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Jerusalem: The Holy City's 'Racist Abyss' Print
Monday, 25 August 2014 06:09

Schwartzstein writes: "There’s nothing holy about Jerusalem. Its civility has been crushed; its fragile peace has been blown apart by the mindless toxicity of a summer of violence."

 (photo: Ammar Awad/Reuters)
(photo: Ammar Awad/Reuters)


Jerusalem: The Holy City's 'Racist Abyss'

By Peter Schwartzstein, The Daily Beast

25 August 14

 

here’s nothing holy about Jerusalem. Its civility has been crushed; its fragile peace has been blown apart by the mindless toxicity of a summer of violence.

Nowhere is this chasm more jarring than along the broad avenue that scythes through the city dividing its Jewish and Palestinian parts. Here, indecency reigns, with residents of these rival neighborhoods tripping over one another to broadcast their racism.

“Most Arabs are just criminals. How can we live with them?” asked a man who identified himself as Binyamin from the poor, largely Ultra-Orthodox Shmuel Hanavi district.

Up the hill and into East Jerusalem, Sherif Hammoud is equally convinced of his neighbors’ intrinsic nastiness.

“There’s something wrong with Jews. They’re bad people. We hate them,” he said, from behind the counter of his family’s juice stall. In ordinary circumstances, he’d be swamped with tourists seeking sanctuary from the fearsome midday sun, but in their absence, bored youths lounge around and eagerly nod their assent.

Life along the Armistice line showcases some of the worst excesses of both sides. The city was divided by barbed wire and gun emplacements from 1948, when the line was drawn, until the June 1967 war, when Israel occupied the West Bank, Gaza and the east of the city. Then the fortifications in “united Jerusalem” were taken down, but the psychological and political barriers remained.

Many of Shmuel Hanavi’s outer apartment blocks, which were built with walls three feet thick to withstand shelling, are pockmarked with potshots from across the road. Most recently, in early August, a Palestinian man drove an excavator into a public bus in an apparent terror attack within the district’s boundaries.

Some residents here are no saints themselves though.

On many afternoons, small groups of conservative Haredi Jews traipse through the neighborhood and congregate in front one of the main approach roads to East Jerusalem. There, against a backdrop of anti-Semitic graffiti and wary watching Israeli policemen, they scream obscenities in Yiddish at passing Arabs.

Jerusalem’s religious significance has often acted as a siren call for extremists of all stripes, and it’s rarely been a paragon of interfaith cooperation. But seven weeks of intermittent war in Gaza, and months of simmering tensions in the West Bank have hardened attitudes and cast the conflict along even clearer communal lines.

“Jerusalem is at its most divided since 1967,” said Gershon Baskin, a longtime Israeli peace negotiator, and a relative anomaly among Jerusalemites in his willingness to stray onto the other side’s ‘turf.’

“The geography of fear, which has always existed in this city, has been compounded tremendously since the kidnapping and murder of the Israeli teenagers, and then the murder of Mohammed Abu Khdeir in revenge, and of course, the war in Gaza,” he said.

A cursory stroll through West Jerusalem’s buzzy commercial hub is enough to throw these community divisions into stark relief.

Until recently, many Palestinians worked in Jewish areas and patronized Jaffa Street’s frozen yoghurt parlours and shoe shops, but a fear of assault from extreme Nationalist Israelis has made hijab-clad shoppers something of a rarity.

It’s a similar situation on the other side, where the threat of violence—real and perceived—has long deterred most Jewish Israelis from setting foot in East Jerusalem. Nowadays, however, even those who sympathize with Palestinian grievances steer clear of the more inflamed areas.

“I don’t want to be a martyr,” said Daniel Seidemann, a lawyer who focuses on Israeli settlement violations in the West Bank. “I’ve never seen the mood so ugly,” he added.

This increasing self-segregation is tragic in more ways than one.

With fewer forums in which ordinary Palestinians and Israeli Jews might mingle, moderates in both camps have had a tougher time tempering the pyromaniac tendencies of their respective fanatics.

Avigdor Liebermann, the Israeli foreign minister and leader of the far-right Yisrael Beitenu party, has called for boycotting the businesses of Israelis of Arab extraction if they protest his government’s military action in Gaza. Meanwhile, in East Jerusalem, some hardline Palestinian officials now appear to be actively stoking the fires for political gain.

