What Have I Been Saying?

Form the WSJ this morning, A Short History of the Income Tax:

Unfortunately the corporate income tax, originally intended as only a stopgap measure, was left in place unchanged. As a result, for the last 98 years we have had two completely separate and uncoordinated income taxes. It’s a bit as if corporations were owned by Martians, otherwise untaxed, instead of by their very earthly—and taxed—stockholders.

This has had two deeply pernicious effects. One, it allowed the very rich to avoid taxes by playing the two systems against each other. When the top personal income tax rate soared to 75% in World War I, for instance, thousands of the rich simply incorporated their holdings in order to pay the much lower corporate tax rate.

There has since been a sort of evolutionary arms race, as tax lawyers and accountants came up with ever new ways to game the system, and Congress endlessly added to the tax code to forbid or regulate the new strategies. The income tax act of 1913 had been 14 pages long. The Revenue Act of 1942 was 208 pages long, 78% of them devoted to closing or defining loopholes. It has only gotten worse.

The other pernicious consequence of the separate corporate and personal income taxes has been a field day for demagogues and the misguided to claim that the rich are not paying their “fair share.” Warren Buffett recently claimed that he had paid only $6.9 million in taxes last year. But Berkshire Hathaway, of which Mr. Buffett owns 30%, paid $5.6 billion in corporate income taxes. Were Berkshire Hathaway a Subchapter S corporation and exempt from corporate income taxes, Mr. Buffett’s personal tax bill would have been 231 times higher, at $1.6 billion.

So which is Buffet…misguided or a demagogue?

Derivatives, CDOs, and 2008

Apologies for the length of this post.

Since 2008, the term “derivative” with regard to the finance industry has become much maligned and has been regularly used, both in the press (which loves a simple story) and among politicians (who love to see someone else blamed for problems) as the all purpose villain in the story of our economic collapse of that year.  And this notion of “derivatives” as somehow to blame for our troubles has largely been absorbed by a public that in fact knows next to nothing about what a derivative actually is, much less the part they might have played in fueling the crisis which came in 2008.  So perhaps an explanation of what derivatives are and the role they play might serve to dispel some of the misinformation that our politicians and the press are happy to leave lingering in the public mind. 

First of all, the term “derivative” is a generic term that refers to any product or contract the value of which is based upon, or derived from, the value of another product.  What does this mean?  Well, consider perhaps the easiest to explain, a simple commodity derivative, or what is more commonly know as a commodity swap.  The current price of a barrel of oil is about $85, but we have no idea what the price will be in 6 months. Imagine a contract between you and I in which I agree to pay you $85 a barrel for 100 barrels of oil in 6 months, and you agree to pay me whatever the actual price is in that day, also for 100 barrels.  Now since we are each buying and selling the same number of barrels of oil to each other, there is no actual exchange of oil.  All that will be exchanged, or “swapped”, in 6 months is a cash flow.  I pay you $8,500 (85 times 100) and you pay me X  times 100 where X equals the price in 6 months.   The value of our contract is derived from the price of oil, even though neither of us is actually buying oil.  Hence, it is a derivative.  

How, you might be wondering, could such a contract have precipitated the demise of the housing market in 2008?  It couldn’t. And didn’t. In fact there are all kinds of different derivative markets…fixed income derivatives, equity derivatives, credit derivatives, commodity derivatives, etc.  These are all very distinct  markets, and most of them had nothing whatsoever to do with the collapse in the market in 2008.  

There was one financial innovation in particular which did contribute to the problems in 2008, the CDO, or collateralized debt obligation.  These were groups of mortgages packaged together as a single security and sold to investors. How did this contribute to the problems of 2008?  The demand for CDO’s greatly increased the amount of money available to mortgage borrowers, resulting in easy borrowing and thus helped fuel the buildup of the housing bubble.  The thing is, CDO’s are not derivatives.  They are securities. 

