Bonds, Baseball & The Tax Code

So the tax implications of Barry Bonds’ 756th home run ball has been discussed by several “experts” and all have failed to see the obvious: this is utterly ridiculous. I can’t think of something more American than eating a hot dog, drinking a beer and catching a home run ball while enjoying America’s past time: baseball.

And I can’t think of a better example of how deranged our tax code has become that we have made it economically infeasible to keep said memento. Seriously, you go to a game, you catch a ball, you suddenly owe the government $250,000+!!! Why is no one else objecting to the seer lunacy of this? “I feel like I’m taking crazy pills!” (Mugatu)

If poor Matt Murphy had decided not to sell his souvenir he would still owe 35% of whatever the IRS guess-ti mated it’s worth. The fair market value of a one of a kind ball (until the record is again broken) mixed with the taint of an asterisk? We’re talking a range of hundreds of thousands of dollars here. So who picks the worth?

Now I’ve heard several people argue that the ball’s value IS that so high because a few people would be willing to pay an exorbitant amount for it. But lets take that logic and apply it else where – like Real Estate. The South, lately, has been getting an influx of people retiring from the North East. These people are paying 2 to 3 times the normal rate per sq ft for homes marketed to them because they’re idiots their cost of living comparison is such that those homes still seem cheap to them. Does the fact that some people are paying 3 as much for a house down the street from mine triple the value of my house? Did clever distance marketing just triple my property taxes?

Or take the plot from Indecent Proposal, a rich man offers $10 million for your wife… you refuse. Does the IRS come calling for the capital gains? Can you use the fact that she’s worth $10M in the divorce settlement when you’re splitting up the assets? I know, I can already here the well trained husbands now “but my wife is priceless”. Ok, can you claim a tax deduction then since she fell in value from “priceless” to $10M?

These examples may seem extreme, but no more so than the original $200k tax liability falling from the sky. Now let’s look at a better tax system: The Fair Tax. Since the Fair Tax is a retail (new) sales tax system, sanity would prevail and guesswork would disappear.

When Matt Murphy catches the ball under the fair tax nothing happens. If he keeps the ball – no tax liability. If he sells the ball – no tax liability. (This is a used ball therefore the tax already was paid by the Giants when they purchased the new ball) “But wait!” you say, “That’s unfair! We need to tax the rich/lucky/people other than me.” If and when Matt Murphy sells the ball (or when his grand kids sell the family heirloom) they would receive money ($700k or whatever). That money would then be used (or why sell the ball?) in one of two ways: 1) Stuff is purchased and the fair sales tax is paid (no guess-timating here). 2) The money is saved/invested. No tax is paid here again, but the money is put back into the economy through investing (saved money is invested by banks) which means the businesses spend the money (which is often taxed) and eventually all business money finds its way to individuals bank accounts (be them employees, executives, or stock holders). That money is then spent and taxed but only AFTER it has helped the economy get a little stronger. So with the Fair Tax you get less hassle and guess work, and either A) the same tax revenue (if the money is spent) or B) a stronger economy and more tax revenue (if invested).

While this is all well and good, what should Matt Murphy do in the here and now. First of all he needs to fire his tax lawyer and get a good one. A creative tax attorney would see that the value of the ball increased dramatically only once it was a home run (not when it was hit). We have seen several instances where a fan can create a home run or stop an crucial out. The opposite is also true, a fan could bobble the ball back onto the field negating a home run and possibly causing an out. Because of this, the fan’s action on the ball effects the out come of the home run – ergo, the ball does not become a home run ball until AFTER it is in his possession. Which means when Matt obtained the ball it was only worth the same as any other Bond’s hit ball ($10? $50?), therefore his income would be $50 and from this basis he’ll have to pay capital gains taxes when he sells it.

So with good advice he could keep the ball essentially tax free. And when he sells it pay the lower capital tax rate (assuming he holds it for two years). The Long term capital gains rate is typically 15% but I believe collectibles are an exception that can be somewhat higher – but even the highest exception rate of 28% is lower than 35%. Worst case this advice would save him $52k of the $263,713 he is paying now; best case would save him $150k. Would you pay a better tax attorney ten grand to save $52k+? I would.

Mother Nature’s Environmental Consequences

So have the eco-hippies officially lost it when they start talking about the environmental impact of a natural process of mother nature?

What’s next, pollution control measures for volcanoes? Coming up with a way to stop the genocide of the bunnies by the wolves?

If you look closely at the “damage” done to the environment, it comes down to the pretty plants being replaced in some areas by less pretty, hardier plants. Don’t we support natural selection any more? Seriously though, why does it always come back to being pretty? You know what this is going to lead to: anorexic weeds.

Clinton’s Hand In The Fortune Cookie Jar

Yet again, the Clinton’s caught receiving illegal campaign contributions from Chinese people. Off the top of my head, this is the third time they’ve been caught doing this. I’m not sure which is scarier – the abundance of the illegal contributions, or the common Chinese thread.

Oh well, at least its all for a good cause: the first female President milestone is certainly worth overlooking a few several improprieties.

Qualcomm Stadium vs. The Super Dome

Interesting piece comparing two stadiums filled with people from natural disasters. One was filled with blood, rapes, and stabbings (which turned out to not have actually happened) and the other is filled with happy people and rock concerts?

Will FEMA and Bush get credit here? Does it come down to a competent mayor or perhaps the Gov-inator? Things to ponder…

Surge Success Continues

Violence continues to go down in Iraq. Now down another 70% from the already lower rates in July. The security over the entire country is remarkably improved. To put things in perspective the civilian deaths amidst a war zone have fallen to 38% BELOW the murder rate in the United States. That’s right, more people are murdered here than are dying in the war in Iraq.

But don’t worry, the media will ignore most such stories as good news = no news.

“One item from Baghdad today. The news is… that there is no news. The police told us that, to their knowledge, there were no major acts of violence. Attacks are down in Baghdad and today no bombings or roadside explosions were reported.” – Charlie Gibson World News Tonight on ABC Oct 17th.