What They Don't Tell You About Oil Industry Tax Breaks
So I was reading
this New York Times explainer
on yet another failure to take the oil industry off the sweet, sweet
gravy train. And my mind went back a bit to what’s missing from the
current discussion—the long, long history of tax breaks this powerhouse
industry has won for itself over decades.
Image Credit: (http://upload.wikimedia.org/wikipedia/en/thumb/f/fe/King_oil_boardgame.jpg/300px-King_oil_boardgame.jpg)
It’s a little scary, though,
so brace yourself.
Coming up: the history. But first, the Times:
The Senate on Tuesday blocked a Democratic proposal to
strip the five leading oil companies of tax breaks that backers of the
measure said were unfairly padding industry profits while consumers were
struggling with high gas prices.
Despite falling eight votes short of the 60 needed to move ahead with
the bill, top Democrats said they would insist that eliminating the tax
breaks to generate billions of dollars in revenue must be part of any
future agreement to raise the federal debt limit.
“We have to stand up and say, ‘Enough is enough,’ ” said Senator Al
Franken, Democrat of Minnesota. “While oil prices are gouging the
pocketbooks of American families, these companies are on a pace for a
record profit this year.”
The defeat on Tuesday was expected since most Republicans
were dug in against what they saw as a politically motivated plan in
advance of the 2012 elections. Democrats had hoped that directing the savings toward the deficit would make it harder for Republicans to reject it.
The statement above, by the New York Times reporter, is an
example of the maddening sort of thing common in the so-called
“mainstream” press as it struggles to appear “fair and balanced.” Even
Republican politicians would admit in private that they are never
opposed to anything principally because it is “politically motivated.”
Almost everything they do is politically motivated—if not for
attracting voters than for appealing to financial backers. Please name
one politically suicidal act of conscience performed by the GOP
lately—or in the last ten years.
In the 52-to-48 vote, 3 Democrats joined 45 Republicans
in opposing the bill, which was supported by the Obama administration
and fiscal watchdog groups that saw the tax help for the oil industry as wasteful. Forty-eight Democrats, two independents and two Republicans backed it.
It’s not that it is wasteful. It’s that it is welfare for the
rich—giving an unnecessary advantage to those who already have every
advantage.
As I discovered in researching the background of the rise of the Bush family for my book Family of Secrets,
so much of the unknown origins of political intrigue—from the strenuous
lobbying effort to get the freshman Congressman George H.W. Bush
appointed to the House Ways and Means Committee as a freshman, to John
F. Kennedy’s political problems, to even Watergate—could be ascribed in
part to the oil industry’s urgency for protecting tax breaks. Sometimes,
the tax breaks have been the most important part of the industry’s
profits. The most recent, defeated bill, sought to get rid of a number
of loopholes and advantages. You can learn more here.
One of the key provisions in the bill concerned the oil depletion
allowance. The allowance permits firms to recover their “capital
investment—the costs of discovering, purchasing, and developing the
well—over the period the well produces income.” The senate bill did not
propose getting rid of this highly attractive allowance, only modifying
it so that the five biggest companies could not use a formula called
“percentage depletion,” in which “total deductions could (and often do)
exceed the taxpayer’s capital investment.”
So—get this: all the Senate dems were doing in the area of the depletion allowance was trying to keep just the five biggest companies from deducting more than
their actual capital investment. They weren’t trying to get rid of this
long-controversial depletion allowance, and weren’t trying to prevent
any other oil companies from deducting more than they spent. Amazing!
And this tepid measure still didn’t pass. (Of course, there were other
provisions, including trying to block oil companies from sneakily
reclassifying royalties paid abroad as “taxes” so they could deduct them
domestically—a tax connivance on par with the depletion allowance in
its one-sided benefit for the industry and harm to the greater good.)
The sordid history of just the oil depletion allowance alone reads
like a Grisham thriller. Bad things happened to those who seriously
threatened the allowance.
