• Pinboard Links

    Flap’s Links and Comments for March 8th on 17:04

    March 8, 2011 /

    These are my links for March 8th from 17:04 to 17:41:

    • Hypocrisy from California Tax Hike Backers? – The Amazon Tax – Capitol Confidential has previously reported on legislation introduced by California Democratic Assemblywoman Nancy Skinner that seeks to impose a new, and unconstitutional, tax on out-of-state, online retailers including (ironically) a number of eBay users.  Capitol Confidential has since learned that a prominent corporate sponsor of such efforts is retail giant Target, and that a number of other big retailers back the legislation, too.  According to one source, that group includes Bloomingdale’s.
      So what if neither Target nor Bloomingdale’s collected and remitted sales/use taxes in states where they sell online to customers but in which they maintain no physical presence (the practice Skinner’s bill aims to ban by redefining the concept of “nexus”)?  Based on what appears on both companies’ websites when one inputs an order using the data of a resident of such states, it appears both corporations are willingly taking advantage of the same constitutional case law as the online retailers targeted by Skinner’s legislation to avoid tax liability.
      Here is a screenshot of the “review” page related to a Target transaction input using a Vermont customer’s information. Target’s website indicates that there are no Target stores in Vermont, and this is the final page at which customers can make adjustments, or discard the transaction:

      =================

      Read it all and apparently so.

    • Sarah Palin’s Decision to Keynote Speech Same Day as Debate Says Nothing About 2012, Says Staffer – Sarah Palin’s decision to deliver a speech in Colorado the same day as the first GOP presidential primary debate does not signal that she will not run in 2012, says an official with Palin’s PAC.

      “It has nothing to do with a decision [about running for president in 2012]. The Governor said the other day that she will make a decision about that in the coming months,” Tim Crawford, the treasurer of Palin’s PAC, told National Review Online.

      Palin will be the keynote speaker at the Colorado Christian University’s “Tribute to the Troops” event, which the university describes as “a military and veterans appreciation rally and charity benefit.” The benefit will be held in Lakewood, Colo. on May 2, the same day Politico and NBC News have scheduled the first GOP debate at the Ronald Reagan Library in Simi Valley, Calif.

      ==========

      Right.

      Sarah Palin is not going to engage in a debate for an office she will NOT seek.

    • Sarah Palin to Attend October’s Testimony Of Faith at Liberty University – Former Alaska Gov. Sarah Palin will need strong support from social conservatives to win the Republican nomination for president in 2012 should she decide to run. One indication that Palin is attuned to this reality is her scheduled appearance at Liberty University’s Extraordinary Women Conference.

      The News & Advance, a newspaper in Lynchburg, Virginia, reported Tuesday that Palin will speak at the October 7-8 conference, mere months before presidential primary elections.

      “Extraordinary Women is pleased to announce that Governor Sarah Palin will be sharing her testimony of faith with us at the 2011 Lynchburg Ewomen conference,” the group wrote on its website.

      Palin’s speech will be simulcast to 1,000 churches around the country. Tickets for the event are being sold for between $49 and $89.

      Current Liberty University Chancellor Jerry Falwell Jr. wrote in a statement to The News & Advance, “Governor Palin is greatly admired by our Liberty University faculty, staff and students for her patriotism and her determination to stand up for what is right despite vicious and unrelenting attacks against her and her family.”

      =======================
      Will she be a non-announced candidate by then?

      You betcha but you know she will have something to say.

    • Gov. Jerry Brown may not have GOP support for budget, but he does have business, police – UPDATE, 4:30 PM: The group of five Republican Senators that have been meeting with Gov. Jerry Brown in the hopes of striking a budget deal — but declared an impasse Monday — just issued this statement:

      "Today we met again with Governor Brown out of a mutual desire to keep the conversation moving forward. Until we are told otherwise, we will be optimistic that the Governor is working hard to find the necessary support for the key reforms we have put forward. But we are realistic. Getting to a constructive agreement involves difficult compromise. Although various interest groups may not have an appetite for real change, we believe that the public is demanding it."