“The Palestinian Authority [PA] don’t have any control, so they don’t prevent the dissent, and in a way, it’s almost encouraged. It’s a window to the world, it’s a friction point with the Israelis,” said Gershon Baskin. Meanwhile, as he noted, settler-only roads and policing by the PA’s security forces has reduced the potential for serious clashes with the Israeli military in the West Bank.

If Jerusalem’s authorities are truly intent on mollifying aggrieved Palestinians then they’re going about it in a foolish-looking fashion. Periodic bouts of rock and Molotov-cocktail throwing have been met with rounds of arrests—600 young men over the last month, at the same time as Jewish settler crime in East Jerusalem has gone largely unpunished.

With emotions running so high, community leaders who favor a return to the calmer—though still impossibly strained—conditions prior to the most recent Gaza flare-up face a Sisyphean challenge.

Rabble-rousing songs calling for the destruction of Tel Aviv (and in some instances, the extinction of the Jewish people), blare from many East Jerusalem stereos, while the presence of large numbers of southern Israelis who’ve fled the threat of Hamas rockets and tunnels—and packed hotels that would usually be jammed with foreign visitors —has fuelled Jewish residents’ venomous mood.

“It’s a mutual mistrust. This is why they say Jerusalem has gone back 25 years,” said Hosam Naoum, dean of the Anglican St. George’s Cathedral, which stands steps from the Armistice line. The start of the church school’s scholastic year will likely be delayed if tensions don’t recede.

As if the breakdown in communal relations wasn’t complete enough, even projects designed to fuse the city’s disparate constituencies have become props in its implosion.

The Jerusalem light rail was built to service Palestinians and Israelis alike, but it now tears straight past most East Jerusalem stops, after rioters in the Shuafat neighborhood smashed up a tram and a few stations, insisting it was merely a tool for integrating Jewish settlements in Palestinian areas.

Elsewhere, the bi-communal separation continues, with fierce nationalists seemingly intent on cementing this divide.

Malha Mall on the city’s west side has long attracted a sizable bloc of Palestinian day-trippers, but advocates in East Jerusalem are now pushing for them to spend their disposable income in Arab enterprises in the Old City or on the main Sala-ad-din and Nablus shopping drags.

“They should help our shops, and not give money to their mall. That just normalizes relations,” Sherif Hammoud said.

In the midst of Jerusalem’s descent into a racist abyss, it’s worth noting that the holy city’s contested status and appeal to religious purists has never allowed for some of the warmer relations mixed neighborhoods in Haifa and Jaffa enjoy.

Many Israelis openly disdain their capital’s toxic climate: “I can’t stand Jerusalem. None of us on the coast can,” a secular friend in liberal Tel Aviv told me.

Certainly, if there’s to be a solution to the Israeli-Palestinian conflict, much of the constructive input’s going to have to be generated elsewhere, because Jerusalem’s far too wrapped up in its petty squabbles to help.

But with the Gaza war now collapsing into a bloody attritional struggle, racist sentiments seeping into the Knesset’s political mainstream, and protests in the West Bank assuming an unstintingly anti-Semitic bent, Jerusalem’s lethal brand of hatred is fit for export elsewhere in Israel and Palestine.

Dean Naoum, for one, thinks the conflict has reduced the city to an unseemly spectacle. “We’re now all like animals in a zoo. People just come to the Middle East to look at us,” he said.


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FOCUS | Please Stop Electing Morons Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Sunday, 24 August 2014 10:44

Pierce writes: "Ebola does not exist in Central America. It has never been found there."

 (photo: file)
(photo: file)


Please Stop Electing Morons

By Charles Pierce, Esquire

24 August 14

 

he Ebola fever outbreak in west Africa is bad enough. (And good on the doctors who saved the lives of Nancy Writebol and Keith Brantly. Now, what say we and the rest of the world get together and try to stop the horror Over There?) One thing that the victims of that catastrophe don't need right now is to get hauled into the American political process, even by proxy, because nothing ever ends well for anything that gets hauled into the American political process, even by proxy.

Aw, dammit. Too late.

In the meantime, though, Tobin says he's hearing about worries from constituents that the recent wave of undocumented youth from Central America could cause an Ebola outbreak in the United States. "Anything's now possible," Tobin said last week. "So if you were to say the Ebola virus has now entered (the country), I don't think anyone would be surprised." Tobin acknowledged that Ebola has been limited to outbreaks in Africa, "to the extent that they're really aware of that. I think there is a reason we should be concerned about it and say, 'Hey, can you assure us the people crossing the border are not from the Middle East?' ... So I use that as an example, that the public would not be surprised to hear about the next calamity at the border."

