Warren Buffett is a Hypocrite, Part I

Amass an 11-digit fortune, and you should probably forgo a name tag

We’ve never done a post on The Oracle of Omaha, which makes us unique among personal finance blogs. We also didn’t misspell his name as “Buffet”, which also makes us unique among personal finance blogs.

Yes, he’s the greatest investor of all time. No one disputes this. The problem is when he starts talking about topics he either knows nothing about, or is being deliberately obtuse about. Amassing wealth doesn’t make you an authority on every subject. Case in point, his recent lament about taxes.

Buffett wrote in The New York Times that the current progressive tax system in this country, in which rich people bankroll most everything, just isn’t progressive enough. He pointed out, yet again, the absurdity of his secretary paying a higher percentage of her salary in taxes than he does.

Summarizing, Buffett claims that at least one of his employees allegedly pays an effective tax rate of around 41% on income, while Buffett himself pays 17%.

First, the former claim is a lie. The highest marginal tax rate in this country isn’t even 41%, let alone the highest average tax rate. The highest marginal tax rate is 35%, and given the income level at which the IRS administers it, to pay an effective tax rate of 35% you’d have to make $6 million a year.

So Buffett’s not comparing himself to the woman who answers phones at Berkshire Hathaway. He’s comparing himself to a manager who makes a higher salary than almost everyone in America, even more than your average NBA or major league baseball player.

We’re giving Buffett the benefit of the doubt here, assuming that he meant 35% instead of 41% even though those numbers are easy to distinguish. No one knows where he got the 41% figure from.

Furthermore, that 35% maximum rate is on taxable income. Anyone who’s ever filled out a 1040, or had someone else do it, knows that taxable income is considerably less than total income. There are these things called deductions and credits, which Buffett is presumably familiar with (and which any manager who makes $6 million a year must be familiar with, too.)

It makes for a great class warfare talking point: every dollar that I fail to make is somehow some richer person’s doing. And who better to inspire envy among the poor salaried millions than a tycoon who’s finally seen the error of his ways?

Buffett – and we salute him for this – has spent a lifetime earning money via capital gains, rather than salary. Do we think this is a good idea? Hell, we wrote a book about it.

Capital gains are taxed at lower rates than salaries are. The people who write the tax code, and make it the most cumbersome and impenetrable thing on the planet, ensure this. Of course they do. Legislators write the code to accommodate and exploit this, because they derive most of their income through capital gains.

Let’s assume that Buffett indeed has employees who are paying twice the proportion of their income in taxes as he is. What’s the fairest way to make things fair? Again, multiple-choice.

  1. Further soak the rich.
  2. Get government’s foot off the throat of the poor.

Raise the rich people’s taxes to make things even, or lower the poor’s? Rich people seem to enjoy being rich. Why not reduce rates on the salaried masses to put them in line with whatever Buffett’s definition of “rich” is, instead of the other way around? Instead of creating prosthetic limbs for amputees, Buffett wants to break the right arms of the able-bodied.

The reactionary answer is “Because it’ll reduce much-needed tax revenue.” It wouldn’t. People respond to incentives, and will have incentive to work harder, longer hours if they get to keep more of what they make. When I can keep 84¢ of my next marginal dollar, there’s a better chance I’ll work for that dollar than if I only get to keep 67¢.

It’s the height of arrogance to complain about the tax system not because it hurts you, but because it benefits you. Especially when there are so many ways for Buffett to fix this perceived injustice. Sure, he could cut Washington a check for whatever amount he feels he should be paying. He could increase his employees’ pay enough to offset any tax advantage.

Or, and this is the least likely of the three, he could rework the dividends that flow through his corporations so that he could receive all his income as salary, rather than capital gains.  The chance of this happening is roughly equivalent to the likelihood of Buffett running a 4-minute mile.

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We’ve been pushing the concept of a diagonal tax since we were old enough to understand the concept. Everyone gets a basic personal deduction – say $20,000 – and pays some percentage – say 17 – on the rest.

The guy making $6 million would thus pay 16.94% of his income in taxes. The guy making $30,000 would pay 6% of his income in taxes. The guy whose net worth increases $10 billion in a year would pay 16.99997% of his income in taxes.

People who want to soak the rich should love this system. It treats the rich and the hyper-rich almost identically, biting them almost 3 times as hard as the working stiff, relative to what all three make. If that’s not enough, just manipulate the deduction and percentage numbers until it all makes sense.

 **This article is featured in the Yakezie Carnival-October 2, 2011 Welcome Fall Edition**

Where’s your loyalty?

Mike Brown, who coached the Cleveland Cavaliers for 5 years. He won 272 games, lost 138, and in 2009-10 led Cleveland to the best record in the league. Dan Gilbert rewarded him for his loyalty with a pink slip. (Or maybe Gilbert fired Brown for carrying a purse, which we would enthusiastically support.)

We love to rail against corporate slavery here, the explicit message being that if you really enjoy your job and concomitant station in life, have at it. But you probably don’t, and instead of whining about it you should take a chance. Or just wait a few decades and regret it, but it’s up to you.