      The group is made up of Senators Tom Berryhill, of Modesto; Sam Blakeslee, of San Luis Obispo; Anthony Cannella, of Ceres (Stanislaus County); Bill Emmerson, of Hemet (Riverside County); and Tom Harman, of Huntington Beach.

      Here's the start of our original post:

      Budget machinations are continuing at the Capitol today, one day after a group of Senate Republicans announced that they had reached an impasse with the Gov. Jerry Brown.

      While the Democratic governor may not yet have Republican votes for his budget plan, he is continuing to win support from two of the GOP's core constituencies: the business community and law enforcement groups.

      ==============

      So, will these State Senators well out the GOP caucus?

      Heads on a stick they go……

    • E-mails reveal possible Wis Gov Scott Walker concessions on union bill – Gov. Scott Walker's office released documents Tuesday detailing now stalled talks with Senate Democrats in Illinois about his union bargaining bill, showing his office is willing to give on some aspects of the proposal but also frustrating one senator involved in the confidential talks.

      The e-mails showed ideas and counteroffers made by the Republican governor's aides and two Democrats as they sought some resolution that would allow Democrats to come back to the state. Senate Democrats have been holed up in Illinois since Feb. 17, when they left Wisconsin to block a vote on Walker's budget-repair bill.

      The emails were first released to the Milwaukee Journal Sentinel through an open-records request and within minutes were then emailed out to other news outlets. The Journal Sentinel also first reported Friday on some of the proposals in the documents.

      The bill as proposed by Walker and approved by the Assembly last month would repeal bargaining by public employee unions over their benefits and work conditions, leaving only bargaining over wages with a cap based on the rate of inflation, barring a referendum. The measure has sparked massive protests at the Capitol in recent weeks.

      The two Democratic senators, Bob Jauch of Poplar and Tim Cullen of Janesville, have met face-to-face in recent days with both Senate Majority Leader Scott Fitzgerald (R-Juneau) and Walker aides.

      ================

      Read it all

      It is politics folks and back and forth, plus compromise.

      Governor Walker is not the boogey man despite what the unions say.

  • Pinboard Links

    Flap’s Links and Comments for March 7th through March 8th

    March 8, 2011 /

    These are my links for March 7th through March 8th:

    • Redevelopment agencies: California State controller reports numerous failings by redevelopment agencies – City redevelopment agencies improperly shortchanged schools by more than $40 million last year while allocating millions of dollars in public money for such things as a luxury golf course and a lobbyist, state Controller John Chiang said in a report released Monday.

      Chiang's report, adding fuel to the argument that redevelopment agencies are sucking up precious funds with little to show for their efforts, was immediately condemned by redevelopment advocates as politically motivated. A furious battle is playing out between the state and cities over the governor's proposal to scrap redevelopment entirely.

      Cities launched a statewide radio ad blitz and petition-gathering campaign Monday urging legislators to protect the state's approximately 400 municipal redevelopment agencies. Gov. Jerry Brown is recommending that much of the $5 billion a year in property taxes they collect be sent instead to schools, counties and the state.

      One ad called the move "a scheme" that will "put thousands more out of work."

      The California Professional Firefighters and the California School Employees Assn. countered with a campaign on radio stations in Sacramento. "While deputies are facing layoffs, fire stations are closing and local school funding is slashed, redevelopment agencies are spending taxpayer money for stadiums, parking garages and 'mermaid bars,' " one declared.

      +++++++

      Read the entire article.

      California Redevelopment Agencies have been full of abuse for decades. Before there was plenty of tax base to steal from the state, so the California Legislature turned a blind eye.

      No longer.

      I mean look at Thousand Oaks and its blighted Civic Arts Plaza and new City Hall.

      Then, look at the surrounding Thousand Oaks Blvd area which the Redevelopment Agency was formed to help.

    • NPR Executives Caught On Video – Better off without Federal Funding – Later in the lunch, Schiller explains that NPR would be better positioned free of federal funding. “Well frankly, it is clear that we would be better off in the long-run without federal funding,” he says. “The challenge right now is that if we lost it all together we would have a lot of stations go dark.”