Ebola does not exist in Central America. It has never been found there. This current outbreak is the first one that's occurred outside of very remote places in Africa, for god's sake. The reason that the "public would not be surprised" is because a good piece of "the public", and almost all of "the public" to whom Tobin is pitching himself for Congress, gets its "news" from grifters and charlatans and professional hysterics. And Tobin is not alone. For example, this cluck is a physician. These guys are elected members of the Congress. And, of course, this guy is from Zontar.

"Because they see people coming across as undocumented Democrats. And so, they want to keep the surge of people coming in illegally, even though it includes a big spike in Other-Than-Mexicans, OTMs as we call them...It includes a spike in people from countries where terrorism abounds," he continued. "We have people coming in from countries where Ebola is located."

God, this election is going to suck so much pond water.


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Justice Ginsburg: America Has a 'Real Racial Problem' Print
Saturday, 23 August 2014 14:50

Millhiser writes: "The Supreme Court was 'once a leader in the world' in combating racial discrimination, according to Justice Ruth Bader Ginsburg. 'What's amazing,' she added, 'is how things have changed.'"

U.S. Supreme Court Justice Ruth Bader Ginsburg. (photo: Matt Rourke/AP)
U.S. Supreme Court Justice Ruth Bader Ginsburg. (photo: Matt Rourke/AP)


Justice Ginsburg: America Has a 'Real Racial Problem'

By Ian Millhiser, ThinkProgress

23 August 14

 

he Supreme Court was “once a leader in the world” in combating racial discrimination, according to Justice Ruth Bader Ginsburg. “What’s amazing,” she added, “is how things have changed.”

Ginsburg, who was one of America’s top civil rights attorneys before President Carter appointed her to the federal bench in 1980, spoke at length with the National Law Journal‘s Marcia Coyle in an interview that was published Friday. In that interview, she lays out just how much the Court’s outlook on race has changed since she was arguing women’s equality cases before it in the 1970s.

In 1971, for example, President Nixon had begun to reshape the Supreme Court. As a presidential candidate and, later, as president, Nixon complained that the Supreme Court’s school desegregation decisions had intruded too far on local control of public schools. Yet, as Justice Ginsburg points out, Nixon’s hand-picked Chief Justice, Warren Burger, authored a unanimous Supreme Court decision recognizing what are known as “disparate impact” suits, which root out discrimination in employers with policies that disproportionately impact minorities.

Burger’s resolution of this case “was a very influential decision and it was picked up in England,” according to Ginsburg.

The Court’s present majority, by contrast, seems much more interested in using its power to thwart racial justice. In 2013, for example, the Supreme Court struck down a key prong of the Voting Rights Act, effectively ending a regime that required states with a history of racial voter discrimination to “preclear” new voting laws with officials in Washington before those laws went into effect. Writing for the Court, Chief Justice John Roberts justified this decision because he claimed that racism is no longer a big enough problem in the states covered by the Act, and thus the Voting Rights Act’s longstanding framework was outdated. Permitting the federal government to apply such a check against racially discriminatory voting laws was an “extraordinary departure from the traditional course of relations between the States and the Federal Government,” and it could no longer be allowed, according to Roberts, because “things have changed dramatically” in states with a long history of racism.

Two hours after Roberts claimed that racism was too minor a problem to justify leaving America’s most important voting rights law intact, Texas Attorney General Greg Abbott announced that Roberts’ decision would allow a gerrymandered map and a recently enacted voter ID to go into effect. Federal courts had previously blocked both the map and the voting restriction because of their negative impact on minority voters. Alabama made a similar announcement about its voter ID law the same day Roberts handed down his decision. Less than two months later, North Carolina Governor Pat McCrory (R) signed a comprehensive voter suppression law adopting many provisions that reduced minority turnout in other states.

