Category: Law
Marriage markets in everything (tax arbitrage!)
Looking to marry someone with $1m+ of short-term capital gains (LA California) for tax savings (I have $1m+ in losses) and split the savings
I (unfortunately) lost a bunch of money this year with some risky gambles and have ~$1.2m of context of capital losses.
I would like to marry someone with very large ($1m+) short-term capital gains and split the difference on the tax savings.
I am proposing keeping ~40c for every $1 of capital losses I provided for myself and offering you the remainder (~10c or so, $120k context if you are at the highest tax bracket). The formal agreement can be formalized with a lawyer in relation to the marriage
Slight preference for females but open to males too (preference is just to avoid having to explain why I (straight male) married a man in the future).
Prefer if you are in the LA / Socal Area as that’s where I’m located.
That is from Reddit, via Stephen J.
Jennifer Pahlka on DOGE
An excellent piece, one of the best I have read all year. Here is the concluding paragraph:
We can wish that the government efficiency agenda were in the hands of someone else, but let’s not pretend that change was going to come from Democrats if they’d only had another term, and let’s not delude ourselves that change was ever going to happen politely, neatly, carefully. However we got here, we may now be in a Godzilla vs Kong world. Perhaps we’re about to get a natural experiment in which Elonzilla faces off with Larry ElliKong. One of the things we need to be ready to learn is that Elonzilla could lose. Or worse, since Elon and Larry are friends, the expected disruptive could get co-opted. And what would that say about the problem? Conjuring Elon is not bringing a gun to a knife fight. It was never a knife fight.
Recommended.
The Effects of Gender Integration on Men
Evidence from the U.S. military:
Do men negatively respond when women first enter an occupation? We answer this question by studying the end of one of the final explicit occupational barriers to women in the U.S.: in 2016, the U.S. military opened all positions to women, including historically male-only combat occupations. We exploit the staggered integration of women into combat units to estimate the causal effects of the introduction of female colleagues on men’s job performance, behavior, and perceptions of workplace quality, using monthly administrative personnel records and rich survey responses. We find that integrating women into previously all-male units does not negatively affect men’s performance or behavioral outcomes, including retention, promotions, demotions, separations for misconduct, criminal charges, and medical conditions. Most of our results are precise enough to rule out small, detrimental effects. However, there is a wedge between men’s perceptions and performance. The integration of women causes a negative shift in male soldiers’ perceptions of workplace quality, with the effects driven by units integrated with a woman in a position of authority. We discuss how these findings shed light on the roots of occupational segregation by gender.
That is all from
Tabarrok on Bail
I appeared on the Bail in the Midwest Podcast (Apple) to talk about crime and bail. Here is one bit:
I’ve talked about capturing these people and recapturing them and that of course is what you see on television. That’s the sexy part of it but actually a lot of what is going on, as you well know, is that the bail bondsmen understand the system much better than the the clients do. So what they’re often doing is helping their clients to navigate the system and to remind them that “you have a court date”. They call them up and send them a text, “don’t forget you have to be at court at this time in this place,” you know these these people are not necessarily putting it on their Google Calendar right? So the bail bondsmen they really perform a social service in helping people to navigate the intricacies of the criminal justice system at a time of high stress.
Spotify: https://open.spotify.com/episode/7dwB1NX43CEqNzBA2crSDp
Podcast Index: https://podcastindex.org/podcast/5314589?episode=30862010733
Should crypto receive a tax exemption?
Probably not, or so I argue in my latest Bloomberg column. Excerpt:
The most obvious argument against the proposal is simply that uniform taxation is better than selective tax exemptions. If a lower capital gains tax rate is preferable, then the goal should be to make a smaller cut that applies to all assets. Exempting a single kind of asset is likely to lead to abuses. You might think that boosting crypto is important now, but which sector or asset will be selected next for special treatment? It may be one you don’t think deserves it.
And:
Another problem is that tax exemption is probably not the best route to crypto normalization. What crypto assets and institutions require is predictable treatment, and on that score the nomination of Paul Atkins to lead the SEC is a good sign. Is a capital gains tax rate of zero even sustainable? A future Democratic president could raise the rate back to standard levels, or higher yet. The crypto industry would still be whipsawed by politics.