      When one of O’Keefe’s associates asked, “How confident are you, with all the donors that are available, if they should pull the funding right now that you would survive?,” Schiller answered this way: “Yes, NPR would definitely survive and most of the stations would survive.”

      That is precisely the opposite answer Schiller’s boss, NPR CEO Vivian Schiller (no relation), gave at a press conference Monday in Washington. “We take [federal defunding] very, very seriously,” she said. “It would have a profound impact we believe on our ability – of public broadcasting’s ability – to deliver news and information.”

      At the Café Milano lunch, Schiller said he’s “very proud of” how NPR fired Juan Williams. “What NPR stood for is non-racist, non-bigoted, straightforward telling of the news and our feeling is that if a person expresses his or her opinion, which anyone is entitled to do in a free society, they are compromised as a journalist,” he said. “They can no longer fairly report.”
      With that, Schiller once again directly contradicted NPR’s public statements. At her Monday press conference, Vivian Schiller apologized for the way it handled the Williams matter. “We handled the situation badly,” she said. “We acted too hastily and we made some mistakes. I made some mistakes.”

      +++++++

      Read the entire piece.

      Defund these idiots and they should fire this idiot for being a moron, especially with regards to Juan Williams.

    • Flap’s Dentistry Blog: Millionaire Michigan Dentist Richard Ludwig Finds Credit Card in Florida Parking Lot, Uses it To Buy Pizza – ARRESTED – Millionaire Michigan Dentist Richard Ludwig Finds Credit Card in Florida Parking Lot, Uses it To Buy Pizza – ARRESTED
    • President 2012 Pennsylvania Poll Watch: Obama 43% Vs Romney 36% | Flap’s Blog – FullosseousFlap’s Dental Blog – President 2012 Pennsylvania Poll Watch: Obama 43% Vs Romney 36% #tcot #catcot
    • Day By Day March 8, 2011 – Bean There | Flap’s Blog – FullosseousFlap’s Dental Blog – Day By Day March 8, 2011 – Bean There #tcot #catcot
    • Wisconsin GOP President 2012 Poll Watch: Ryan 30% Vs Huckabee 17% Vs Gingrich 12% Vs Palin and Romney 9% | Flap’s Blog – FullosseousFlap’s Dental Blog – Wisconsin GOP President 2012 Poll Watch: Ryan 30% Vs Huckabee 17% Vs Gingrich 12% Vs Palin and Romney 9% #tcot #catcot
    • @Flap Twitter Updates for 2011-03-08 | Flap’s Blog – FullosseousFlap’s Dental Blog – @Flap Twitter Updates for 2011-03-08 #tcot #catcot
    • Capitol Alert: Amazon sales tax bill stalls in Assembly committee – Amazon sales tax bill stalls in Assembly committee – Probably Temporarily
    • Amazon sales tax bill stalls in Assembly committee – Probably Temporarily – Hotly contested legislation aimed at compelling Amazon and other on-line retailers to collect California sales taxes stalled Monday — probably temporarily — in the the Assembly Revenue and Taxation Committee.

      Committee chairman Henry Perea, a Fresno Democrat, placed the bill on the committee's "suspense file" after a lengthy hearing but the committee's majority Democrats appear from their comments to be ready to approve it. Perea said the vote may come within a few weeks.

      Backed by a coalition of public employee unions and California's brick-and-mortar retailers, including Wal-Mart and The Home Depot, Assembly Bill 153 is patterned after a New York law that is now undergoing judicial scrutiny. State tax officials say it could raise as much as a billion dollars a year if enacted.

      Technically, Californians who buy goods from out-of-state on-line sellers are liable for "use taxes," equivalent to sales taxes, on their purchases, and there's a line on personal income tax returns for reporting such purchases. But very few buyers pay use taxes, and state officials say there's no practical way to collect them.