Now, there are, derivatives on CDOs, called synthetic CDOs, and as you might have guessed, are contracts that derive their value from underlying packages of mortgages.  They are essentially a form of credit derivative, wherein one party buys protection from the other contracting party regarding some underlying credit event. In a typical credit derivative, the underlying credit event is usually the default of a given company on a given piece of debt.  The buyer of protection will pay a monthly or quarterly premium to the seller, and the seller agrees to pay the difference between par and value of the referenced debt in the event of default.  In a synthetic CDO, the referenced credit event is the default on a package of referenced mortgages.  

It was these synthetic CDOs that were the subject of the infamous congressional inquiries which featured testimony from several Goldman Sachs employees, including Lloyd Blankfein.  Now, there are definitely some interesting ethical issues involved in creating these synthetic CDOs, because if the buyer of protection does not actually own the referenced credit risks, his purchase is little more than a bet that the referenced credits will default, and the sooner the defaults occur, the bigger the payoff for the buyer. So in a synthetic CDO, the buyer has an incentive to include the riskiest possible mortgages.  The seller, of course, wants the safest ones.  Generally speaking, this wouldn’t be a problem, as both sides have to do their own analysis of the mortgages involved, and they both must agree for a deal to get done.  But what if the seller is relying on the advice of the arranger, Goldman Sachs, and GS fails to advise them that the buyer does not actually own the underlying credit risks, and is therefore selecting the underlying credits based on the likelihood of default?  This was the nub of the criticism aimed at GS during it’s congressional testimony.  

But whatever you think of the ethical issues involved, these types of derivatives did not really contribute to the underlying conditions that led to the collapse of 2008.  Remember that, as derivatives, they weren’t actually adding money to the mortgage market, as regular CDOs did.  They were nothing more than either hedges as protection against the default of mortgages that were already owned, or they were bets against the performance of already written loans. And there is even a reasonable argument to be made that, had more people been willing to buy naked protection sooner (ie bet against the performance of mortgages), it would have been a signal that the real estate market was over heating and may have burst the bubble sooner.   

The one way in which derivatives can be said to have contributed to events is that they compounded the liquidity issues faced by financial institutions in the fall of 2008.  Most derivative contracts between market participants are collateralized, which means that, as the value of the contract changes, collateral must be posted on a daily basis to cover that value.  As markets became tumultuous in 2008, a lot of these contracts required larger and larger postings of collateral, at exactly the time that it was becoming more and more expensive, and in some cases impossible, to borrow short term money.  This is precisely what happened to AIG. It couldn’t borrow the money to meet its increasing  margin and collateral obligations. 

In any event, the point here is basically that the demonization of derivatives is much too overblown. While there are certainly legitimate questions to be raised regarding the structuring of certain kinds of derivatives, most derivatives played virtually no role in the collapse of the economy in 2008, and certainly were not responsible for the wider economic conditions in the nation, the consequences of which we are are still living with today. 

Jobs bill to discriminate against the moderately wealthy

The WSJ reports:

Nonprofits across the state are campaigning against a provision in President Barack Obama’s jobs bill that would limit itemized deductions, including charitable deductions, for individuals with an annual income of $200,000 or more.

The federal proposal, which would cap itemized deductions at 28% from the current 35%, has provoked particular concern in New York, where nonprofits last year lost a fight against a state bill that reduced deductions from 50% for individuals earning $10 million or more.

While that policy ensnared an influential but limited portion of the oppulation, New York charities fear that the federal proposal will curb charitable giving among a much broader swath of potential donors, possibly compounding the impact of the state law.

Why is it that discriminatory laws that would be deemed outrageously abusive (and certainly unconstitutional) if targetting any other demographic of the country are considered perfectly acceptable when targetting a group defined arbitrarily by their income?

Saturday Morning Trivia (for LMS)

Since the the Most Valuable Player award was introduced into Major League Baseball in 1931, 12 players have won the award in consecutive years.  The last three players to do it were Albert Pujols (2008/09), Barry Bonds twice (1992/93 and 2001-2004), and Frank Thomas (1993/94).  Amazingly, however, the first 9 players to do it each played a different position, thus making back-to-back winners a perfect starting lineup.  Can you name them?