A tax exemption for crypto also would skew the population of crypto investors, and not necessarily in a beneficial fashion. The US economy offers a variety of options for tax-free savings, ranging from 401(k) plans to IRAs to pension funds. These vehicles make the most sense for investors who are liquid enough to put aside some money and lose immediate access to their funds.
It would be unfortunate if crypto became a preferred tax-free savings vehicle for lower-income groups. Crypto prices may well remain volatile in the future, and crypto investments are still more likely to be associated with scams and questionable business practices. This is obviously true even if you, like me, see plenty of legitimate uses for crypto assets and institutions.
And:
Another issue is one of tax arbitrage. If crypto assets truly are not taxed on their capital gains, many other investment vehicles might, over time, be repackaged in crypto form. Rather than holding some equity in a company, why not hold a crypto token backed by that same company? That is hard to do under today’s laws and regulations, but it may well become easier under a Trump administration, which seems committed to the normalization of crypto. That normalization, however beneficial it may eventually prove, should not be allowed to serve as a way to dodge taxes.
“Be careful what you wish for, you might get it…”
My excellent Conversation with Stephen Kotkin
It was so much fun we ran over and did about ninety minutes instead of the usual hour. Here is the audio, video, and transcript. Here is part of the episode summary:
Tyler sat down with Stephen to discuss the state of Russian Buddhism today, how shamanism persists in modern Siberia, whether Siberia might ever break away from Russia, what happened to the science city Akademgorodok, why Soviet obsession with cybernetics wasn’t just a mistake, what life was really like in 1980s Magnitogorsk, how modernist urban planning failed there, why Prokofiev returned to the USSR in 1936, what Stalin actually understood about artistic genius, how Stalin’s Georgian background influenced him (or not), what Michel Foucault taught him about power, why he risked his tenure case to study Japanese, how his wife’s work as a curator opened his eyes to Korean folk art, how he’s progressing on the next Stalin volume, and much more.
And here is one excerpt:
COWEN: What did you learn from Michel Foucault about power, or indeed anything else?
KOTKIN: I was very lucky. I went to Berkeley for a PhD program in 1981. I finished in 1988, and then my first job was at Princeton University in 1989. In the middle of it, I went for French history, and I switched into Habsburg history, and then finally, I switched into Russian Soviet history. I started learning the Russian alphabet my third year of the PhD program when I was supposed to take my PhD exams, so it was a radical shift.
Foucault — I met him because he came to Berkeley in the ’80s, just like Derrida came, just like Habermas came, Claude Lévi-Strauss, the anthropologist, came through. It was California. They were Europeans, and there was a wow factor for them. Foucault was also openly gay, and San Francisco’s gay culture was extraordinarily attractive to him. It was, unfortunately, the epoch of the AIDS epidemic.
One time, I was at lunch with him, and he said to me, “Wouldn’t it be amazing if somebody applied my theories to Stalinism?” I’m sitting there, okay, I’m 23 years old. Imagine if you had traveled to Switzerland in the late 19th century, and you went up in those Engadin mountains, and you were at some café in the mountain air, and there’s this guy with a huge forehead and hair up in the air sitting there, and you went and introduced yourself. You said, “Hello, I’m Tyler,” and he said, “Hello, I’m Friedrich Nietzsche.” You would say, “Well, geez, this is interesting. I should have more conversations with you.”
So, that’s the experience I had. I had read Foucault in seminar because it was very fashionable to do so, obviously, especially at Berkeley, especially in a culture that tilts one way politically, and I think you’ll guess which way that might be. But I didn’t understand what he said, so I went up to him as a naïf with this book, Madness and Civilization, which we had been forced to read, and I started asking him questions. “What does this mean? What does this mean? What is this passage? This is indecipherable.”
He patiently explained to the moron that I was what he was trying to say. It sounded much more interesting coming from him verbally, sitting just a few feet away, than it had on the page. I was lucky to become the class coordinator for his course at Berkeley. He gave these lectures about the problem of the truth-teller in Ancient Greece.