      The Supreme Court ruled in 1992 that states cannot compel mail order retailers to collect sales taxes unless they have a "physical presence" in the state, such as a store. New York's law contends that when Amazon or another on-line retailer uses "affiliates" in the state to serve customers, it creates a "nexus" that satisfies the Supreme Court decision.

      Amazon, however, warned in a letter to state officials last week that if Skinner's bill, or one of the other similar measures, becomes law, it will cancel its contracts with thousands of California affiliates. Other mail order networks have made similar threats, the committee was told.

      +++++++

      The Dems will pass this bill but since this is a tax increase, they will need a 2/3rds vote to pass the full Assembly and Senate

    • Flap’s Links and Comments for March 7th from 14:53 to 16:13 | Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Links and Comments for March 7th from 14:53 to 16:13 #tcot #catcot
    • President 2012: Sarah Palin to Forego NBC-Politico GOP Presidential Debate for Colorado Tribute to the Troops | Flap’s Blog – FullosseousFlap’s Dental Blog – President 2012: Sarah Palin to Forego NBC-Politico GOP Presidential Debate for Colorado Tribute to… #tcot #catcot
    • Video: New Jersey Governor Chris Christie – The Choice | Flap’s Blog – FullosseousFlap’s Dental Blog – Video: New Jersey Governor Chris Christie – The Choice | Flap's Blog – FullosseousFlap's Dental Blog
    • Video: The Game Is On, No, Not for President – Sarah Palin Vs. Kathy Griffin | Flap’s Blog – FullosseousFlap’s Dental Blog – Video: The Game Is On, No, Not for President – Sarah Palin Vs. Kathy Griffin | Flap's Blog – FullosseousFlap's D…
    • Flap’s Links and Comments for March 7th from 14:20 to 14:26 | Flap’s Blog – FullosseousFlap’s Dental Blog – Flap’s Links and Comments for March 7th from 14:20 to 14:26 | Flap's Blog – FullosseousFlap's Dental Blog
  • Pinboard Links

    Flap’s Links and Comments for March 4th from 14:04 to 15:26

    March 4, 2011 /

    These are my links for March 4th from 14:04 to 15:26:

    • Video: Staring at Breasts Increases Heart Health | Flap’s Blog – FullosseousFlap’s Dental Blog – Video: Staring at Breasts Increases Heart Health #tcot #catcot
    • Flap’s Dentistry Blog: VA Dentist Implicated in Unhygienic Dental Practice and Spread of Hepatitis Receives Raise in 2010 – VA Dentist Implicated in Unhygienic Dental Practice and Spread of Hepatitis Receives Raise in 2010
    • Amazon.com: State stands up to anti-tax attack – Amazon.com: State stands up to anti-tax attack
    • Amazon.com: State stands up to anti-tax attack – Is Amazon.com getting nervous?

      How else to explain its intemperate letter threatening to put more than 10,000 Californians out of work should the state even think about enforcing the collection of unpaid sales taxes on Amazon and other Internet retailers?

      "I'm not surprised by what Amazon's done," said Board of Equalization Chairwoman Betty Yee. "I think it's their way of getting California to back off."

      Support has been growing for legislation, backed by Yee, that would clear the way to collect an estimated $1.145 billion in unpaid taxes that out-of-state online merchants such as Amazon, and catalog houses such L.L. Bean, have thus far successfully evaded.

      "If any of these new tax collection schemes were adopted, Amazon would be compelled to end its advertising relationships with well over 10,000 California-based participants in the Amazon 'Associates Program,' " the company wrote to a receptive Republican tax board member, George Runner.

      The "associates," or affiliates, get a cut of every sale Amazon makes to customers via a click-through from affiliates' websites.

      "Amazon has made it clear to me that the checks they send Californians will be cut off overnight if pending legislation aimed at regulating their operations becomes law," said Runner, one of the elected board's five members.

      ++++++

      Read it all.

      If the legislation receives 2/3rds I will be amazed and then the legal battle commences.

      The nexus issue will be long fought in the federal appellate courts.

