Antonio‌ ‌Ray‌ ‌Harvey‌

Taxes on Wealthy Could Fund Reparations, Lawyers Tell Task Force

Two tax planning lawyers shared their perspectives on one of the ways to pay for the racial injustices suffered by Black Californians with the California Task Force to Study and Develop Reparations Proposals for African Americans. At the task force’s last two-day meeting held in San Diego on Jan. 27-28, the estate and tax planning attorneys Raymond “Ray” Odom and Sarah Moore-Johnson proposed several options to the nine-member task force for funding reparations through the federal tax code system — including an estate tax as a means to increase racial equity.

Published

2 years ago

March 2, 2023

Oakland Post

Tax attorneys Raymond Brown and Sarah Moore-Johnson (center, talking to a reporter) testified at the last Reparations Task Force Meeting in San Diego on Jan. 28, 2023. The attorneys said reparations could be funded through a state estate tax. Photo by Antonio Ray Harvey.

By Antonio‌ ‌Ray‌ ‌Harvey‌
California‌ ‌Black‌ ‌Media‌

At the task force’s last two-day meeting held in San Diego on Jan. 27-28, the estate and tax planning attorneys Raymond “Ray” Odom and Sarah Moore-Johnson proposed several options to the nine-member task force for funding reparations through the federal tax code system — including an estate tax as a means to increase racial equity.

The tax discussion, held about a month ago, was a lead-in to the task force’s next meeting in Sacramento focused on compensation and titled “Redressing the Harms Delineated in Report 1.”

That meeting will be held over two days, Friday, March 3 and Saturday, March 4 at the Byron Sher Auditorium at the California Environmental Protection Agency (CalEPA) headquarters, beginning at 9 a.m. both days.

Georgetown Law School tax law professor Dorothy A. Brown offers insight on how the tax code could benefit Black Americans. Photo courtesy of California Black Media.

Moore-Johnson kicked off her presentation at the San Diego meeting during a panel titled “The Forgotten 40 Acres: Repairing Wealth Disparity Using the Estate Tax and New Charitable Incentives.” She said, “the tax code has incentivized white wealth building for years,” and that she and Odom have now found a way to redistribute wealth through tax exemptions at the state level.

“For years, Ray and I intuitively understood that if we could harness those tax incentives to create a public-private partnership to help fund reparations we could get our wealthy clients to willingly enthusiastically embrace using their own money to pay for reparations,” Moore-Johnson said. “We believe that tax deductions should be allowed for private contributions to racial repair because individual taxpayers would be paying a debt of the federal or state government on the government’s behalf,” Moore-Johnson said.

Potential revenue sources, the attorneys say, could be the state estate tax, mansion tax, graduate property tax, and metaverse tax.

Johnson mentioned that the graduate property tax revenue would not apply to California because of Proposition 13, a law that restricts increases in the state tax code.

Odom and Moor-Johnson’s presentation was a condensed introduction to the wealth disparity resulting from chattel slavery and Jim Crow laws and the connection to wealth transfer and wealth taxation.

Odom, however, emphasized that their idea to use the tax code is intentional but it is not a manipulation of the federal tax system.

“I really think that it is so important to set the narrative — and that narrative isn’t around who’s getting something for nothing, but what we are going to do about this gross wealth disparity,” Odom said. “We need to solve this problem for all Americans, but especially for Black Americans.”

Odom — a Chicago estate and tax planning attorney who works at Northern Trust and conducts racial wealth disparity speaking engagements across the country — is a fellow of the American College of Trust and Estate Counsel (ACTEC). He is one of five Black tax attorneys among ACTEC’s 2,500 fellows.

Established in Los Angeles in 1949, ACTEC is a nonprofit association of lawyers and law professors skilled and experienced in the preparations of wills and trusts; estate planning; and probate procedure and management of trusts and estates of the deceased, minors and helpless.

Odom and Moore Johnson explained that the racial wealth gap started to expand in 1981 when Ronald Reagan was in office and the biggest tax cut in history took place. Odom said reparations would be an opportunity to replace “swollen wealth” with the “stolen wealth” of Black people.

Moore-Johnson, an estate planning lawyer, and a founding partner at Birchstone Moore in Washington, D.C., became president of the city’s Estate Planning Council three weeks after George Floyd was murdered in 2020. She is also an ACTEC fellow.

In March of 2021, during a national ACTEC meeting, Odom and Johnson came up with the idea of funding reparations for slavery through the estate tax. They started their research to better understand the history of slavery, post-slavery, reparations, and the wealth gap. Through their research, the duo learned that the racial wealth gap exists, partly, because of the way the federal tax code is set up.

Task force member Sen. Steven Bradford (D-Gardena) stated that the tax attorney’s recommendations provided a “clear road map” to reparations.

“All that said, I think it’s comforting, informative and powerful,” Bradford said after the tax attorneys’ presentation. “As a legislator, the takeaway is, we can afford it. This is a debt that’s owed.”