Justice Ginsburg, for her part, warned that tossing out a key prong of the Voting Rights Act “when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

In what may become the most controversial part of her interview with Coyle, Ginsburg also suggests that public acceptance of gay Americans is eclipsing our ability to relate to each other across racial lines. “Once [gay] people began to say who they were,” Ginsburg noted, “you found that it was your next-door neighbor or it could be your child, and we found people we admired.” By contrast, according to Ginsburg, “[t]hat understanding still doesn’t exist with race; you still have separation of neighborhoods, where the races are not mixed. It’s the familiarity with people who are gay that still doesn’t exist for race and will remain that way for a long time as long as where we live remains divided.”

Regardless of whether Americans as a whole are falling behind on race even as we become more accepting of our gay neighbors, the phenomenon Ginsburg describes is certainly alive and well on her Court. One day after the Court tore down much of the Voting Rights Act, it struck down the anti-gay Defense of Marriage Act (DOMA). Justice Anthony Kennedy, who is solidly conservative on most issues that come before the Court, typically votes with the more liberal justices on gay rights issues. He was in that majority in both the Voting Rights Act case and the marriage equality case.

So one possible explanation for this disparity between the Court’s gay rights cases and its racial justice cases is that Justice Kennedy controls the balance of power on both issues, and he is a conservative on race and a relative liberal on gay rights. At a recent conference, however, a member of the legal team that successfully argued that the Court should strike down DOMA offered a different theory for this disparity — a theory that closely resembles Justice Ginsburg’s analysis. According to Pam Karlan, a Stanford law professor who now serves as the Justice Department’s top voting rights attorney, “very few upper middle class people wake up to discover that their children are poor. Very few citizens wake up to discover that their children are undocumented. Very few white people wake up to discover that their child is black,” but even the most staunchly anti-gay parent can wake up to a phone call from their child telling them that he or she is gay.

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Another St. Louis Summer Print
Saturday, 23 August 2014 14:47

Excerpt: "It was the time of the Midwestern gothic of the Greenlease kidnapping, but it was also a time when the quest for justice could encompass both black people and white people, operating together and freely."

More than a decade before the now famous sit-ins at the Woolworth's counter in Greensboro, North Carolina, in 1960, the Dagens and their CORE chapter were preparing one of the first sustained, nonviolent, direct-action civil-rights campaigns in America. (photo: John Dominis/The Life Picture Collection/Getty)
More than a decade before the now famous sit-ins at the Woolworth's counter in Greensboro, North Carolina, in 1960, the Dagens and their CORE chapter were preparing one of the first sustained, nonviolent, direct-action civil-rights campaigns in America. (photo: John Dominis/The Life Picture Collection/Getty)


Another St. Louis Summer

By Landon Jones, The New Yorker

23 August 14

 

any summer days in St. Louis are what my dad called three-shirt days. In the Midwestern heat, before widespread air-conditioning, he would leave our apartment, at Waterman and Union, wearing a laundered white shirt that he had pulled out of a drawer that morning. At midday in the office, with his first shirt now collapsed and clinging to him like a soggy washcloth, he would pull it off and put on a clean one for lunch. It would last until he came home for dinner, when it came off, and another clean shirt came out with the ice and chilled bourbon.

The smellscape, also unmitigated by air-conditioning, was different, too. The heat and humidity would distill the pungent aromas of the fermenting hops in the breweries into an olfactory miasma that settled like a fog over the city. Adding to this yeasty mix were the St. Louis National Stockyards, whose thick, loamy, gamey smells—ripening manure, blood, rancid fats from the slaughterhouse—filled your nostrils. Breathe deeply and you recoiled as the stench hit the bottom of your brain, a reptile memory suddenly brought alive.

In 1953, St. Louis was no backwater but, rather, the proud capital of an inland empire—the eighth-largest city in the United States. I could read, in the World Almanac, that my hometown was bigger than Washington, D.C., Boston, San Francisco, Pittsburgh, or Houston. America’s two mightiest rivers, the Mississippi and the Missouri, joined there, draining most of the country. A corporate oligarchy ruled the city—Monsanto, Ralston Purina, Anheuser-Busch, Pet, Inc., Seven-Up, McDonnell Aircraft.

St. Louis was also one of the most formidably segregated cities in America. Although Jackie Robinson had integrated Major League Baseball six years earlier, black people who wanted to see him play were confined to the right-field pavilion at Sportsman’s Park. In the evenings, the Grand Avenue movie theatres were off-limits, as was the city’s biggest amusement park, the Forest Park Highlands.

