Appropriate
crackdown on abuse of tax break
ONE OF THE MOST disturbing side effects of the growing
acceptability of the anti-tax, anti-government movement has been the
tendency of government to wink at tax cheats. The IRS has been the
most notorious example of this, as it slashed its audit activity and
ignored massive tax-dodge schemes through Republican and Democratic
administrations.
But South Carolina Revenue Director Burnie Maybank has been an
exception to that rule. Even as the top tax collector for our most
anti-tax governor in generations, Mr. Maybank has been aggressive
about making sure that, whatever the tax rate is, people pay the
taxes the law requires them to pay.
It was Mr. Maybank, you might recall, who told legislators that
if they gave him $10 million to replace auditors he had been forced
to lay off, he would either collect $90 million more in unpaid taxes
or else resign; he made the goal and then some. That gambit came on
the heels of a move by Mr. Maybank to go after businesses that
should be collecting state sales taxes on Internet purchases. (We
didn’t think Mr. Maybank’s approach was the best one available, but
at least he had the right goal in mind.)
Now Mr. Maybank is out front again, this time with an
investigation started last year to crack down on abuse of state and
federal tax breaks on land conservation easements. The tax break is
designed to encourage the preservation of environmentally sensitive
land; in return for a generous tax cut, landowners get to keep their
land, and even sell it, but development is forever restricted. But
state and federal tax officials have grown increasingly alarmed by
appraisers, real estate developers and landowners who are gaming the
system by inflating the value of the properties and donating
easements on land that is neither environmentally sensitive nor
publicly accessible — from residential backyards to exclusive golf
courses.
Mr. Maybank’s probe, which dovetails with an IRS investigation,
has so far identified 10 easements that he suspects are illegal,
among them seven involving golf courses. As he told a U.S. Senate
committee last month: “I do not believe the U.S. Congress ever
intended to give huge charitable deductions for the preservation of
a golf course in an exclusive, gated community.”
Some landowner groups, who have a peculiar opposition to
voluntary decisions by other landowners to give up their development
rights, have seized on the abuses to argue for shutting down the
conservation easement program — an absurd notion. But the more
common response by the anti-government crowd to tax crackdowns is to
decry the government’s efforts to make people obey the law.
The simple fact of the matter is that when some people don’t pay
their taxes, either the rest of us have to pay higher taxes, or else
the government has to provide fewer services. We’re glad to see that
the person in charge of collecting taxes for the state of South
Carolina understands
that. |