Deficit Reduction Committee Gets to Work

More On Legal & Compliance

from The Advisor's Professional Library
  • Suitability and Fiduciary Duty Recommending suitable investments is more than just a regulatory obligation.  Many investors bring cases claiming lack of suitability, so RIAs must continuously put the onus on clients to notify the advisor of changes in their financial situation.  
  • Registration Requirements for Investment Advisor Representatives (IARs) When individuals launch an advisory firm, they must avoid marketing themselves or the firm as investment advisors before they are properly approved and registered.  Otherwise, they are subject to severe penalties.  

Congress’ solution to the debt limit crisis and rising deficits is fully operational, but many are left wondering whether the bipartisan Joint Select Committee on Deficit Reduction is capable of fulfilling its mandate when Congress as a whole couldn’t make the hard decisions that were necessary for a long-term solution.

And the Deficit Reduction Committee is even more susceptible to deadlock than the full Congress since the committee is populated by six Republicans and six Democrats. The committee was the end result of months of negotiations between Democrats and Republicans during the debt limit debates. The resulting compromise included $917 billion in discretionary spending cuts over 10 years. The committee must come up with another $1.2 trillion to $1.5 trillion in cuts.

The committee must pass a deficit reduction plan by a simple majority vote (seven out of 12). The plan will then go to Congress for a vote. If the committee fails to reach a compromise proposal or Congress does not adopt the committee's proposals, a series of sharp automatic cuts will kick in, slashing budgets across the entire federal government, including at the Defense Department.

The committee can fulfill its deficit reduction mandate by cutting spending, but tax increases have not been taken off the table.

House and Senate leaders made standard partisan picks for the committee. Senate majority leader Harry Reid, D-Nev., appointed three Democratic senators to sit on the committee, including Senate Democratic Conference Secretary Patty Murray, D-Wash.; Senate Finance Committee Chairman Max Baucus, D-Mont.; and Senate Foreign Relations Committee Chairman John Kerry, D-Mass.

Speaker John Boehner, R-Ohio, also had three picks; he chose Rep. Jeb Hensarling, R-Texas; and Michigan Reps. David Camp and Fred Upton. Senate Minority Leader Mitch McConnell, R-Ky., chose Sens. Jon Kyl, R-Ariz.; Pat Toomey, R-Pa.; and Rob Portman, R-Ohio. House Minority Leader Nancy Pelosi, D-Calif., named Reps. Jim Clyburn, D-S.C.; Chris Van Hollen, D-Md.; and Xavier Becerra, D-Calif., to the committee.

Despite Republican resistance to compromise on tax increases, Boehner sounds confident about the committee’s prospects for agreement, saying that the “debt and deficits are a threat to our economy, and America cannot achieve long-term job growth until we take action to address this crisis … a serious, bipartisan committee of lawmakers will begin the hard but necessary work of making the tough choices needed to rein in mandatory and entitlement spending, which are the drivers of our debt."

But some commentators are questioning the impartiality of committee members who they believe are beholden to the outside interests. USA Today is reporting that the 12 members of the committee have received an aggregate $65 million from PACs. The top donors were lawyers and law firms, which contributed $31.5 million. Another $11.2 million was donated by the securities and investment industry. Other top donors include health professionals, real estate industry, and liberal/Democratic donor organizations.

Despite concerns about the motivations of committee members, Reed says he believes it can forge a mutually agreeable (or disagreeable) compromise. "The Joint Select Committee has been charged with forging the balanced, bipartisan approach to deficit reduction that the American people, the markets and rating agencies like Standard & Poor's are demanding."

For additional coverage of this issue and similar ones, we invite you to sign up with AdvisorOne’s partner, AdvisorFX, for a free trial.

See also The Law Professor's blog at AdvisorFYI.

About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

Comments

Advertisement. Closing in 15 seconds.