It was very far removed from . . . I had no classical training. Yes, I had Latin in high school because I went to Catholic school, and it was a required subject. I started as an altar boy with the Latin Mass, which quickly changed because of what happened at Vatican II. But no Greek, so it was completely Greek to me. Forgive me, that wasn’t planned that I was going to say that. It just happened spontaneously.
Anyway, I just kept asking him more questions and invited him to go to things, and so we would have lunches and dinners. I introduced him to this place, Little Joe’s in Little Italy, part of San Francisco, which unfortunately is no longer there. It was quite a landmark back then, and then he would repair after dinner to the bathhouses in San Francisco by himself. I was not part of that. I’m neither openly nor closeted gay, so that was a different part of Foucault that I didn’t partake in, but others did.
Anyway, I would ask him these things, and he would just explain stuff to me. I would say, “What’s happening in Poland?” This is the 1980s, and he would say things to me like, “The idea of civil society is the opiate of the intellectual class.” Everybody was completely enamored of the concept of civil society in the ’80s, especially via the Polish case, and so I would ask him to elucidate more. “What does that mean, and how does that work?”
He told me once that class in France came from disease in Paris — that it wasn’t because of who was a factory worker, who wasn’t a factory worker, but it was your neighborhoods in Paris and who died from cholera and who didn’t die from cholera. A colleague of ours who was another fellow graduate in Berkeley ended up writing a dissertation using that aside, that throwaway line.
I was able to ask him these questions about everything and anything. What he showed me — this is your question — what he showed me was how power works, not in terms of bureaucracy, not in terms of the large mechanisms of governance like a secret police, but how all of that is enforced and acted through daily life. In other words, the micro versions of power. It’s connected to the big structures, but it’s little people doing this. That’s why I said totalitarianism is using your agency to destroy your own agency.
That means denouncing your neighbors, being encouraged to denounce your neighbors for heresies, and participating in that culture of denunciation, which loosens all social trust and social bonds and puts you in a situation of dependency on the state. You’re a gung-ho activist using your agency, and the next thing you know, you have no power whatsoever. So, those are the kinds of things that I could talk to him about.
After he passed away from AIDS in the summer of 1984 — it was the AIDS epidemic, horrific. He passed away, and we had a memorial for him. I was still a PhD student, remember. I didn’t finish until ’88. There was this guy, Michel de Certeau, who wrote a tribute to Foucault in French that he was going to deliver at the event. It was called “The Laughter of Foucault.” I had these conversations with de Certeau about his analysis of Foucault and the pleasure of analytic work, which had been a hallmark of Foucault.
De Certeau taught me a phrase called “the little tactics of the habitat,” which became one of the core ideas of my dissertation and then book, Magnetic Mountain, about this micropower stuff. Even though Foucault was gone, I was able to extend the beginning of the conversations with Foucault through de Certeau.
I learned how power works in everyday life, and how the language that you use, and the practices like denunciation that you enact or partake in, help form those totalitarian structures, because the secret police are not there every minute of every day, so what’s in your head? How are you motivated? What type of behavior are you motivated for?
We say, “Okay, what would Stalin do in this situation?” Many people approach their lives — they’ve never met Stalin; they’ll never meet Stalin — but they imagine what Stalin might do. That gets implanted in their way of thinking; it becomes second nature. I learned to discuss and analyze that through Foucault.
I have to say, I didn’t share his analysis that Western society was imprisoning, that the daily life practices of free societies were a form of imprisonment in its own way. I never shared that view, so it wasn’t for me his analysis of the West that I liked. It was the analytical toolkit that I adapted from him to apply to actual totalitarianism in the Soviet case.
Excellent throughout.
Why are no trillion dollar companies being created in Europe?
That is the theme of a new Substack by Pieter Garicano, here is one excerpt:
These answers, according to a recent paper by Olivier Coste and Yann Coatanlem, two French investors, miss the point: the reason more capital doesn’t flow towards high-leverage ideas in Europe is because the price of failure is too high.
Coste estimates that, for a large enterprise, doing a significant restructuring in the US costs a company roughly two to four months of pay per worker. In France, that cost averages around 24 months of pay. In Germany, 30 months. In total, Coste and Coatanlem estimate restructuring costs are approximately ten times greater in Western Europe than in the United States…
Consider a simple example. Two large companies are considering whether to pursue a high risk innovation. The probability of success is estimated at one in five. Upon success they obtain profits of $100 million, and the investment costs $15 million.