You’d like some particulars, you say? Here is a really long linked
set of excerpts on the subject, collected from throughout the book:
…To head off this larger threat, it was clear to John F.
Kennedy’s political advisers that he would have to campaign in Texas,
along with Florida, in 1963. Kennedy was interested in revoking the oil depletion allowance,
a decision that would have meant steep losses for Texas oilmen, and he
continued voicing his support for civil rights, always a contentious
issue in the South.…
President Kennedy demonstrated his willingness to buck big money
during the “steel crisis” of April 1962, when he forced a price rollback
by sending FBI agents into corporate offices. But Kennedy’s
gutsiest—and arguably his most dangerous—domestic initiative was his
administration’s crusade against the oil depletion allowance,
the tax break that swelled uncounted oil fortunes. It gave oil companies
a large and automatic deduction, regardless of their actual costs, as
compensation for dwindling assets in the ground.
Robert Kennedy instructed the FBI to issue questionnaires, asking the
oil companies for specific production and sales data. “The oil
industry—in particular, the more financially vulnerable Dallas-based
independents—did not welcome this intrusion. The trade publication Oil and Gas Journal charged that RFK was setting up a “battleground [on which] business and government will collide.”
FBI director Hoover expressed his own reservations, especially about the use of his agents to gather information in the matter. Hoover’s close relationship with the oil industry was part of the oil-intelligence link
he shared with [CIA director Allen]Dulles and the CIA. Industry big
shots weren’t just sources; they were clients and friends. And Hoover’s
FBI was known for returning favors.
One of Hoover’s good friends, the ultrarich Texas oilman
Clint Murchison Sr., was among the most aggressive players in the
depletion allowance dispute. Murchison had been exposed as far
back as the early 1950s—in Luce’s Time magazine no less—as epitomizing
the absurdity of this giveaway to the rich and powerful. Another strong defender of the allowance was Democratic senator Robert Kerr
of Oklahoma, the multimillionaire owner of the Kerr-McGee oil company.
So friendly was he with his Republican colleague Prescott Bush that when
Prescott’s son, George HW Bush, was starting up his Zapata Offshore
[oil] operation, Kerr offered some of his own executives to help. Several of them even left Kerr’s company to become Bush’s top executives.
…Lyndon Johnson shared in the prevailing oil belt enmity toward Kennedy. In fact, he was the one person in the White House the oilmen trusted….After
Johnson ascended to the presidency, he and newly elected congressman
Bush were often allies on such issues as the oil depletion allowance and the war in Vietnam….[oil executive Jack] Crichton (close with Bush and head of a secretive Dallas-based, oil-connected military intelligence unit that
deeply immersed in aspects of the tragic events of November 22, 1963)
was so plugged into the Dallas power structure that one of his company
directors was Clint Murchison Sr., king of the oil depletion allowance, and another was D. Harold Byrd, owner of the Texas School Book Depository building.….
When [George HW] Bush arrived in Washington after
the 1966 elections, he was immediately positioned to help large moneyed
interests, and by so doing improve his own political fortunes. His
father, still influential, had twisted arms to get him a coveted
seat on the House Ways and Means Committee, which writes all tax
legislation. The committee was the gatekeeper against attempts to
eliminate the oil depletion allowance, and Bush’s assignment
there was no small feat. No freshman of either party had gotten on since
1904. But former senator [and investment banker] Prescott Bush had
personally called the committee chairman. Then he got GOP minority
leader Gerald Ford—a Warren Commission member and later vice president
and president—to make the request himself. It was a lot of voltage, but
the rewards were worth the effort. George HW Bush now would be a go-to
rep for the oil industry, which could provide Nixon with the Texas
financial juice he would need to win the Republican nomination in 1968….
During the Eisenhower years, the Texas oil industry really took off.