  • Amazon Tax,  California Board of Equalization,  George Runner,  Internet Sales Taxes

    Video: California Board of Equalization Casts Doubt on Amazon Internet Sales Tax Legislation

    March 3, 2011 /
    Robert Ingenito, Chief of Revenue Estimates, California State Board of Equalization

    You remember the legislation which will impose internet sales taxes on Amazon.com, e-Bay and Overstock.com

    Now, at a California Assembly hearing on “Use Taxes” the California Board of Equalization staff raised calls for alarm as to what this legislation would really mean for California. Read the draft Board of Equalization Staff Legislative Bill analysis here (Pdf.)

    Some interesting points in the analysis:

    COST ESTIMATE

    • The BOE would incur costs to administer this bill. These costs would be attributable to notifying affected out-of-state retailers and ensuring compliance, potential litigation costs, and costs related to revising the BOE’s Regulation 1684 and related publications, and answering inquiries. An estimate of these costs is pending.

    REVENUE ESTIMATE

    • The revenue impact from this proposed change to the definition of a “retailer engaged in business in this state” is subject to considerable uncertainty. And, there could be an unknown delay of any revenues due to potential litigation arising from enactment of this provision. In a purely static world (no behavioral changes resulting from the change in tax policy) with full compliance, we estimate that the proposed change would lead to a state and local revenue increase of $152 million in 2011-12 (a half-year effect) and $317 million in 2011-12. These estimates are based on the combination of (1) the amount of revenues currently being collected in New York, adjusted for California’s larger economy, and (2) increased revenues associated with out-of-state retailers that sell to California consumers on eBay that would have a use tax collection obligation under the provisions of this bill (see Comment 3).
    • However, the State’s likelihood of actually realizing these revenues depends entirely on (1) Internet retailers’ (such as Amazon and Overstock) willingness to continue their affiliate programs, and (2) other retailers’ willingness to continue to sell on eBay and to fully comply with the added use tax collection obligations imposed by this bill. We have received direct confirmation from Amazon that it will terminate its relationship with its 10,000 California affiliates should this measure become enacted. We estimate that Amazon currently comprises roughly 50 percent of the Internet sales of large firms who currently do not have nexus in California. Consequently, the static revenue estimates cited above, adjusted for Amazon’s response, would drop to $114 million in 2011-12 and $234 million in 2012-13. If other firms were also to terminate their affiliate programs in response to the enactment of this bill, the potential revenue gain would be further diminished. Similarly, while we lack the data to determine to what extent out-of-state retailers would discontinue their use of eBay to sell to California consumers, any drop in such eBay usage would even further lower the revenue gain.
    • Additionally, the termination of affiliate programs would have an adverse impact on state employment, which in turn would lead to lower revenues from sources such as the personal income tax and the corporation tax. The amount of these potential reductions is unknown.

    In fact, California Board of Equalization member and former California State Senator George Runner issued the following press release (Pdf):

    Board of Equalization Member Senator George Runner today warned that Amazon will terminate its relationships with more than 10,000 California-based affiliate businesses if pending legislation becomes law.

    “In no uncertain terms, Amazon has made it clear to me that the checks they send Californians will be cut off overnight if pending legislation aimed at regulating their operations becomes law,” said Runner.

    Runner cited a letter he received from Paul Misener, Amazon’s Vice President for Global Public Policy, in which Misener cites four specific bills—AB 153 (Skinner), AB 155 (Calderon), SB 234 (Hancock), SB 655 (Steinberg). These measures all aim at requiring out-of-state online retailers like Amazon to collect sales tax on purchases made by Californians.

    In his letter Misener writes: “If any of these new tax collection schemes were adopted, Amazon would be compelled to end its advertising relationships with well over 10,000 California-based participants in the Amazon ‘Associates Program.’”

    Runner warned, “This is an imminent threat to California jobs. Lawmakers would do well to pay attention.”

    Misener notes that similar statewide terminations have already occurred in North Carolina, Rhode Island and Colorado after those states enacted similar laws.

