MuniLand

The shining Fourth Estate and the theme park

Cynthia Calvert, the editor of The Tribune of Humble, Texas, is restoring community journalism to its rightful place in the Fourth Estate. She has written a series of articles challenging the actions of the East Montgomery County Improvement District (EMCID), which funded a now-bankrupt theme park called EarthQuest.

Payments from a 2009 municipal bond offering, and possibly other East Montgomery County sales tax collections, have been paid to various “consultants” on the EarthQuest project, most of whom appear to have left. The land on which the project was to be built, the only asset other than the intellectual property, is being foreclosed upon by the local bank that lent the funds to purchase it. The 500-acre theme park was an enormous gamble for a county improvement district to support, and the district appears to have lost the bet and the taxpayers’ money.

Calvert fires her most recent salvo in her article “EarthQuest 2009 bond sale: where did tax dollars go.” In the very best tradition of a journalist holding public officials’ feet to the fire, she wants to know exactly where the money from the bond offering went:

The netherworld of EarthQuest is a complex financial maze that challenges even the most intrepid investigator. But The Tribune is dedicated to unwinding this tangled web called EarthQuest so that all taxpayers will know how their elected officials have spent their hard-earned tax dollars.

This article will focus on one aspect of EarthQuest, the 2009 municipal bond sale. Specifically, how were the proceeds of that bond sale, totaling $7.635 million, disbursed, to whom and for what purposes. The bond proceeds were actually reimbursed to Global EarthQuest Ventures, LP, an entity of the Marlin-Atlantis Companies (the “Developer Group”). But The Tribune will spotlight those parties that ultimately received payment, thereby removing the ‘corporate veil’ of the Developer Group that would otherwise shroud the identities of the true recipients.

MuniLand Snaps: May 1

Reuters graphic artist Stephen Culp created this excellent map depicting data from the University of Tennessee regarding Amazon’s negotiations with state governments on taxation. Rest assured, every state will eventually collect sales taxes from Amazon.

Good Links

Real Clear Policy: “A Decade Without a Mexican”

WaPo: Threat from mounting public job losses tested Obama’s economic strategy

Federal Reserve Bank of New York: Impact of reporting on the interest rate derivatives market

MSRB: Muniland’s overseer holds quarterly meeting

Bond Buyer: MSRB considers reducing 15-minute window for trade reporting

Reuters: New York State tax revenue lags, but four-year gap drops: report

NBC Chicago: Financial journalists skeptical of Chicago Infrastructure Trust

LAT: Los Angeles opens the Expo Line, what now?

Learn Bonds: Alexandra Lebenthal changes her thinking on individual munis

@Twitter Talk Paul GreavesPaul Greaves  @greavespg Can we devote one week to just discussing potential solutions to our fiscal challenges and not reacting to a video or a comment/gaffe?

IpreoMuniIpreoMuni  @IpreoMuni Illinois dominates negotiated & competitive deals double as #’s strengthen. Here is the calendar  http://bit.ly/Jtcfeb #muniland

Oklahoma cuts taxes while other states fund its social programs

Conservatives are working in legislatures across the country to eliminate or reduce state and local tax rates with the stated purpose of promoting job creation. These legislative efforts have received support from the American Legislative Exchange Council (ALEC), an ultra-conservative lobbying group. Oklahoma Governor Mary Fallin is the latest beau ideal for ALEC’s fiscal austerity drive as she leads the charge to eliminate her state’s income tax. She writes in the introduction to ALEC’s latest edition of “Rich States, Poor States”:

I have been committed to these fundamental principles for years, and we are seeing incredible results because our legislators have had the courage to stand with me in support of conservative governance. Oklahoma’s economy is outperforming the national economy, and our success stands in stark contrast to the record of dysfunction, failed policies, and outrageous spending that occurs in Washington, D.C. Oklahoma could teach Washington a lesson or two about fiscal policy and the proper size and role of government – and so could the tax and fiscal policy reforms espoused by ALEC.

I’m all for state and local governments shrinking their workforces and learning more efficient ways to deliver government services. There is nothing sacred about the current level of the government’s labor force, especially at a time when the non-public sectors of the society are continuously seeking to deliver goods and services with fewer economic inputs. It is only fair that we ask similar efforts of the public sector.

MuniLand Snaps: April 30

Companies are able to retain state income paid by employees in a number of states, says columnist David Cay Johnston in this episode of Reuters Fast Forward. This money, withheld from employee paychecks as state income tax, is retained by companies through deals with the states. Why is this happening, and who really knows about it?

Good Links

Journal of Accountancy: Tax-advantaged investing for an uncertain economy

Reuters: Economists clash on jobs fracking to bring to New York

New American City: New York turns to wikis to encourage transparency and engagement

NJ.com: N.J. politicians preserve their own retirement packages while limiting new workers’

The non-profit tax shell game

Old cities in the Northeast often have high concentrations of non-profit, tax exempt properties such as universities, hospitals and churches. Cities generally receive the bulk of their revenues through property taxation, so for cities with high concentrations of tax exempt properties the tax base can be considerably diminished. Ryan Delaney of WRVO, a public-radio station in upstate New York, reports that Syracuse has an astonishing 56 percent of city properties exempted from property taxes. Delaney drills down into a current fight over tax exemption for a proposed development project. The fight shows how property-tax exemptions are growing and can be just a mask for private development and profit. From Innovationtrails.org:

The project includes a few steps: Cameron Group would lease a small strip of land in front of an off-campus parking garage from the university for $1. Cameron Group would then spend $20 million to construct a new building that will mostly be filled with a fitness center and bookstore, and offering some space for private retail.

