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Bailout Includes Secretive, Possibly Illegal $140B Windfall for Banks

HeadlineNov 10, 2008

The Washington Post has revealed the recent $700 billion taxpayer bailout of Wall Street contains a possibly illegal provision that stands to give American banks a massive windfall. As part of the bailout, lawmakers changed tax code Section 382, which limits the kinds of tax shelters companies can use during corporate mergers. It was created to stop companies who avoid paying taxes by acquiring shell companies valued by the losses on their stocks. The companies would then write off the losses and avoid paying taxes on their own profits. Taxpayers stand to lose some $140 billion from the move. Experts say the Treasury had no legal authority to eliminate the tax measure. Republicans have been trying to overhaul or eliminate it since its introduction in 1986. Congressional aides admitted lawmakers agreed to keep the change hidden to avoid public outrage. Staffers with Senate Finance Committee chair, Max Baucus, a Democrat, reportedly asked that an administration briefing on the tax code change be kept secret. One congressional aide said, “We’re all nervous about saying that this was illegal because of our fears about the marketplace. To the extent we want to try to publicly stop this, we’re going to be gumming up some important deals.”

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