli.iine.tion of the Victory tax.
The Ways and Means Committee has adopted a minimum tax
plan in lieu of the Victory tax. The minimus tax is three
percent of regular statutory net income with exemptions of
$500 for a single person, 1700 for married persons without
dependents, and $100 for each dependent. Married persons
filing separate returns are entitled to a single person's
minimum tax exemption, and are required to take a single person's
regular tax exemption. This proposal slso increases the normal
tax to 10 percent.
X shall not burden you with a long explanation of the
defects of this substituted proposal. Tou will note that It




eallft for a set

calls for & set of exemptions different from those applicable
for purposes of the regular income tax. This necessitates
a table, giving & series of breaking points showing which tax
applies — the minimum tax or the regular income tax. The
treatment of joint and separate returns presents further
complications as to choice of return. There are several nones
in *hich one of two foras of filing is more desirable, the
limits of the sones varying with dependency status and division
of inoome between husband and wife. Taxpayers will be forced
to make alternative computations in order to ascertain whether
to file Form 1G40A or Form 1040 and whether to file joint or
separate returns.
Simplicity Is not to be found In mechanical forms which
aire not easily understood. It calls for a tsx the basic




outlines of which

- 22 -

outlines of which can be explained by one neighbor to another,
the minimus tax, and the table it requires, can be explained
by one expert to another, but not by neighbors over the baok
fence. It seems clear that the collection of about $300,000,000
of tax. from thesq particular individuals, less than 2 percent
of our income tax collections from individuals, is not worth
the complex! ty involved in this minimum tax. Moreover, to
exact a tax from incomes at the subsistence level is a questionable
contribution to the fight against inflation, the revenue will
not be lost, since It can be distributed throughout the surtax
brackets.
Extending use of Form 1040&
I now turn to a possible simplification — a homely remedy
for the deductions tangle* Tou are familiar with Supplement T,




whieh permits the use

- 23 -

which permits the use of form 10401 by taxpayers having gross
income of not acre than $3,000 consisting of salaries, dividends,
interest and annuities. It has been suggested that the $3,000
boundary be raised. There are 6 million taxpayers having gross
incoae between $3,000 and $5,000, of which 2 million taxpayers
would be eligible to use Form 1040A, if it were extended. It
would be a convenience to taxpayers with incomes above $3,000
to use Form 1040A. Taxpayer convenience coincides with
administrative economy, since the estimated cost of handling
the simpler form is less than half the cost of handling the
longer Form 1040.
On the other hand, the extension I have suggested would
cost about $17 million in revenue, and no doubt many persons
entitled to use the simplified fora under the extension would




still compute their

- 24 -

still oompute their tax both ways in order to he sure that they
were paying the lowest possible tax. W* are working on this
problem in the Treasury and hope to present definite
recommendations to the Congress in the near future*
Eliminating Some March 15 Returns
Now that we have collection at the source, you have heard
much discussion of the possibility of eliminating March 15
returns for persons entirely in the first surtax bracket, whose
liabilities are collected at the source. This is another matter
under serious consideration In the Treasury* There are
arguments on both sides of the question* On the one hand, it is
certain that the elimination of Maroh 15 returns would simplify
taxpayer compliance and reduce taxpayer irritation. The persons
relieved of filing returns would be those in the lowest taxable
bracket; these taxpayers are least familiar with tax procedures




and find the T8»Mwg

- 25 -

and find the o&icing of returns most difficult. It is also
argued that paper work would he reduced and administration
simplified.
On the other hand, several important considerations
militate against the elimination of returns. If returns tre
eliminated, administrative controls over taxpayers and
employers will he weakened. The morale value of a tax return
made under penalty of perjury will be lost, the possibility
of a cross-check of employee returns against employer reports
will be gone. It Is well to remember also that taxpayer
returns serve as the basis for adjusting the over-collections
and under-collections which ar& inevitable in any withholding
system. In caBers of part-year unemployment, change of family
status, and double employment, for example, these adjustments
may be quite substantial, then, too, the function which




returns play in

- 26 -

returns play in educating citisens in their role as taxpayers
and in stimulating a sense of direct participation in
government should not be overlooked.
In discussing the elimination of returns it is important
to recognise that different people mean different things by
the phrase, "elimination of returns'1. Some mean that we should
go from an annual accounting period to a payroll accounting
period, and that withholding should itself be the tax. Under
this interpretation a broad class of taxpayers would be neither
required nor permitted to file, the inequities of such
a solution and the great difficulty of drawing a line between
filers and non-filers make its adoption highly questionable.
Other people mesa by "elimination of returns" that the annual
accounting period be retained, but that only those who wish




to claim refunds

- 27 -

to claim refunds and those who have substantial additional
taxes to pay would be permitted or required to file. A third
inte pretation of "elinination" is that taxpayers would be
required to furnish only a niniraua of information; their taxes
would be computed for then by the government and refunds or
additional assessments would be issued without further action
on their part. These alternative solutions and others are
being closely examined in the ireasury.
Graduated withholding
iiisipliiic&tion is possible also in the domain of
withholding. One suggestion, originated with Judge Vinson
and recently made to the «ays and ^ieanu ^onmittee, was that
withholding would he on a ^ross basis under a system which
would enable taxpayers to understand instantly what percentage
of their salaries was being withheld at the source. The