One of the companies is in California, where if the innovation fails the restructuring costs $1 million. The other company is in Germany, where restructuring is 10x more expensive, it costs $10 million (a conservative estimate).
The expected value of this investment in California is a profit of $5 million. In Germany the expected value is a loss of $3 million.
Recommended.
China markets in everything
This is very interesting, and I think a world first: a local government in China has just sold its sky, literally. This is the government of Pingyin County, Jinan, Shandong Province who sold for 924 million yuan (approximately $130 million) a 30-year concession to operate and maintain its low-altitude economic projects to a company called Shandong Jinyu General Aviation Co., Ltd. The “low-altitude economy” is a big trend in China at the moment. XPeng, one of China’s leading EV manufacturers, recently released a low-altitude flying car for instance. Drone deliveries are becoming increasingly common in Chinese cities, and various regions are actively developing low-altitude transportation networks. Shanghai, for instance, plans to establish 400 low-altitude flight routes by 2027. But this is the first time a local government has monetized its low-altitude airspace…
Here is more from Arnaud Bertrand. Via Jesper.
Some Simple Economics of the Google Antitrust Case
The case is straightforward: Google pays firms like Apple billions of dollars to make its search engine the default. (N.B. I would rephrase this as Apple charges Google billions of dollars to make its search engine the default–a phrasing which matters if you want to understand what is really going on. But set that aside for now.) Consumers, however, can easily switch to other search engines by downloading a different browser or changing their default settings. Why don’t they? Because the minor transaction costs are not worth the effort. Moreover, if Google provides the best search experience, most users have no incentive to switch.
Consequently, any potential harm to consumers is limited to minor switching costs, and any remedies should be proportionate. Proposals such as forcing Google to divest Chrome or Android are vastly disproportionate to the alleged harm and risk being counterproductive. Google’s Android has significantly increased competition in the smartphone market, and ChromeOS has done the same for laptops. Google has invested billions in increasing competition in its complements. Google was able to make these investments because they paid off in revenue to Google Search and Google Ads. Kill the profit center and kill the incentive to invest in competition. Unintended consequences.
I argued above that consumer harm is limited to minor switching costs. The plaintiffs’ counter-argue that Google’s purchase of default-status “forecloses” competitors from achieving the scale necessary to compete effectively. This argument relies on network effects – more searches improve search quality through better data. However, this creates a paradox: on the theory of the plaintiffs, two or three firms each operating at smaller scale is worse than one operating at large scale. For the plaintiffs’ argument to hold, it must be shown that we are at the exact sweet spot where the benefits of increased competition in lowering the price of advertising outweighs the efficiency losses to consumer search quality from reduced scale. Yet, there is no evidence in the case—nor even an attempt—to demonstrate that we are at such a sweet spot.
Or perhaps the argument is that with competition we would get even better search but that argument can’t be right because the costs of switching, as noted above, are bounded by some minor transaction costs. Thus, if a competitor could offer better search, it would easily gain scale (e.g. AI search, see below).
Traditional foreclosure analysis requires showing both substantial market closure and consumer harm. Given the ease of switching and the complex relationship between scale and search quality, proving such harm becomes challenging and my read is that the plaintiffs didn’t prove harm.
In my view, the best analogy to the Google antitrust case is Coke and Pepsi battling for shelf space in the supermarket. Returning to my earlier parenthetical point, Apple is like the supermarket charging for prime shelf placement. Is this a significant concern? Not really. Eye-level placement matters to Coke and Pepsi but by construction they are competing for consumers who don’t much care which sugary, carbonated beverage they consume. For consumers who do care, the inconvenience is limited to reaching to a different shelf.
To add insult to injury, the antitrust case is happening when Google is losing advertising share and is under pressure from a new search technology, Artificial Intelligence. AI search from OpenAI, Anthropic, Meta Llama, and xAI is very well funded and making rapid progress. Somehow AI search did manage to achieve scale! As usual, the market appears more effective than the antitrust authorities at creating competition.