(Note:  one of the outfielders actually played all three outfield positions at various points in his MVP years, but we will make him our left fielder, since we’ve already got back-to-back winners at center field and right field.)

Morning Trivia

No google…you are on your honor.

There have been four universities that have produced both a US president and a Super Bowl winning quarterback. Name the schools, the presidents, and the quarterbacks. (One school actually produced two Super Bowl winning qb’s.)

Morning Humor

This is not labelled Joke of the Day because, in fact, it is not a joke, but a true story.

My wife works in a local school as an aide.  Yesterday in one of her classes a 2nd grade teacher was talking about the meaning of Labor Day, and pointed out that not all people actually get the day off as a holiday.  She asked the students to name some professions that would have had to work on Labor Day.

“Policeman,” says one student.  “Nurse,” says another.  “Fireman,” says another.

Then a fourth student raisees his hand and says “Private equity.”
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Mark is adding two more reality bites, with links.

“rezentin” is a name Astra Zeneca is using for a cancer med…PTO

Sometimes we are fortunate when a TM is abandoned…PTO

Let’s Twist Again

In a widely anticipated move, the Fed today announced Operation Twist, in which it will sell short term treasuries and buy long term treasuries. The last time the Fed employed such a strategy was in 1961, when, coincidentally, Chubby Checker won a Grammy for his song “Let’s Twist Again.”

30yr notes have rallied 20 bps since the announcement, down to 3.05%, while 2yr notes sold off by about 5 bps, yielding 0.195%. Stocks are down 60 points since the announcement, and a total of 110 on the day.

The Fair thing? The Fair Thing!?!

Nancy: Well, if that’s your attitude, I think you should give me half the money and let me eat whatever I want and you can do what you want with your half. I think that’s the fair thing. 

David: The fair thing? The fair thing? I can’t believe it.  That’s it! I have been too controlled! What do you mean?  You took our nest egg and you broke all over the Desert Inn!

Scene at the Hoover Dam from Lost In America, 1985

We hear a lot from President Obama, and the left in general, about the rich “paying their fair share” in taxes, the implication being, of course, that they don’t pay their “fair share”. But almost inevitably the charge comes without any serious consideration or offer of an actual objective measure of what fairness means. It is used simply as a populist cudgel to demonize the so-called rich. I think a true measure of “fairness” needs to be established in order to properly analyze whether this claim, that the “rich” aren’t paying their “fair share”, has any validity whatsoever. So what might such an objective measure be?


There has been one such measure offered recently, which is that people who earn an income from capital gains end up paying a lower rate of tax on their income than people who earn income from a salary. This, it is said (and seems at first glance) is objectively unfair. This particular measure is definitely worthy of consideration, and perhaps can be the subject of a future post. But for now I’d like to leave it aside, not only because of the complexity involved (one cannot talk about capital gains tax without also considering corporate taxation, nor the net effect of the progressivity and myriad of deductions allowed in the income tax), but also and primarily because I don’t think this is what people really mean when they speak of the rich not paying their “fair share”. If it were, then the claim would be used to bolster the notion only that capital gains tax should have the same structure and rates as the income tax, and it would be used against people making a certain kind of income, rather than being used to bolster the notion that rates should higher, and used against people making a certain amount of income.


And so, I would like to know by what objective standard can it be said that “the rich”, which I will define as those earning more than $250k per year, do not pay their fair share in taxes? When answering, please try to connect your answer to a) the share of taxes that this demographic actually does pay, and b) the services towards which taxes actually go.

UBS Story Doesn’t Make Sense

I don’t know if anyone is really paying attention to this UBS rogue trader story, but I think there is more to it than is currently being reported. The WSJ (no link, as it requires a subscription) is reporting that UBS says that the trader was operating on his own, and had created fictitious positions ostensibly covering his real positions, making him appear to be within position limits when in fact he was not. There are some things about this that don’t seem right to me.

