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TAX REFORM ACT OF 1969

TUESDAY, SEPTEMBER 23, 1969

U.S. SENATE,
COMMITTEE ON FINANCE,
Washington, D.C.

The committee met, pursuant to recess, at 9:25 a.m., in room G-308, New Senate Office Building, Senator Russell B. Long (chairman) presiding.

Present: Senators Long, Anderson, Talmadge, Byrd, Jr., of Virginia, Williams of Delaware, Bennett, Curtis, Jordan of Idaho, Fannin, and Hansen.

The CHAIRMAN. The hearing will come to order.

This morning the Committee on Finance takes up the difficult question concerning the tax treatment of income earned on obligations of State and municipal governments. Heretofore, the Federal Government has refrained from taxing this interest income. The House tax reform bill does not attack the exemption for this interest in any direct manner. Rather, it includes State and local government bond interest in the so-called minimum income tax provision and also in the allocation of deductions provision.

In addition, there is another amendment in the House bill which would extend Federal subsidies to State governments to help them pay the higher interest costs which would be needed if they should choose to issue their bonds on a taxable basis.

In testimony before this committee on September 3, the Secretary of the Treasury recommended that this subsidy feature be deleted. He also recommended that State and municipal bond interest not be included in the minimum income tax provision.

However, he did recommend that this bond interest be continued in the allocation of deduction rules, advising the committee that the Supreme Court had already decided in litigation involving a similar allocation rule in the Life Insurance Income Tax Act of 1959 that this sort of allocation would not involve the imposition of a tax on this bond interest.

More than 250 witnesses requested to be heard on these features of the House tax reform bill. Unfortunately, time did not permit the committee to hear all of them. However, I do want to include in the record the names of many of those who felt this matter was important enough that they should seek to testify on it. This list is not complete. Many other witnesses who decided to testify on different aspects of the bill, as well, were also concerned about these provisions.

In addition, let me include in the record an enumeration of the many petitions submitted to the Senate by State, county, and local

governmental units all across the country, expressing their objection to any Federal tax on State and local bond interest.

(The list of witnesses referred to and the list of governmental units submitting petitions to the Senate follow :)

LISTING OF PERSONS REQUESTING OPPORTUNITY TO BE HEARD AT TAX REFORM HEARINGS ON THE SUBJECT OF BONDS WHO WERE NOT SCHEDULED

Bernard J. Ach, Attorney for School District 68, Friend, Nebraska

Joseph P. Adams, Port of Seattle, % Suite 242, Wyatt Building, Washington, D.C. Honorable Ernest L. Albertsen, Mayor, City of South Sioux City, Nebraska Honorable Harry P. Andersen, Mayor, City of Millard, Nebraska

Richard H. Austin, Wayne County Auditor, 1220 City County Building, Detroit, Michigan

Honorable Phil J. Bagley, Jr., Mayor of Richmond, Virginia

Gil Barrett, County Commissioner, Dougherty County, Albany, Georgia

William H. Beasley, Rankin-Beasley, Inc., Suite 220, Healey Building, Atlanta, Georgia

Bill B. Betz, Enright, Elliott and Betz, Suite 703, 606 S. Hill Street, Los Angeles, California

Herbert J. Binham, Executive Secretary, Tennessee Municipal League, Nashville, Tennessee

Honorable G. T. Blankenship, Attorney General, State of Oklahoma, Oklahoma City, Oklahoma

Johnny Bowman, Chairman, Eddy County Commissioners of New Mexico, Carlsbad, New Mexico

Henry L. Bridges, Auditor, State of North Carolina, Raleigh, North Carolina. Honorable Chauncey H. Browning, Jr., Attorney General, State of West Virginia, Charleston, West Virginia

Cecil S. Brubaker. General Counsel, Metropolitan Utilities District, 1723 Harney Street, Omaha, Nebraska

Honorable Eugene W. Buch, Mayor, City of Fremont, Fremont, Nebraska Honorable Francis B. Burch, Attorney General, State of Maryland, Annapolis, Maryland

Jack S. Burk, President, Barnard and Burk, Inc., Baton Rouge, Louisiana William Carey, Chairman, Delegation Board of Sarasota County Commissioners, Sarasota, Florida

Richard Carpenter, Executive Director and General Counsel, League of California Cities. 1108 O Street, Sacramnto, California

Stanley R. Cowle, Administrator, County of Hennepin, 136 Court House, Minneapolis, Minnesota

Robert Q. Crane, Treasurer and Receiver General, State of Massachusetts, Boston,
Massachusetts

Judge Charles E. Curry, Jackson County Court, Jackson County, Missouri
E. B. Davis, Auditor, State of Georgia, Atlanta, Georgia

Honorable Frank H. Davis, Treasurer, State of Vermont, Montpelier, Vermont
Honorable Don Deboodt, Mayor, City of Kimball, Kimball, Nebraska
Fred Denton, Jr., 114 St. Louis Street, Baton Rouge, Louisiana