Most of the city’s black residents were crammed into a few square miles of substandard housing that spread directly west of the central St. Louis business district. Restrictive zoning confined them to these deteriorating buildings even as thousands more black people emigrated from the South, ballooning the city’s population and further crowding the ghetto. Virtually all of the area’s major retail businesses were downtown—the flight to the suburbs had not yet begun—and downtown was the only place to shop. But black St. Louisans were not served at the lunch counters at department stores, or dime stores, or drugstores. Those venturing downtown to shop would plan their trips to avoid the lunch hour, or might bring along a sandwich to eat furtively in a restroom.

Exactly a month before my tenth birthday, to earn pocket money, I began selling tickets to the Boy Scout Circus in the urban streets near our apartment. I would knock on doors up and down Waterman, a street lined with brick apartment houses where the only black people worked as janitors. “Hello, I am selling tickets to the Boy Scout Circus,” I’d begin. “How many would you like?” The big payoff was with the rich people who lived in the nearby gated streets with Victorian mansions. I would make most of my revenue from the maids, who would give me a couple of dollars just to go away.

On Tuesday, October 6th (the day after the Yankees won their fifth straight World Series, with a 4–3 victory over the Dodgers at Yankee Stadium), I somehow got inside the Town House Hotel, on Pershing Avenue. I wandered up and down the corridors, knocking on room doors, trying to sell tickets. Later that day, Richard (Carl) Hall would be sitting in Room 324, drinking bourbon and shooting morphine. A week earlier, Hall had killed Bobby Greenlease, the six-year-old son of a millionaire auto dealer, and he was now the object of a ferocious manhunt.

It’s hard to overstate the fascination that the Greenlease kidnapping and murder engendered among kids then. It was the first major crime to achieve national prominence on television—his sorrowing family was on every night—and we had not yet learned how to process news of this intensity and intimacy. When we try today to make sense of the kidnapping, the pieces, as with many of the events of the nineteen-fifties, do not assemble into a familiar narrative. The experienced world of 1953, its three-shirt days, remains unknowably strange.

Maggie Dagen, a high-school social-studies teacher with a Quaker background, was particularly attuned to scenes of injustice in St. Louis. She and her husband, Irv Dagen, who worked in the shoe industry, started a pioneering interracial discussion group called Humanity, Inc., which met in their apartment, near the Delmar Loop, in University City. It was almost certainly the only house in the city of St. Louis where black and white residents were meeting together to discuss common problems.

One Sunday night, a lively woman with reddish-blond hair joined the discussion. Bernice Fisher, a union organizer who had moved to St. Louis from Chicago, described her role in founding the Committee of Racial Equality (CORE). In Chicago and Detroit, CORE had successfully adapted Mohandas Gandhi’s tactics of nonviolent civil resistance and direct action to the cause of American civil rights. In his autobiography, the early civil-rights activist James Farmer described Fisher as combining “a fiery hatred of racism with a violent rejection of war. Both evils made her fighting mad. I often called her the most warlike pacifist I ever knew.”

The Dagens were intrigued. Many of the members of their discussion group were already active in the long battle to integrate Washington University, which finally succeeded in 1952. Moreover, they could see a clear opportunity. Other groups, such as the N.A.A.C.P. and the Urban League, were focussed on legal struggles over jobs, housing, and integration. But protesting ground-level segregation at local lunch counters lent itself to Gandhian direct action—picketing and sit-ins—and was small and definable enough for the group’s limited resources to have an impact.

The Dagens’ apartment became increasingly crowded, with between thirty and forty new CORE members sitting around their white trestle picnic table at weekly meetings. The regulars included an interracial couple (Charles and Marion Oldham), two black teen-agers from Vashon High School (Norman Seay and Walter Hayes), a white student from Washington University (Judy Stix), an Army veteran and his young wife (Joe and Billie Ames), and a black art student from Stowe Teachers College (Wanda Penny). “We had picnics,” Charles Oldham recalled, in an oral history of the St. Louis CORE, held at the State Historical Society of Missouri. “We played bridge. We became a very close-knit group. We were very dedicated and very sincere and very nonviolent. We studied Gandhi. We knew the techniques he had used. And we were committed to what we were doing.”

More than a decade before the now famous sit-ins at the Woolworth’s counter in Greensboro, North Carolina, in 1960, the Dagens and their CORE chapter were preparing one of the first sustained, nonviolent, direct-action civil-rights campaigns in America.