Here, we’ll let commenter Monica explain it:

As a former hourly employee of a business that made it nearly impossible to leave on time, didn’t pay overtime wages, and expected work to be done at home, this article reminded me of why I took a risk and quit. I swallowed my pride, didn’t complain, and stuck it out to help my family. I have a strong work ethic and would never consider giving less than 100% at my job. After four years of dedication, excellent work and client reviews and awards, I received… wait for it.. a card and a cupcake when I left. I think many people find that companies are far less invested in their employees and seem less inclined to reward them for good work and loyalty. It is a shame because recognition and appreciation encourage employee productivity and longevity. Just my opinion…

People confuse “loyalty” with “honor”. They’re not synonyms. Honor means that you owe your employer whatever you agreed to as conditions of the job. Don’t cut out at 4:30 if the workday ends at 5:00.

If the workday starts at 9 and you get there at 8:15 in the hopes that someone influential notices, what have you proven? Here, we’ll do it in the form of a patented Control Your Cash multiple-choice test:

__That they should think of you the next time a promotion comes up.
__That they can throw extra work at you, maybe so much so that they can even save themselves the trouble of hiring an additional person.

As for loyalty, that’s a faithfulness you have to a family, a spouse, a country. Those are entities that you (presumably) share a goal with. Loyalty to an employer is a falsehood. Among other reasons, because you have different goals:

Your goal is to facilitate your career: your employer’s is not. Your employer’s goal is to turn as big a profit as possible. The two goals might overlap somewhat, but that’s not your employer’s concern.

Employers know this. They understand that it’s human nature to not question authority. This doesn’t mean you shouldn’t question your elected representatives (which, many of us seem to forget, are our employees.) Far from it. It means you should question your employer if you’re expected to do something beyond what you’ve agreed to. And that you shouldn’t succumb to pressure to do otherwise.

Telling most people to stand up for themselves is like telling a newborn baby to go to the store and run some errands, but we’ll continue.

We’ve had a year to put the following illustration of this in perspective. Last July, after 7 years of Hall of Fame-worthy play as a Cleveland Cavalier, a young multimillionaire named LeBron James exercised his ***RIGHT *** to file for free agency. The terms of his employment explicitly allowed this. He owed it to himself to exercise this right. Not doing so would be like taking only 2 weeks of vacation despite being allowed 3.

Even if you’re not a basketball fan, you probably know what happened next. James signed with a conference rival, and became as hated in Cleveland as Benjamin Netanyahu is in Gaza.

Millions characterized James leaving town as “betrayal.” You know, because wanting to find a new basketball team to play for is the equivalent of condemning The Savior of Mankind to a grisly death for 30 pieces of silver.

James irreparably severed his relationship with the idiot basketball fans of Cleveland, but that’s not the point. We can’t expect them to act rationally, and besides, they had no skin in this game. James’s employer/employee relationship, on the other hand, went to strange new places.

His now-former employer, billionaire Dan Gilbert, violated the Universal Boss Code. In a stunning display of childishness he exposed his feelings and let the world know that in his eyes, James’s only value as a human was in the difference he made to his, Gilbert’s, bottom line. For good measure, Gilbert added “selfish”, “heartless”, “callous”, and “cowardly” to his list of adjectives. Gilbert went way past infantile, reducing the prices of James-themed merchandise to $17.41 (in pennies, the year of Benedict Arnold’s birth.)

James earned $62 million in salary during his tenure under Gilbert, which means Gilbert must have profited by at least that much by having James around.

Substitute your own name for James’s above, your employer’s for Gilbert’s, and whatever you’ve earned for James’s salary (if it’s at least $62 million, kudos.)

Clearly whatever profits Gilbert was enjoying by keeping James around were worth holding onto. Otherwise Gilbert wouldn’t have worked so hard to keep James in Cleveland, and reacted so impetuously when James exposed a crucial truth: there are limits to a boss’s power. A smart employee can transcend those limits. This particular boss was willing to embarrass himself, in order to keep a valuable employee who understood his own worth in the marketplace. You can expect your own employer to harbor similar feelings if you start being cognizant of your own worth.

If you do, your employer will have to pay you more, accommodate your wishes, make your life a little easier. No employer will do this willingly, and most will start the negotiations by belittling you and making you doubt yourself. The idea of a self-aware employee scares most employers more than an audit does.

Did James sign elsewhere specifically to irk Gilbert? No, that was an ancillary benefit.

Presumably, you have at least a few professional non-monetary goals. James did, and like most pro athletes his include a world championship. He was already making huge money, and would continue to regardless of where he signed. Therefore, other aspects of his job became important. Exercising his right to free agency (which, by the way, you have too), he chose to work for an employer who lured him away by:

  • conducting operations in a beautiful city with a perfect climate, as opposed to the rusty chill of Cleveland
  • taking the idea of winning a championship seriously, by assembling a roster that didn’t consist of 11 stiffs.

James might have won a title in Cleveland had he stuck around long enough. But he came as close to winning one in his first year in Miami as he did in 7 years in Cleveland, advancing to the NBA Finals and taking it to 6 games. And he didn’t freeze half the year while doing it.

Meanwhile, James’s former team set a record by losing 26 consecutive games. James’s departure cost the Cavaliers an additional loss every other game. Maybe the Miami Heat got a bargain.

An elite financial engine like LeBron James can find himself a better situation. There’s no reason you can’t too.

**This article is featured in the Best of Money Carnival #122**

**This article is featured in the Totally Money Blog Carnival Celebrity Roast Edition**