George HW Bush was now part of a “swarm of young Ivy Leaguers,” as
Fortune magazine put it, who had “descended on an isolated west Texas
oil town—Midland—and created a most unlikely outpost of the working
rich.” Central to these ambitions was continued congressional support for the oil depletion allowance,
which greatly reduced taxes on income derived from the production of
oil. The allowance was first enacted in 1913 as part of the original
income tax. At first it was a 5 percent deduction but by 1926 it had
grown to 27.5 percent. This was a time when Washington was “wading
shoulder-deep in oil,” the New Republic reported. “In the hotels, on the
streets, at the dinner tables, the sole subject of discussion is oil.
Congress has abandoned all other business.”
Following the discovery of the giant East Texas oil fields in 1931,
there was nothing Texas oilmen fought for more vigorously than their
depletion allowance. From its inception to the late 1960s, the oil
depletion allowance had cost taxpayers an estimated $140 billion in lost
revenue. Nixon, backed by Prescott Bush and his friends,
supported the allowance in 1946, while [the man he defeated and replaced
in the House, Democrat Jerry] Voorhis opposed it. Six years later, General Dwight D. Eisenhower supported the oil depletion allowance, and he got the oilmen’s blessings—and substantial contributions as well.…
In 1969, despite his earlier attempts to keep the peace among the party’s factions, new
President Nixon was soon embroiled in a series of power struggles.
Perhaps the most important concerned the oil depletion allowance,
as members of Congress in 1969 launched new attempts to rein in the
costly giveaway. Representative George H. W. Bush was the industry’s
Horatio at the bridge—or perhaps its George Wallace. “In an era
when civil rights became the great moral issue that galvanized
liberals,” observed Bush biographer Herbert S. Parmet, “the targeted oil
depletion allowance was not far behind.”
Bush had barely completed his first term in the House. But he had an urgent task. President
Nixon was under pressure to support a reduction in the depletion
allowance, and some signals were emerging from the administration that
he might do just that. Bush, joined by [Texas] Senator Tower, flew to
Nixon’s vacation home in California to help save the day. The
trip was apparently a success. Nixon affirmed his intention to block the
reform efforts. Bush later wrote Nixon’s treasury secretary, David
Kennedy, to thank him for reversing an earlier statement hinting that
the White House might cave in to popular pressure for reform, adding: “I was also appreciative of your telling how I bled and died for the oil industry.”
The moment passed, but protecting the allowance remained
uppermost in the minds of independent oilmen—and Nixon was not proving
sufficiently stalwart on the matter. The White House sent political operative Jack Gleason out to West Texas to calm flaring tempers. “[Nixon aide] Harry Dent sent me down to Midland, to the Midland Petroleum Club, to talk to them about the depletion allowance,”
Gleason told me in a 2008 interview. Gleason had trouble understanding
the complex issue, so he was not clear on precisely what the oilmen were
mad about. “Almost got lynched and run out of town . .
. It was a very ugly scene. Fortunately one guy . . . saved my ass, or
otherwise I’d still be buried somewhere at the Petroleum Club.”…
There would be growing anger in the Pentagon about Nixon and
Kissinger’s secret attempts to secure agreements with China and the
Soviet Union without consulting the military. And there were the
oilmen, who found Nixon wasn’t solid enough on their most basic
concerns, such as the oil depletion allowance and oil import quotas….the
oil barons were up in arms over threats to the oil depletion allowance,
convinced that Nixon was not solidly enough in their corner. But they
had other gripes.
As [Nixon aide H.R.] Haldeman noted in a diary entry in December 1969: “Big problem persists on oil import quotas. Have to make some decision, and can’t win. If
we do what we should, and what the task force recommends, we’d
apparently end up losing at least a couple of senate seats, including
George Bush in Texas. Trying to figure out a way to duck the whole thing and shift it to Congress.” …
It turns out that in March 1974, as the effort to oust Nixon continued to mount, Congress and the Nixon administration were making things very uncomfortable for the Bush crowd. There were news reports that federal officials and members of Congress were looking into possible antitrust violations by people who sat simultaneously on multiple oil company boards. In a December 1973 letter responding to members of Congress, an assistant attorney general had confirmed that the Nixon Justice Department was looking at these so-called interlocking directorates.