Addendum: Admittedly this is outside the remit of the judge, but the biggest anti-competitive activities in tech are probably government policies that slow the construction of new power generation, new power lines, new data centers, and deals between power generators and data centers. I’d prefer the government take on its own anticompetitive effects before going after extremely succesful tech companies that have clearly made consumers much better off.
Assisted dying in the UK
I would say that overall I am more suspicious of “assisted dying” policies than are many of my libertarian friends. I am fine with legalizing suicide, but I get nervous when a state — especially a less than fully competent, fiscally strapped state — enters the picture with so much influence over the proceedings. In the longer term, no matter how the legislation is initially written, what will be the incentives of that state? What will be the incentives of family members and legal guardians?
That said, I do recognize that as medical technology and life-saving techniques advance, something has to give. We can’t just keep tens of millions of people hooked up to life support for decades.
I do not have any “top down” way of resolving all of the difficult moral and practical issues here. I will simply note that the returns to federalism have risen. Different American states can try out different policies, as indeed they do, and we can see what is happening and judge accordingly.
I believe this point remains underrated. As technology advances, and the world changes more rapidly, the returns to federalism rise. We are coming off a long period when the returns to federalism were relatively low.
I am more optimistic about England than many people, but this is one of my worries. Devolution doesn’t quite do the same, but rather means that for anything England does, two other polities are likely to choose something even worse.
Debankings
For reasons you can guess at, debanking has been the topic du jour in my Twitter feed.
I will only report the following. On this last Friday, both Alex and I (coincidentally) each wanted to send money through the U.S. banking system. For each of us it was a major pain, and for no good substantive reason. I do understand why the relevant constraints are there, but at some point “justification” is no longer enough. People have to actually want to use the system. And the U.S. banking system — referring to that notion narrowly — is increasingly unattractive. It is also failing various market tests, if you look at its relative import over time.
How innovative is it? How good is it with software? How international is it in scope and potential usage? How necessary is it for lending? Can it integrate with crypto? Why does service quality at my local bank continue to decline? Relative performance is sliding, there is no other way to put it.
Yonas is in fact not a terrorist, and he did eventually get his money, after considerable frustration on my part and probably on his as well.
Ths status quo, relative to alternatives, likely will get worse as the pace of innovation increases. So rather than defend debankings, a better tack is to tell us how you will fix the problems you have created with the status quo. Debankings are simply the canary in the coal mine, no matter what percentage of them you may think are justified, or not.
John Arnold has some good tweets on the topic, start here. Here is Dennis Porter.
Massachusetts has occupational licensing for fortune tellers
Here is the link, “Prohibits fraudulently taking money by “pretended fortune telling.””
Seen referenced somewhere on Twitter.
Unauthorized Immigration and Local Government Finances
This paper examines how unauthorized immigration affects the fiscal health of local governments in the United States. Using detailed data on unauthorized immigrants’ countries of origin and arrival dates from the Syracuse TRAC database, we isolate immigration flows driven by social, economic, and political conditions in source countries. We predict local immigration patterns using a shift-share instrument based on pre-existing foreign-born population distributions. We find that the economic effects of unauthorized immigration depend crucially on local labor market conditions. In areas with structurally tight labor markets—characterized by low unemployment and low labor force participation—unauthorized immigration correlates with lower municipal bond yields. However, areas with typical labor market conditions experience higher yields. Areas with “sanctuary” status also experience higher yields when exposed to unauthorized immigration. These yield effects reflect underlying economic mechanisms: unauthorized immigration predicts loosening of labor markets in areas where they were previously tight, whereas in sanctuary areas, unemployment rates increase by more than twice as much. We find unauthorized immigration explains higher expenditures on local public amenities, including welfare assistance, construction, education, and law enforcement, but these expenditures are not offset by higher tax revenues. Overall, our results provide novel insights into the local economic effects of unauthorized immigration.
That is from a new paper by Jess Cornaggia, Kimberly Cornaggia, and Ryan D. Israelsen. Via the excellent Kevin Lewis.
Thanksgiving and the Lessons of Political Economy
It’s been a while so time to re-up my 2004 post on thanksgiving and the lessons of political economy. Here it is with no indent:
It’s one of the ironies of American history that when the Pilgrims first arrived at Plymouth rock they promptly set about creating a communist society. Of course, they were soon starving to death.