The university would rent out the space for its fitness center and bookstore. At the end of the 30-year tax break, ownership of the building would be transferred to the university, and only the private retail space would be taxed.

MuniLand Snaps: April 27


The Tax Foundation brings us the tax inheritance map and notes that: “Estate taxes are levied on the estate itself prior to transfer; inheritance taxes are levied on the transfer of wealth based on the recipient’s relationship to the decedent. New Jersey and Maryland are notable for having both an estate tax and an inheritance tax.”

Good Links

Pew Research: Growing gap in favorable views of federal and state governments

CEPR: To go after public-sector workers, George Will makes it up

SmartMoney: When the municipal bond supply runs dry

Reuters: U.S. muni fund inflows nearly triple, to $459 million

Mergers and Inquisitions: How to break into public finance

Cadwalader, Wickersham & Taft: What is a swap? Maybe (almost) everything?

M Live: From Michigan to Illinois to Ohio, teacher pension problems – and changes

Florida Current: $1.8 billion publicly financed Florida turnpike project coming together

A smarter way for Congress to talk about muni tax code

Chris Mauro, head of U.S. municipal strategy at RBC Capital Markets, sent around a comment note suggesting that the media coverage of the Senate Finance Committee hearing Wednesday that included discussion of possible changes to the taxation of municipal bonds was overheated:

Yesterday, the Senate Finance Committee held a hearing entitled “Tax Reform: What It Means for State and Local Tax and Fiscal Policy”. A simple reading of the media accounts of this hearing would lead one to believe that the entire event was dedicated to a detailed discussion of the future of the tax-exempt status of municipal bond interest. So we decided to review the tape of the hearing in order to see what in fact was discussed. In reality, the vast majority of the hearing was focused on two issues – the deductibility of state and local taxes by federal taxpayers and the ability of state and local governments to collect sales taxes on internet and catalog purchases.

Both Committee Chairman Max Baucus and Ranking Member Orrin Hatch made some passing comments about tax-exempt bonds and the federally subsidized taxable Build America Bond (BABs) program, with Baucus making generally positive statements about BABs and Hatch making generally negative ones. Senator Maria Cantwell of Washington State expressed some concern about the importance of tax-exempt bond financing to public power utilities in the northwest, but beyond that, there wasn’t a whole lot of discussion about the muni tax exemption.

MuniLand Snaps: April 26


A new retail bond trading platform has been launched by tradeMonster. Welcome!

Good Links

Reuters: U.S. Senate passes legislation to strengthen U.S. Postal Service

Reuters: Senator Baucus wants more uniform muni tax breaks

Learn Bonds: Why Obama could be better than Romney for muniland

NYT: Are for-profit debt collectors operating in non-profit hospitals?

CBPP: House bill would cut Medicaid funding for Puerto Rico by about $5.5 billion through 2019

Tax Foundation: Glendale, crushed by costs of hockey team, proposes raising sales tax to highest in nation

Chicago Tribune: Illinois county judge says “Amazon-tax law” unconstitutional

Does the market trust corporate issuers more?

Darrell Preston of Bloomberg News wrote a great piece comparing the yields on trades of comparably rated corporate and municipal bonds. He highlighted that corporate bonds have a much higher risk of default than municipal bonds but have similar yields. His analysis suggests that risk is not being properly priced if in fact ratings between asset classes are comparable and that municipal issuers are paying interest rates that are too high.

Two years after Moody’s Investors Service and Fitch Ratings changed standards to put municipal credits on the same footing as corporates, California and Illinois are among states that still pay more for debt than similarly or lower-rated corporations, according to data compiled by Bloomberg. Yet Moody’s says companies default at 86 times the municipal rate.

“Taxpayers continue to get a raw deal,” said Tom Dresslar, spokesman for California Treasurer Bill Lockyer, who pressed for the rating changes. “Not much has changed.”

MuniLand Snaps: April 25

Daniel Berger of Thomson Reuters Municipal Market Data sent over this excellent chart showing how yields for 10-year A-rated hospital bonds have narrowed since last October compared with AAA general obligation bonds. Or said more simply: It’s gotten a lot less expensive to issue new bonds for hospitals. That explains why the Bond Buyer reported this today: “At least eight Midwestern health care providers are set to enter the market over the next two weeks, offering more than $1.3 billion of bonds.” Rates go down and issuers come to market. Reuters has a related story that might help explain hospitals hurrying to get new paper into the market.

Good Links

Bloomberg: Cash-rich corporations end lobbying effort for repatriation tax break

Tax Foundation: State tax collections rising in post-recession recovery

JCT: Present law and background information related to state and local government finance

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