Treasury has recomended

- 28 -

Treasury has recontended to the Coamlttea that collection at
the source he made to apply to the taxpayer*s full liability
rather than merely to his partial liability under the normal
tax and the first bracket of surtax. The method for
accomplishing this result would be to have a series of withholding
rates applicable to gross wares, as a substitute for the present
precise rates. This series of withholding rates would be
expressed in tables based on the status of the taxpayer. There
eould also be t&blca calculating the amounts to be withheld,
as at the present tine.
Any objections to the inaccuracies resulting from the
wide brackets in the present-law tables would be minimized by
providing substantially narrower brackets over the ranges of
wage within which most employees fall.




Employer groups with

- 29 -

Employer groups with whom withholding problems have been
discussed,have indicated the desirability of graduated
withholding from the standpoint of their relationships with
employees. At the time for filing the first of the new
quarterly declarations this past September, several large
employers reported that requests from employees for information
as to total amounts of wage and of withholding over the year,
as well as for assistance in the computations and the
preparation of the form, resulted in significant additional
burdens for their tax end accounting staffs. The question
arises whether graduated withholding would unduly complicate
the preparation of payrolls, Careful study, as well as
discussions with employer groups, indicates that little or no
extra burden upon employers would result.




Investigation of this

- 30 -

Investigation of this proposal reveals farther interesting
data. At present the first $2,000 bracket covers about
33,000,000 taxpayers. The remaining 23 brackets cover less
than V,000,000 taxpayers. The lesson of these figures is that
our rate structure lacks refinement for the great majority of
taxpayers. However, the moment we try to provide better
progression, we have to face the necessity for graduated
withholding. As I have said, this can be accomplished. The
by-product of graduated withholding — which enables us to
accomplish the desirable objective of refining the rate
structure for the reat majority of taxpayers — is the
elimination of many quarterly declarations for persons in
receipt of salaries above the present first bracket of surtax.
A greater number of declarations could be eliminated If In




addition we raised

- 31 -

addition we raised the present requirement relating to outside
income, other than salaries, from vlOD to a somewhat higher
figure.
Additional ^w^estions for Sj-^llfying Returns
I do not want you to think that X have attempted to cover
even the limited subject of simplification on the return front.
Many additional suggestions are in the mill which, I might add,
grinds slowly. Could we have different filing dates by classes
of taxpayers, corporate end individual, or by divisions within
one class of taxpayers on an alphabetical basis? How may
return forms be set up to enable taxpayers to do their arithmetic
more easily? These are merely examples of activity in the
Treasury in Its constant effort to iaprove the administration
of out* tax laws and to make taxpayer compliance less burdensome
than It no* Is*




Corporate Tax Simplification
So is* X have boon

- 32

-

Corporate tax Simplification
So far X have been talking about simplification on behalf
of individual taxpayers* X have limited ay discussion of that
subject to the return front. Much ir*ore remains to be said on
other individual tax fronts, but I should like to say a few
words before X close regarding one item of corporate tax
simplification.
Capital Stock and the Leclared-Value Excess Profits Tax
In 1942 X attempted on behalf of the treasury to persuade
Congress to eliminate the capital stock and the declared-value
excess-profits taxes. I was unable to persuade the *»ays and
Means Comittee, but was more successful with the Senate
Finance Comiittee. the latter committee receded in conference,
however, and we still have in the statute these utterly
indefensible taxes. They are Indefensible for many reasons,




mot the least of whieh

•13 •

not the least of which is that the sane revenues could he
collected from substantially the same corporations by
increasing the corporate tax rate. These te-xes are, therefore,
nothing more than an unreasonable duplication in the corporate
tax structure, requiring for compliance scarce manpower and
trained personnel*
The Treasury did not again in 1943 specifically recouuaend
the elimination of the capital stock and declared value excess
profits taxes, but I would like to discuss the subject briefly
with you because I believe the days of these taxes are numbered.
I would also like to secure your cooperation in effecting their
ultimate repeal.
You all know the history of the capital stock tax.
Beginning in 1917 and through 1986 we had a capital stock tax