    Misener explains that these participants—also known as affiliates—“place Amazon advertisements on their websites, and then are compensated by Amazon for purchases made by visitors whom they refer to Amazon’s website.”

    A revised Board of Equalization analysis of the pending Assembly measures cautions that 50% of projected revenues would vanish as a result of Amazon’s action. Revenues would be “further diminished” if other firms also terminated their affiliate programs.

    The BOE analysis also warns of an “adverse impact on state employment,” resulting in lower corporate and personal income tax revenues for the state.

    In conclusion Runner said, “The Legislature needs to stop considering bills that would hurt jobs and instead start improving California’s dismal business climate so we can attract much-needed jobs to our state.”

    So, the California Board of Equalization understands just like the other states that this legislation is disputable in its federal constitutionality, will raise far less revenue than touted and will cost Californians jobs.

    For what?

    Oh yeah – the answer is easy. California Democrat legislators, including Assemblywoman Nancy Skinner (D-Berkeley) and Democrat State Senate leader Darrell Steinberg (D-sacramento) can milk campaign contributions from Wal-mart, Target, Home Depot Barnes and Noble, et al. who desire a competitive business advantage over Amazon, e-Bay and Overstock.com.

    Look for these bills to come back over and over again as the Democrats milk them for all that they are worth – a bad deal for California.

  • Pinboard Links

    Flap’s Links and Comments for March 2nd from 14:05 to 14:10

    March 2, 2011 /

    These are my links for March 2nd from 14:05 to 14:10:

    • California Still Barking Up the Wrong Tree for Taxes – The Amazon tax is back for debate. Again.  Despite court rulings that the thing is unconstitutional, despite proven records of failure in those states who have tried it, California’s Democratic leadership is again proposing the online tax.

      None of the excuses for this wasteful proposal make sense. Some retailers claim that taxes are needed to even the playing field between brick and mortar stores that do collect tax, and online retailers who do not. After all, that is why our local WalMart is suffering, right? But a recent LA Times article shows that retailers such as WalMart are hurting, not because they compete with Amazon, but because they have scaled back their merchandise offerings, forcing customers to look elsewhere to complete their shopping lists.  In fact, WalMart is not losing customers to online retailers so much as they are losing their customers to even lower priced offerings such as dollar stores. 

      Meanwhile, retailers like Amazon, using technology to streamline delivery processes, and offering a wide variety of items,  just posted major increases in sales. In this video from CNN  executives claim Amazon shows 26-40% growth, from the same time last year, with 15,000 employees hired in 2010. And yet, California’s Dems want to effectively slap one of the major employers in the US who is actually offering good paying jobs, with benefits.

      ++++++++

      But, California Democrats in the state legislature have never met a tax they did not like – even if it does not involve capturing that much revenue.

      To the LEFT, it is more about punishing people in the marketplace in search of a social justice "fairness."

    • Koch Brothers Receive Praise From Obama Administration – Progressives may have decided that businessmen and libertarian political benefactors David and Charles Koch are the latest harbingers of the vast right-wing conspiracy, but they could be shocked to learn that several Koch Industries subsidiaries have been working closely and productively with…the Obama administration.

      Specifically, it’s with Obama’s Environmental Protection Agency that Koch Industries has been playing nice. In Texas last fall, for instance, the Koch-owned Flint Hills Resources helped forge an agreement between the EPA and the Texas Commission on Environmental Equality in a regulation dispute. The move got the company praise from the EPA, calling the agreement a “model for other companies.” (…)

      The EPA under President Obama has also praised Koch subsidiaries Georgia-Pacific and Invista for their cooperation with the agency. Georgia-Pacific even won an award from the EPA in 2009. Leftists may complain that these right-wing bogeymen are unfairly challenging federal environmental regulations so they can “keep pumping out pollution for free,” but it seems the Obama administration has a lot of positive things to say about the brothers Koch.

      ++++++

      The Koch Brothers are businessmen and it is in their interests to NOT pollute the environment and alienate/poison their customers.

      The LEFT is laughable in their conspiracy theories regarding the Kochs