Fortunately, “after much debate of things,” Governor William Bradford ended corn collectivism, decreeing that each family should keep the corn that it produced. In one of the most insightful statements of political economy ever penned, Bradford described the results of the new and old systems.
[Ending corn collectivism] had very good success, for it made all hands very industrious, so as much more corn was planted than otherwise would have been by any means the Governor or any other could use, and saved him a great deal of trouble, and gave far better content. The women now went willingly into the field, and took their little ones with them to set corn; which before would allege weakness and inability; whom to have compelled would have been thought great tyranny and oppression.
The experience that was had in this common course and condition, tried sundry years and that amongst godly and sober men, may well evince the vanity of that conceit of Plato’s and other ancients applauded by some of later times; that the taking away of property and bringing in community into a commonwealth would make them happy and flourishing; as if they were wiser than God. For this community (so far as it was) was found to breed much confusion and discontent and retard much employment that would have been to their benefit and comfort. For the young men, that were most able and fit for labour and service, did repine that they should spend their time and strength to work for other men’s wives and children without any recompense. The strong, or man of parts, had no more in division of victuals and clothes than he that was weak and not able to do a quarter the other could; this was thought injustice. The aged and graver men to be ranked and equalized in labours and victuals, clothes, etc., with the meaner and younger sort, thought it some indignity and disrespect unto them. And for men’s wives to be commanded to do service for other men, as dressing their meat, washing their clothes, etc., they deemed it a kind of slavery, neither could many husbands well brook it. Upon the point all being to have alike, and all to do alike, they thought themselves in the like condition, and one as good as another; and so, if it did not cut off those relations that God hath set amongst men, yet it did at least much diminish and take off the mutual respects that should be preserved amongst them. And would have been worse if they had been men of another condition. Let none object this is men’s corruption, and nothing to the course itself. I answer, seeing all men have this corruption in them, God in His wisdom saw another course fitter for them.
Among Bradford’s many insights it’s amazing that he saw so clearly how collectivism failed not only as an economic system but that even among godly men “it did at least much diminish and take off the mutual respects that should be preserved amongst them.” And it shocks me to my core when he writes that to make the collectivist system work would have required “great tyranny and oppression.” Can you imagine how much pain the twentieth century could have avoided if Bradford’s insights been more widely recognized?
Environmental “Justice” Recreates Redlining
It’s been said that the radical left often ends up duplicating the policies of the radical right, just under different names and justifications, e.g. separate but equal, scientific thinking is “white” thinking and so forth. Here’s another example from Salim Furth: the re-creation of redlining. Redlining was the practice of making it more difficult to access financial products such as mortgages by grading some neighborhoods as “hazardous” for investment. Either by design or result, redlining was often associated with minority populations.
Salim shows that Massachusetts has created a modern redlining system.
In Massachusetts, the context is that MEPA (its mini-NEPA) requires projects of a certain size to go through either a moderately-expensive or a quite-expensive process. Some types of projects automatically [require] the quite-expensive Environmental Impact Review process. The #maleg passed a 2021 “Environmental Justice” law, which defined certain people – oh euphemism treadmill! – as “Environmental Justice populations.”…So any housing (or other) project that requires a permit from a state agency and is within 1 mile of a “Environmental Justice population” now automatically triggers the expensive EIR process….How expensive? I was told it can run from $150k to $1m, and take 6 to 12 months. That’s a lot of additional delay in a state where delays are already extreme.
If there’s a, uh, silver lining here, it’s that “EJ Population” is defined so capaciously that it includes super-rich areas of Lexington (32% Asian, $206k median hh income), because all “minorities” are automatically disadvantaged. So it’s much less targeted to disinvested places than the original redlining. But the downside is that it’s *extremely well targeted* to discourage investment anywhere near transit or jobs. The non-EJ places are the sprawly exurbs. So maybe they *tried* to reinvent redlining, but all they really accomplished was reinventing subsidies for sprawl and raising housing costs along the way!
…This is a good, sobering reminder that for every 1 step forward by pro-housing advocacy, the blue states can manage 2 steps backward via wokery, proceduralism and anti-market ideas…