Regarding the fictitious positions, UBS is apparently claiming that the trader booked false exchange-traded transactions to make it appear that he was within his liimits. This doesn’t makes sense at all, as such fake trades would be very difficult to hide. Exchange traded transactions generally require daily margin calls. This means that, each day, as the positions started to lose money, the exchange would have been calling for UBS to post daily cash/collateral as margin to cover the losses. But, from UBS’ side, if it thought that the positions were hedged by what it now knows to have been fictitious covering trades, it would have expected not to have to post much or even any margin at all. So how is it that UBS did not think something was amiss when the exchanges started calling for margin that UBS thought it didn’t owe?

I can think of only 3 reasons.

First, the front office trader was somehow in control of back office functions, allowing him to post margin that he knew he owed, while manipulating reports to make it appear that it wasn’t being posted. This is essentially what happened 15 years ago when Nick Leeson took down Barings Bank with unauthorized trading in Singapore. Allowing a single person to be engaged in both front office and back office functions is a major breach of control rules, a fact that ought to be obvious but was reinforced in the wake of the Leeson debacle with the introduction of many more regulations, as control issues were all the rage for several years following that event. Hence, I find it pretty much impossible to believe that any such thing is still going on at a place like UBS.

Another possibility is that the back office controllers at UBS were wholly incompetent. This is possible, but still highly unlikely. Each day the back office would have had to confirm with the exchange not only the amount of margin to be posted, but also the existing positions held there. This is one of the most basic functions performed by the back office. If false trades had been entered into UBS’s system, the daily checks would never have matched with the exchange. The level of incompetence needed to overlook this, and post margin on it despite the discrepancy, is too big to be plausible.

Lastly, the trader could have had assistance from someone in the back office helping him to cover up the fraud. This, to me, is the most plausible explanation. Control systems can never make fraud or unauthorized trading impossible. Some degree of trust in employees is necessary and inevitable. What they do is to make it difficult to engage in a prolonged fraud by spreading essential responsibilities across different people, making it impossible for a single person to maintain it. Hence, for this to have gone on for at least the 3 months they claim it was going on, I think he needed help.

UBS says that this trader was acting alone. I will be very surprised if this turns out to be true.

Bank Deposits Should Be At Risk

Suppose you own a store and want to protect your inventory from shoplifters.  You probably pay to install video cameras, and may even hire a security guard to wander around.  Suppose you are a celebrity, and want to protect yourself from adoring and perhaps not so adoring fans.  You probably pay to hire a bodyguard to travel around with you.  Suppose you own a cache of diamonds and want to protect it from theft.  You probably either pay to have a safe installed in your house, or you pay for a safe deposit box in someone else’s safe.


The common thread here is that, if you want to protect something, you generally have to pay to get someone else to protect it.  Oddly, however, when we want to protect our money, what do we do?  We deposit it in a bank and, rather than pay them to protect it, we expect them to pay us for the privilege of protecting it.  This makes no sense whatsoever.


The truth is that the only reason that banks are able to pay interest on deposits with them is because, far from protecting our money, they are putting it at risk.  That is precisely what interest represents…a premium received as payment for taking the risk that one may not get back one’s money.  And that is precisely the service that banks perform when they take deposits.  They do not protect your money.  They help you earn more money by putting what you already have at risk.


The federal government has obscured this fact, and through its federal guarantees on bank deposits led people to believe that they should be able to earn money with their money without ever taking any risk.  FDIC offers up the possibility of a free lunch.  This is a nonsensical view of reality.


There are some real economic benefits to FDIC insurance, but they derive mainly from tricking people into taking risks with their money, through the promise of a free lunch, that they wouldn’t otherwise take.  If you really wanted to protect your money, you should rent a safe deposit box at a bank.  This is a service that banks do provide, and you have to pay for it.  But if you put your money on deposit with the expectation that it will grow, you should be prepared to take the risk that your money might be lost.