based upon aotual,

-34-

based upon actual, and not declared, value* The tax was
abandoned because of valuation difficulties, the year 1933
saw the origin of the present type of capital stock tax, ibieh
totally disregards actual value and is based upon the value the
corporation wishes to declare, with no regard for book* market
value of assets, or earnings record. The function of
a declaration is simply to take out insurance against the
declared value excess profits tax* this tax penalizes
corporations which guess wrong in making their declaration. In
actual practice corporations make their declaration of value
entirely with the purpose of saving themselves from the
heavier ir pact of the declared value excess profits tax.
Xou may be interested in the relative impact of the tax
upon large and small corporations* The treasury's research




upon this point leads

- 35 -

upon this point leads to the very clear conclusion that saall
corporntions ara relatively herder hit by the tax than are
larger corporations, This is because ejaall corporations
experience fluctuating earnings to much greater extent than do
large corporations, i or example, in 1S37 corporations with
total rssets of less than £50,000 hed an average declared value
of 197 percent of their equity capital while corporations with
50 million dollars or nore of total assets had an average
declared value of less than 62 percent of equity capital. In
1937 the ratio of tax to norml tax net incoae was 2.7 percent
for corporations with under §50,000 of total assets. The
ratio for corporations with assets of 1100,000,000 and over
was 1.8 percent. In 1936 corporations with net incoiae of




under $5,000 paid

-36-

under $5,000 paid capital stock and excess profits taxes
equal to 6.5 percent of their aggregate net income while
corporations trith net incomes of IS million and over paid
taxes of only X percent of their net income.
It is argued by some that this tax is a suitable method
of taxing deficit corporations.. I had thought that our
purpose today should be in the other direction * to tax
corporations with swollen war profits at high rates and to
relieve corporations with deficits occasioned in large part
by economic events beyond their control. It is true that the
old capital stock tax of the Twenties fell to a considerable
extent on deficit corporations because those corporations were
obliged to pay taxes on the fair value of capital stock
regardless of their expectations of incog* or deficit*. Under




the present tax

- 37 -

the present tax the ar.ount of tax paid by deficit corporations
is relatively small - only about 11 percent of total collections
at 1942 levels of income.
i*or does this small amount of revenue come in an
equitable fashion from deficit corporations, the taxes falling
on such corporations bear no relation to equity, to capital,
to total assets, to invested capital, to gross sales, to the
size of the deficit, or to any reasonable measure of privilege
or taxpaying ability, the impact of the tax is capricious.
It depends upon the accuracy of a forecast made by the
corporate directors at a time when prophecy is a perilous
adventure. In all these ciroumstanoes there remains little
excuse for encumbering corporate tax structure with this
freakish tax.




Conclusion
"Simplify Our tax Laws*

- 43 -

Conclusion
"Simplify Our Tax Laws" ha a become a kind of slogan.
Slogans are valuable instruments at times. They engender the
enthusiasm needed to produce results. i>ut they m y also be
dangerous weapons. Applied to tp.x lew they are dangerous
because they compress too much into too few words - a fault,
I hasten to add, which cannot always be fairly ascribed to
lawyers. Thoy end by stalling nothing, or perhaps whatever
anyone wants then to laean. In meaning all things to all men
they mean nothing to any man. There is profound significance
in the tale of "The Blind Men and the Elephant:"




It was six men of Xndostan
To learning muoh inclined
&ho went to see the elephant
(Though all of them were blind).
That each of observation
Might satisfy his mind.
The first approached

• 39 The first approached the elephant
And, happening to fall
Against his broad and sturdy side




^t once began to bawls
a

Ood bles3 met but the elephant

Is very like a wallJ8
The second feeling of the tusk,
Cried: "HoJ what have we here
iio very round and smooth and sharp?
To me 'tis mighty clear
This wonder of an elephant
Is very like a speartB
The third approached the animal
And happening to take
The squirming trunk within his hands
Thus boldly up and spake:
n

X see," quoth he, "the elephant

Is very like a snake!"
The fourth roached out his eager hand,
And felt about the kneet
*ihat most this wondrous beast is like
Is aighty plain,*

- 40 -

Is mighty plain," quoth has
"•lis clear enough the elephant
Is very like a tree!"
The fifth who chanced to touch the ear
Said: "E'en, the blindest man
Can tell what this resembles most;
Deny the fact who can,
This marvel of an elephant
Is very like a feat*
The sixth no sooner had begun
About the beast to grope
Than, seizing on the swinging tail
That fell within his soope,
"I see," quoth he, *the elephant
Is very like a rope!"
And so these men of Indostan
Disputed loud and long,
Each in his own opinion
Exceeding stiff and strong.
Though each was partly In the right.
And all were in the wrong t




mmm

So eft In theologic

- 41 -

So oft in theologic wars
'Axe disputants, X ween,
Rail on in utter ignorance
Of What each other mean,
And prate about an elephant
Sot one of them as seen!
In simplifying out tax laws we need, like the men of
Indostan, torecoverour sight, ^e need the miracle of
restored vision so we can see the whole elephant.




oOo