Dorothy A. Brown addressed the task force by teleconference and shared her views about reparations and the tax code. She is a tax professor at Georgetown Law and the author of the book, “The Whiteness of Wealth: How the Tax System Impoverishes Black Americans and How We Can Fix It.”

Brown’s literature goes to the core of how the complex federal tax system disadvantages the Black community and how it has helped white households secure more solid financial standing.

“Our tax laws as written have a racially disparate impact. Black Americans are less likely to gain access to their tax breaks than their white peers receive,” Brown said. “Therefore, (Black Americans) are more likely to pay higher taxes than their white peers.”

Brown told the task force that she supports a “wealth tax credit applicable to all taxpayers and households,” which would serve the majority of Black people and be available to all “regardless of race and ethnicity.”

“I want to be clear that I’m not providing tax advice or guidance for providing a possible analysis of any reparations payments,” Brown said. “I leave it to your tax council (economic experts) to make a final determination that you would rely upon moving forward.”

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Antonio‌ ‌Ray‌ ‌Harvey‌

Will Gov. Newsom’s New Film and TV Tax Credit Prioritize Diversity?

Assemblymember Mike Gipson (D-Carson), a member of the California Legislative Black Caucus (CLBC) says he supports Gov. Gavin Newsom’s proposal to expand the state’s Film and Television Tax Credit Program from its current $330 million annual budget allocation to $750 million. Gipson, who is chair of the Assembly Committee on Arts, Entertainment, Sports, and Tourism, says, historically, that tax credit has aimed to increase diversity, equity, and inclusion” as outlined in SB 132.

Published

2 months ago

November 6, 2024

Oakland Post

Asm. Mike Gipson (D-Carson). File photo.

By Antonio Ray Harvey, California Black Media

Gipson, who is chair of the Assembly Committee on Arts, Entertainment, Sports, and Tourism, says, historically, that tax credit has aimed to increase diversity, equity, and inclusion” as outlined in SB 132.

He’s counting on it to continue making diversity a priority.

“The Legislature finds and declares an overall trend toward increasing diversity based on existing research on diversity in the motion picture production and television industry,” the bill language states.

In a statement, Gipson told California Black Media (CBM) the tax credit, “would allow our state to be more competitive against states with tax incentive programs of their own, such as Georgia, New York, and New Mexico.”

“The film and television industry is iconic to California, impacting thousands of jobs for below-the-line workers on film and television crews, as well as many others working in hair and make-up, food services and transportation, costume and set design, and more,” Gipson continued.

According to the Governor’s office, the increase would uplift the state for capped film incentive programs, surpassing other states. Gipson says he agrees with Newsom’s assessment and the notion that the program would bring more business back to California.

“California is the entertainment capital of the world, rooted in decades of creativity, innovation, and unparalleled talent,” said Newsom on Oct 27 in L.A. at the unveiling of the tax credit.

Newsom’s tax credit proposal is expected to appear as a bill during the next legislative session, raising concerns about diversity, equity, and inclusion for some lawmakers and advocates.

Gipson’s CLBC colleagues Sen. Lola Smallwood-Cuevas (D-Los Angeles) and Assemblymember Tina McKinnor (D-Inglewood) led a faction of legislators who demanded answers from Hollywood last year after several Black women left high-profile executive positions in Hollywood.

A number of those Black executives who left those prominent roles were leading DEI initiatives at major entertainment companies such as Netflix, Disney, British Broadcasting Company, Warner Bros., and the Academy of Motion Pictures Arts and Sciences.

Speaking on behalf of Black, Indigenous, and People of Color (BIPOC) employed in the industry, McKinnor and Smallwood Cuevas insist on holding television and film studio executives accountable as they benefit from taxpayer support but often appear reluctant to support Diversity, Equity and Inclusion initiatives.

“I was highly offended to see the industry’s response to a $1.6 billion tax subsidy by quietly eliminating Black women from executive positions with a number of studios,” said McKinnor. “Many of these women were involved in their studios’ diversity, equity, and inclusion efforts, which raises a serious question about their commitment to diversity, equity, and inclusion in the film industry.”

The legislation for this year’s tax credit program has not been written, but Gipson’s staff has indicated that he will not introduce it – even though the issue is close to his heart.

“I applaud the work being done by the California Film Commission, the studios, and the entertainment unions, and I look forward to supporting this proposal next year as it moves through the legislative process,” Gipson said.

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Antonio‌ ‌Ray‌ ‌Harvey‌

Feds: California Will Be Home to New National Semiconductor Technology Center

California was chosen by the U.S. Department of Commerce (Commerce) and Natcast, the operator of the National Semiconductor Technology Center (NSTC) to be home to the headquarters for the National Semiconductor Technology Center – as part of the Biden-Harris Admin’s CHIPS and Science Act. The CHIPS for America Design and Collaboration Facility (DCF) will be one of three CHIPS for America research and design (R&D) facilities and will also operate as the headquarters for the NTSC and Natcast.