Most striking about the long list of violators is this: a significant majority of them had been friends of, fund- raisers for, or major donors to George HW Bush. Many had also been employers or sponsors of George de Mohrenschildt [the oilman-spook and longtime friend of HW Bush who served as a kind of mentor to Lee Harvey Oswald.] The list included the son of oil depletion king Clint Murchison Sr.; Admiral Arleigh Burke Jr., who had allied himself with Allen Dulles in post–Bay of Pigs
inquiries into the disaster and criticized Kennedy’s handling of the
invasion; [Texas military contracting king] George Brown of Brown and
Root, backer of LBJ and George HW Bush and employer of Oswald/Bush friend George de Mohrenschildt; Dean McGee, former business partner of the late oil depletion backer
Senator Robert Kerr; Toddie Lee Wynne, whose family provided lodging to
Marina Oswald after Kennedy’s assassination; oil-military intelligence
man Jack Crichton; and Neil Mallon, George HW Bush’s well- connected
“uncle,” who ran the Bush family’s oil services firm Dresser Industries
(later merged with Halliburton and Brown and Root.]
Who had been investigating these men? Nixon’s Justice
Department. It was almost a perfect echo of what was going on in JFK’s
final year in office—and in life. Jack Kennedy had been fighting with
the same group of independent oilmen over the oil depletion allowance,
and Bobby Kennedy’s Justice Department had sent grudging FBI agents into
oil company offices to examine their books. Nixon and his old nemesis
JFK had both angered the same people, and both had been removed from the
presidency….
Robert G. Stone, who ran Harvard University’s board
of overseers in the late 80s when it pumped massive investments into the
obscure oil company Harken Energy at the time the firm was employing young George W. Bush and bolstering his political and financial fortunes,
was a board member and sometime chairman of a whole range of companies
involved with international shipping, the use of inland barges to move oil, and oil exploration.
At one point he controlled one of the world’s largest cargo fleets. And
he was intimately associated with a small circle of highly politicized
oilmen whose names have appeared in previous chapters. He served as chairman of the board of the Houston-based Kirby Corporation, a shipping and oil concern substantially controlled by the family of the oil depletion allowance king, Clint Murchison.
How is that for a thumbnail on why the Senate can’t resist the oil industry? Back to the New York Times and the recent, failed effort to cut oil tax breaks:
Energy-state Democrats criticized the initiative, saying it was misdirected and would do nothing to ease gasoline prices and could cost American jobs.
“Why are we harming an industry — five large oil and gas companies
that work internationally, that employ 9.2 million people in the United
States directly?” asked Senator Mary L. Landrieu, Democrat of Louisiana. “Why are we doing it?”
Republicans, who on Wednesday will push their own plan to
open more areas to oil drilling and speed government permits, said the
Democratic proposal would contribute to higher prices and increase
dependence on foreign oil even though a recent Congressional Research
Service report predicted any impact on prices would be negligible.
The above paragraph is a rare Times effort to directly challenge a dubious statement…
…on Tuesday, Senate Democrats wrote to the Federal Trade
Commission seeking an inquiry into whether domestic oil refiners had
reduced production to drive down the gasoline supply and drive up
prices. “This is just another piece of the puzzle that we need to get at
as we try to take away taxpayer subsidies to Big Oil and hold Big Oil accountable for
whatever may be going on in the supply chain that is hurting the
families that I work for,” said Senator Claire McCaskill, Democrat of
Missouri.
One wonders if Senator McCaskill really thinks she can hold Big Oil
“accountable”—or whether she and her colleagues even understand the
background to the current battle.
Members of Congress are so overwhelmed dealing with the here-and-now,
the frenetic pace of legislating, raising money and courting voters,
that they’re often the last people in the room to have a good grounding
in the history that shapes—and often dooms—their efforts.