The Washington Post reports that while most of the United States was distracted by the bank bailout legislation in late-September as the markets melted, U.S. Treasury Secretary Henry Paulson quietly and illegally deregulated the tax law for the U.S. banking industry.
Paulson gave away a Quiet windfall by issuing a five-sentence notice.
The change to Section 382 of the tax code — a provision that limited a kind of tax shelter arising in corporate mergers — came after a two-decade effort by conservative economists and Republican administration officials to eliminate or overhaul the law, which is so little-known that even influential tax experts sometimes draw a blank at its mention. Until the financial meltdown, its opponents thought it would be nearly impossible to revamp the section because this would look like a corporate giveaway, according to lobbyists.
The reason it would look like a corporate giveaway is because it is a corporate giveaway — as much as $140 billion. Most tax lawyers think Paulson acted illegally, but Congress seems unwilling to call foul so not to risk being blamed for worsening the financial mess.