Their targets would be restaurants and hotels. They would first send in “test” groups—a neatly dressed pair of CORE members, one black and one white. “They were always spiffy and better dressed than the regular clientele of the restaurant,” Maggie Dagen noted. Her goal was for anyone looking on to have to say that “they’re not being served because they’re black—Negro—and no other reason could occur to them.”

The CORE members decided that the best way to get results was to be completely transparent. The Dagens met with restaurant managers in advance to urge their coöperation. Some told them that they would integrate only if their competitors did the same thing. Others claimed that their own employees would not stand for the idea of serving black customers. “We tried to persuade management that this wasn’t a horrendous event in their lives and wouldn’t destroy their business,” Charles Oldham explained. “Management would have the opportunity to observe the reaction of customers and waitresses, and we worked this out with any number of stores, and the results were amazingly all good. Once they agreed to the testing program, it meant that they were on the way to opening the store.”

But not every manager agreed. One memorable negotiation was with Harry Pope, whose family owned the popular Pope’s Cafeteria chain. As Dagen recounts in her memoir, “Victory Without Violence” (written with Mary Kimbrough), when she met with Pope he suggested that integration should proceed very gradually. He proposed that, in the first week, a white person should come in with a very light-skinned black person. The next week, the white person would come back with a black person whose skin was slightly darker, and so on, each week bringing someone with darker skin. That way, Pope thought, the customers would gradually get accustomed to seeing black people in the restaurant. After hearing out his proposal, Dagen replied, “Mr. Pope, we can’t do that. We are a human-relations organization, not a paint store.”

Around this time, a newly hired reporter for the St. Louis Post-Dispatch, Richard Dudman, happened to stumble upon one of the sit-ins, at a downtown department store. He had never seen anything like this—a mixed-race group occupying all of the lunch-counter stools, patiently waiting for food that never came. “What’s going on?” he asked. It was a civil-rights demonstration organized by CORE, he was told. Dudman rushed back to the newsroom with his scoop.

Oh, he was told, “The newspaper knows all about it, and there is no need for a story.”

“Why not?”

“Because if it gets into the papers, it could stir up violence.”

Or perhaps the Post-Dispatch was sensitive to the fact that the department stores were among its biggest advertisers. Or the editors were simply made uncomfortable by the emerging movement. In any case, the city’s newspapers and TV stations joined in a conspiracy of silence about one of the nation’s first prolonged civil-rights actions. Interestingly, the Dagens and their group accepted this. They could see the downside in publicly forcing store owners into a corner. “It was about finding a way out for the other guy,” Dagen said. The result was that, as they entered 1953, the St. Louis CORE group, operating entirely out of public view, was on the way to achieving one of the most innovative and least publicized victories in the long struggle against racial segregation in America.

In the end, this is what remains most unknowable about those days: it was the time of the Midwestern gothic of the Greenlease kidnapping, but it was also a time when the quest for justice could encompass both black people and white people, operating together and freely.

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Microsoft Admits Keeping $92 Billion Offshore to Avoid Paying $29 Billion in US Taxes Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=32070"><span class="small">David Sirota, International Business Times</span></a>   
Saturday, 23 August 2014 14:46

Sirota writes: "Microsoft Corp. is currently sitting on almost $29.6 billion it would owe in U.S. taxes if it repatriated the $92.9 billion of earnings it is keeping offshore, according to disclosures in the company's most recent annual filings with the Securities and Exchange Commission."

Microsoft CEO Satya Nadella gestures during the keynote address of the Build Conference in San Francisco. (photo: Eric Risberg/AP)
Microsoft CEO Satya Nadella gives the keynote address of the Build Conference in San Francisco. (photo: Eric Risberg/AP)


Microsoft Admits Keeping $92 Billion Offshore to Avoid Paying $29 Billion in US Taxes

By David Sirota, International Business Times

23 August 14

icrosoft Corp. is currently sitting on almost $29.6 billion it would owe in U.S. taxes if it repatriated the $92.9 billion of earnings it is keeping offshore, according to disclosures in the company’s most recent annual filings with the Securities and Exchange Commission. The amount of money that Microsoft is keeping offshore represents a significant spike from prior years, and the levies the company would owe amount to almost the entire two-year operating budget of the company’s home state of Washington.