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2 months ago

November 6, 2024

Oakland Post

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By Antonio Ray Harvey

The CHIPS for America Design and Collaboration Facility (DCF) will be one of three CHIPS for America research and design (R&D) facilities and will also operate as the headquarters for the NTSC and Natcast.

“We are thrilled that the Department of Commerce and Natcast chose to locate this critically important facility in Sunnyvale, the heart of the Silicon Valley, alongside the world’s largest concentration of semiconductor businesses, talent, intellectual property, and investment activity,” said Dee Dee Myers, Senior Economic Advisor to Gov. Gavin Newsom and Director of the Governor’s Office of Business and Economic Development (GO-Biz). “The Newsom Administration and our partners across the industry know how important it is to shorten the timeframe from R&D to commercialization.”

According to GO-Biz, the DCF is expected to direct over $1 billion in research funding and create more than 200 employees in the next decade. The facility will serve as the center for advanced semiconductor research in chip design, electronic design automation, chip and system architecture, and hardware security. The CHF will be essential to the country’s semiconductor workforce development efforts.

As detailed in the released NSTC Strategic Plan, the DCF will suppress the obstacles to “semiconductor prototyping, experimentation,” and other R&D activities that will enhance the country’s global power and leadership in design, materials, and process innovation while enabling a vigorous domestic industr“Establishing the NSTC headquarters and design hub in California will capitalize on our state’s unparalleled assets to grow a highly skilled workforce and develop next-generation advancements,” stated U.S. Sen. Alex Padilla (D-Calif.). “This CHIPS Act funding will propel emerging technologies and protect America’s global semiconductor leadership, all while bringing good-paying jobs to our state.”

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Antonio‌ ‌Ray‌ ‌Harvey‌

Black Leaders, Political Orgs, Sound Alarm About Project 2025

With the general elections just a few days away, Black organizations and leaders, including Rep. Maxine Waters (D-CA-43), are sounding the alarm about Project 2025, the Heritage Foundation’s controversial “policy bible.” The four-pillar initiative includes a detailed blueprint for the next conservative presidential administration – making way for a sweeping overhaul of the executive branch.

Published

2 months ago

November 4, 2024

Oakland Post

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By Antonio Ray Harvey, California Black Media

With the general elections just a few days away, Black organizations and leaders, including Rep. Maxine Waters (D-CA-43), are sounding the alarm about Project 2025, the Heritage Foundation’s controversial “policy bible.”

The four-pillar initiative includes a detailed blueprint for the next conservative presidential administration – making way for a sweeping overhaul of the executive branch.

Waters has been outspoken in her opposition of the 900-page policy.

Recently, she shared “The People’s Guide to Project 2025” with the Inglewood Area Ministers Association, an organization of predominantly Black pastors, to inform them about the proposal’s impact, emphasizing that its influence would reach beyond the traditional spheres of presidential power. The 15-term politician from Los Angeles shared her sentiments with the House Financial Services Committee in July.

“Project 2025 promotes radical ideals to materially undermine the Federal Reserve, if not effectively abolish it,” Waters said.

Written by the Heritage Foundation, Project 2025 was developed with the input of a broad coalition of conservative organizations and is organized around four pillars: Policy, Personnel, Training, and the 180-Day Playbook. The proposals in the document aim to revamp every aspect of the U.S. government.

Waters is not the only person sounding the alarm about Project 2025’s agenda. Grassroot organizations in California and across the nation are preparing to combat the initiative despite who wins the election between Trump and U.S. Vice President Kamala Harris.

The National Assembly of American Slavery Descendants (NAASD), members of advocacy groups in California, and other Black political organizations across the nation are drawing up policy documents to counter the conservative Project 2025 initiative.

On Aug. 2, NAASD hosted a nationwide ZOOM conference call to discuss policies that concern Black communities.  Nocola Hemphill, the president and chief executive officer of the U.S. Black Women’s Chamber, and grassroots organizations on the call are promoting what they call, #Reparations2025.

“I just want us to think about bringing all policies (ideas) together when we think about Project 2025,” said Hemphill, who lives in South Carolina. “I am excited about the possibility of us forming our own version of Project 2025 and having it published by the November election.”

NAASD is a nonprofit association of community activists from across the country that formed around May 2019.

Los Angeles resident Khansa “Friday” Jones Muhammad is the president of NAASD.

“The National Assembly of American Slavery Descendants (NAASD) envisions a nation where African American descendants of US slavery can fully exercise their constitutional citizenship rights and have economic agency for generations,” Muhammad told California Black Media (CBM).

While forming an agenda for #Reparation2025, NAASD has created a survey to determine how systemic racism and discrimination in the United States have affected Black American lives and single out options to repair harms through public policy. Participants in the survey would help the organization shape a national blueprint.

“During this election cycle, it is imperative that national Black organizations come together for collective success,” Muhammad shared with CBM. “While the vote for President of the United States is important, we need to also focus on other active projects such as ‘Project 2025,’ Supreme Court rulings around race and more.”

Muhammad added, “NAASD’s Black experience survey allows for individuals, Black organizations, and their allies to forge a pathway to reparations by utilizing community-building and policy.”