The past few weeks haven't been good to Mitt Romney. He's been hit with two body shots, one after the other, relating to his character. There was also something about a horse, but I didn't bother to read about that one-- it might be a nice punchline, but not much more. Of the bigger stories, the first came when the Boston Globe uncovered SEC filings that listed Romney as CEO, President, Chairman of the Board, and sole stockholder of Bain Capital entities as late as 2002, seemingly contradicting his claim that he left Bain in 1999 to run the Olympics and shouldn't be held responsible for offshoring decisions the firm made in regards to certain portfolio companies in the time between Romney's departure and the time when he ceased to be listed in SEC filings. The second came when Romney continually stonewalled efforts to get him to release tax returns. To date, Romney's released the returns from 2010, and those were incomplete (an addition requiring disclosures about offshore accounts is missing). He hasn't released anything else. By comparison, John McCain released 2 years in 2008 (and those weren't particularly interesting; McCain is rich, in conventional terms, but he's solidly middle class compared to the mega-wealthy Romney). John Kerry released 20 years in 2004. Romney's own father, George, released 12 years when he ran for the Republican nomination in 1968. Romney's continually stonewalled any efforts to get additional taxes, which has predictably stirred up a firestorm over what's in his returns. One of those attacks, I think, has merit. The other doesn't.
The first attack is, I think, almost entirely baseless. Lying in SEC filings is certainly a felony. And Romney has been claiming that he left Bain in 1999 to run the Olympics. But my understanding of the filings is that Romney is listed in that capacity for particular Bain entities, rather than the Bain Capital partnership itself (which, of course, makes sense; a partnership the size of Bain Capital doesn't have just one partner, especially one like Bain where there is no charismatic founder or pair of founders inextricably tied to the company a la Henry Kravis and George Roberts at KKR or Pete Peterson and Steve Schwartzman at Blackstone). And, if you really think about it, the story doesn't pass the smell test. Unless you think Romney set up a remote office in Utah and was letting others run the Olympics while he ran Bain from Salt Lake City, there aren't enough hours in a day for anyone to manage two projects of that size.
My bet is this: Romney figured he would be going back to Bain when he left in 1999. He kept some formal authority, but his partners effectively ran the company day to day, while he came back on occasion in more or less a part-time advisory role. They continued to list him as "chairman, president, CEO and sole shareholder" of pass-through entities that distribute payroll and the like (PE funds are set up as a pyramid of different entities for limited liability and tax purposes), but which didn't actually make business decisions or earn profits. It certainly looks bad to a layperson, but it makes perfect sense. And, when you come right down to it, trying to run with it is a waste of time that could be spent looking at more important issues. Now, that doesn't mean that everything that happened after 1999 should be off-limits to attackers; if you buy the anti-Bain line from 1999-2002 hook, line and sinker, it's pretty disingenuous to think that the company somehow transformed when Romney left to run the Olympics, from "job creator" to "job destroyer". A company builds a particular culture. Romney was at the forefront of founding Bain, and he was there for almost two decades. It's not very credible to suggest that the company started doing things in 2000 that it wouldn't have done in 1999 just because Romney left. Whether offshoring is a problem is a separate issue altogether, but if you believe that it is, the "I left in 1999" defense doesn't pass the smell test, even if it's true that he wasn't running the company day to day.
The tax issue, on the other hand, is much more problematic for Romney. There's a long tradition of candidates for president releasing tax returns to the press. While private citizens' returns are certainly their own business, politicians' returns can be very relevant. They present a window into how the candidates conducted their financial affairs in the past. They demonstrate the candidate's values, how far they'll go to avoid taxes, and what kinds of investments they make. Romney's been historically difficult in withholding his returns. And that's a giant red flag. Now, the reality is this. There's a lot of speculation about what this means. But much of the speculation is pretty mundane. I would think releasing it would get media buzz for 3-4 days, and then people would get sick of it. If that's the case, I have to think the Romney political team would bite the bullet, release 4-6 years of returns, take the hit, and move on. But his aggressive refusal to do so doesn't pass the smell test-- it seems that there's something there, and chances are pretty good that it's something that would resonate, and not in a positive way.
I've seen a couple of plausible theories about what this is. One is that Romney paid no tax at all in 2009. This could have happened if he'd taken a hefty long-term capital loss that he could use to offset income. A man worth $250-500 million paying 0 in taxes in a given year isn't exactly a winning proposition to sell the public. It's something I would note, but, to me, it wouldn't be fatal. Though I'm not an election watcher, so the way I'd react may be different from the way others would react. Another possibility is that Romney took advantage of the 2009 IRS amnesty on Swiss bank accounts. Swiss bank accounts are useful to mega-rich people in that they used to provide substantial secrecy, which could be used to shield foreign holdings from scrutiny, play clever games with the tax code to adjust the basis of asset sales, or evade US taxes. The amnesty provision allowed offenders to pay limited penalties upon closing the accounts while remaining anonymous. If Romney took advantage, it would indicate that he was a tax cheat. And that definitely doesn't look so good for someone worth as much as him. A final theory that seems possible is that Romney has substantial holdings in China, and is bullish on the Chinese. That one's pretty mundane-- he's entitled to believe in China's economy. The issue that raises, though, is about honesty, since Romney talks bluntly about how harmful China's currency manipulation is to the US (which is actually something he's not wrong about, though I think China's slowdown is hardly the time to start waving a sword at the Chinese). That would look bad politically, and just confirm how disingenuous a politician Romney is, but it wouldn't be fatal. I tend to think that that's the best-case scenario for him. Though I guess we'll never know unless he caves to the pressure and releases his returns...
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