The company says it has "not provided deferred U.S. income taxes" because it says the earnings were generated from its "non-U.S. subsidiaries” and then "reinvested outside the U.S.” Tax experts, however, say that details of the filing suggest the company is using tax shelters to dodge the taxes it owes as a company domiciled in the United States.

In response to a request for comment, a Microsoft spokesperson referred International Business Times to 2012 U.S. Senate testimony from William J. Sample, the company’s corporate vp for worldwide tax. He said: “Microsoft’s tax results follow from its business, which is fundamentally a global business that requires us to operate in foreign markets in order to compete and grow. In conducting our business at home and abroad, we abide by U.S. and foreign tax laws as written. That is not to say that the rules cannot be improved -- to the contrary, we believe they can and should be.”

The disclosure in Microsoft’s SEC filing lands amid an intensifying debate over the fairness of U.S.-based multinational corporations using offshore subsidiaries and so-called "inversions" to avoid paying American taxes. Such maneuvers -- although often legal -- threaten to signficantly reduce U.S. corporate tax receipts during an era marked by government budget deficits.

White House officials have called the tactics an affront to "economic patriotism" and President Obama himself has derided "a small but growing group of big corporations that are fleeing the country to get out of paying taxes." In a July speech, he said such firms are "declaring their base someplace else even though most of their operations are here."

"I don't care if it's legal; it's wrong," Obama said. Meanwhile, Democratic lawmakers have been pushing legislation they say would discourage U.S. companies from avoiding taxes through offshore subsidiaries. The proposals are being promoted in advance of the 2014 elections, as polling suggests the issue could be a winner for the party. In Illinois, the issue has already taken center stage in the state’s tightly contested gubernatorial campaign.

Because Microsoft has not declared itself a subsidiary of a foreign company, the firm has not technically engaged in an inversion. However, according to a 2012 U.S. Senate investigation, the company has in recent years used its offshore subsidiaries to substantially reduce its tax bills.

That probe uncovered details of how those subsidiaries are used. In its report, the Senate's Permanent Subcommittee on Investigations described what it called Microsoft’s “complex web of interrelated foreign entities to facilitate international sales and reduce U.S. and foreign tax.” The panel’s report noted that “despite the [company’s] research largely occurring in the United States and generating U.S. tax credits, profit rights to the intellectual property are largely located in foreign tax havens.” The report discovered that through those tax havens, “Microsoft was able to shift offshore nearly $21 billion (in a 3-year period), or almost half of its U.S. retail sales net revenue, saving up to $4.5 billion in taxes on goods sold in the United States, or just over $4 million in U.S. taxes each day.”

U.S. Sen. Carl Levin, D-Mich., said at the time: “Microsoft U.S. avoids U.S. taxes on 47 cents of each dollar of sales revenue it receives from selling its own products right here in this country. The product is developed here. It is sold here, to customers here. And yet Microsoft pays no taxes here on nearly half the income.”

Apple and General Electric, which also employ offshore subsidiaries, are the only U.S.-based companies that have more money offshore than Microsoft, according to data compiled by Citizens for Tax Justice. In all, a May report by CTJ found that “American Fortune 500 corporations are likely saving about $550 billion by holding nearly $2 trillion of ‘permanently reinvested’ profits offshore.” The report also found that “28 these corporations reveal that they have paid an income tax rate of 10 percent or less to the governments of the countries where these profits are officially held, indicating that most of these profits are likely in offshore tax havens.” 

Microsoft’s use of the offshore subsidiary tactics has exploded in the last five years, with the amount of Microsoft earnings shifted offshore jumping 516 percent since 2008, according to SEC filings.

According to Microsoft’s filings, if the company repatriates the $92.9 billion it is holding offshore, it would face a 31.9 percent U.S. corporate tax rate. U.S. law generally permits companies to deduct the foreign corporate taxes they’ve already paid from the U.S.’s official 35 percent corporate tax rate. According to CTJ's Richard Phillips, that means Microsoft's disclosure implies the company is paying just 3.1 percent in the locales where it is currently holding the cash. Phillips says such an extremely low rate strongly suggests the firm is keeping the earnings not just in relatively low-tax locales like Ireland, Singapore and others the company has disclosed, but also in smaller countries like Bermuda that are considered true tax havens.

According to a Wall Street Journal report in 2012 about companies reducing transparency about their subsidiaries, Microsoft “once disclosed more than 100 subsidiaries [but] reported just 13 in its 2003 annual report and 11 in its 2012 report.”

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