http://www.alternet.org/story.html?StoryID=17357

Loopholes Big Enough To Drive Through

By Evan Derkacz, AlterNet
December 10, 2003

Try to wrap your mind around this: Dad tells Junior he shouldn't eat 
so much sugar, yet offers to increase his allowance if he buys more 
sweets. Think Junior's going to buy apples - or Twix bars?

Such is the logic of the recently increased "SUV tax loophole."

The story goes like this: In the midst of the Reagan presidency, back 
before SUVs were the rage, the IRS began to allow small business 
owners a tax deduction for purchases of vehicles over 6,000 pounds. 
The idea was that businesses could then afford important new 
equipment while the economy would receive a boost through increased 
sales.

Unforeseen, however, was the exponential rise in the popularity of 
sport utility vehicles over the subsequent two decades. The rub, the 
infamous "loophole," is that the law makes no distinction between an 
accountant commuting in a Hummer and a contractor updating a fleet of 
pickups.

The deduction, up to $25,000 until May, was raised to $100,000 as a 
part of President Bush's recent "economic stimulus package." This 300 
percent increase passed despite widespread criticism that the 
loophole clearly encourages the purchase of unnecessary gas-guzzling 
SUVs like the rugged Lincoln Navigator and that trusty workhorse, the 
Mercedes ML-55.

The results have become apparent across the nation, as accountants 
and auto-dealers alike push SUVs as a way to cut taxes. One Texas 
dealer, reported the Washington Post, ran a radio ad, that, if less 
tasteful than most, was far from exceptional: "It's a loophole, and 
this weekend, we can show you how to make that loophole big enough to 
drive a fleet of trucks and sport utility vehicles through it!"

Before the increase, the loophole's existence was no secret. Senator 
Barbara Boxer had already introduced the "SUV Business Tax Loophole 
Closure Act," and critics from columnist Arianna Huffington to 
Taxpayers for Common Sense had been publicizing it for at least two 
years. The government's own Joint Committee on Taxation estimates 
that well over $1 billion would be saved over 10 years by closing the 
loophole - so why does it still exist?

According to Huffington, the rationale is simple; just follow the money.

"The numbers tell the story," she wrote in a column earlier this 
year. "The auto industry spent close to $37 million on lobbying in 
2000. And you can bet that money wasn't spent trying to convince 
Congress to designate a 'Windshield Wiper Appreciation Week.' 
Although I'm sure Congress would have been glad to oblige if its 
deep-pocket pals in Detroit had only asked. After all, the industry 
has donated over $77 million to federal candidates and the political 
parties since the 1990 election - with $12.5 million doled out during 
the 2002 election cycle."

A bit of sanity has begun to emerge. The Senate Finance Committee 
voted several weeks ago to roll back the increase on SUVs only 
(allowing small business owners who truly need utility vehicles to 
still receive the tax break).

Keith Ashdown, Vice President of Policy at Taxpayers for Common 
Sense, calls it "a good first step."

"As long as SUVs are flying off of dealership lots, the current break 
makes no fiscal sense," Ashdown continues. "This decision moves us 
one step closer to eliminating this inequitable tax break. While it 
isn't a knock-out punch, it is definitely a body-blow to this 
outrageous loophole."

Even more recently, according to Reuters, Sen. Don Nickles 
(R-Oklahoma) sought to include language in the energy bill that would 
close the loophole. "There is enormous abuse of this provision," he 
said. "People are driving SUVs through this loophole." In the end, 
however, according to Reuters, "Republican leaders swiftly moved to 
ensure no mention of the loophole was included in the final version 
of the energy bill...."

Though the energy bill itself ultimately failed to pass the Senate, a 
Republican president and majority in both houses of Congress 
virtually ensure the survival of this sweetheart deal between 
lawmakers and business. Manufacturers are happy with increased sales, 
and so are investors. Even laborers in the auto industry are happy as 
the temporary spike in earnings increases job security. With all this 
political clout behind the loophole it's difficult to envision 
politicians, without a significant outcry from their constituents, 
lining up to close it.

Sadly, it's the environment and the American taxpayers who will again 
pay the price.

Evan Derkacz is an editorial assistant at AlterNet.


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