Honorable John Ditter, Mayor, Grand Island, Nebraska

C. O. Donahue, Hawkins, Delafield and Wood, 67 Wall Street, New York, NY Honorable Joseph A. Doorley, Jr., Mayor, City of Providence, Providence, Rhode Island

Robert L. Ehlers, Ehlers and Associates, Inc., Municipal Finance Consultants, 507 Marquette, Minneapolis, Minnesota

Marvin Ellis, President, Board of Education, Bellevue Public School, 2009 Franklin, Bellevue, Nebraska

Joseph O. Evans, Suite 707, 1028 Connecticut Avenue, Washington, D. C.
Honorable Earl Faircloth, Attorney General, State of Florida, Tallahassee,
Florida

Houston I. Flornoy, Controller, State of California, Sacramento, California
R. D. Ford, Legal Officer, Port of Seattle, Seattle, Washington
Harold Fouts, Chairman, Board of Public Works, Nebraska City, Nebraska
Honorable William B. French, Mayor, City of Ord, Grand Island, Nebraska
Arnold E. Furlding, Auditor and Director of Budget, City of Waterbury, Water-
bury, Connecticut

5. P. Gaillard, Jr., Gaillard, Wilkins and Smith, PO Box 164, Mobile, Alabama Miss Evelyn Gandy, Treasurer and Member, Bond Commission, State of Mississippi, Jackson, Mississippi

Honorable W. F. Gettman, Mayor, City of Hastings, Hastings, Nebraska

Joseph E. Gibson, Supervisor, Albemarle County, Charlottesville, Virginia

Robert D. Gilberts, Superintendent of Schools, School District No. 1, City and
County of Denver, Colorado

William G. Berge, President of Board of Education, School District No. 1, City and County of Denver, Colorado

Edwin Gill, Treasurer, State of North Carolina, Raleigh, North Carolina
Honorable Louis L. Goldstein, Comptroller of the Treasury, State of Maryland,
Annapolis, Maryland

Cornelius W. Grafton, Attorney at Law, 310 West Liberty Street, Louisville,
Kentucky

Honorable Milton H. Graham, Mayor, City of Phoenix, Arizona

William Greene, CPA, 300 Central Park Avenue, Hartsdale, New York

Thomas P. Guerin, General Manager, Commission of Public Docks, 370 N.W. Front, Portland, Oregon

William Hackman, President, Board of Education, Gering, Nebraska

William T. Hackett, Jr., Executive Director, Louisiana State Department of Commerce and Industry, Baton Rouge, Louisiana

E. R. Hafner, Executive Secretary, Association of County Commissioners of Florida, Tallahassee, Florida

Raymond H. Hawksley, General Treasurer, State of Rhode Island, Providence,
Rhode Island

Honorable Robert M. Haworth, Mayor, City of Bellevue, Nebraska
Douglas M. Head, Attorney General, State of Minnesota, St. Paul, Minnesota
Honorable Norman E. Heine, Mayor, City of Baker, Baker, Louisiana

Lewis R. Holcomb, Executive Secretary, Washington Public Ports Association, 210 East Union Avenue, Olympia, Washington

Joseph F. Hughes, Director of Finance, Municipal Building. Edison, New Jersey Robert Hutches, Chairman, Manatee County Port Authority, Court House, Bradenton, Florida

Orvil J. Johnson, City Manager, City of West St. Paul, Minnesota

Ralph T. Keyes, Executive Secretary, Association of Minnesota Counties, St. Paul, Minnesota

Paul G. Kinkelspiel, Stone and Younger, 1314 Russ Building, San Francisco, California

David E. Hartley, Stone and Younger, 1314 Russ Building, San Francisco, California

Honorable Carl T. Langford, Mayor, City of Orlando, Florida

Gordon L. Larson, Mayor, City of Chadron, Nebraska

Honorable Arthur Levitt, Comptroller, State of New York, Albany, New York
Otto H. Loser, City Comptroller, Room 504, City Hall, Chicago, Illinois
Dean A. Lund, Assistant Executive Secretary, League of Minnesota Municipal-
ities, 314 Social Sciences Building, Minneapolis, Minnesota

A. Barry McGuire, Executive Director, Michigan Association of Counties, 319 W.
Lenawee, Lansing, Michigan

Robert B. McLeaish, Jr., County Auditor, County of Hidalgo, Edinburg, Texas
Russ Marchner, Executive Director, Dade County League of Municipality, Miami,
Florida

Honorable Crawford C. Martin, Attorney General, State of Texas, Austin
Edward J. Martin, Director of Finance, City of Philadelphia, Pennsylvania
Carlton C. Massey, County Executive, County of Fairfax, Fairfax, Virginia
George Mathews, General Counsel, Greater Baton Rouge Port Commission, Baton
Rouge, Louisiana

Carl Meissner, Cottage Grove Village Administrator, 7201 14th Avenue, Cottage
Grove, Minnesota

Honorable Floyd C. Miller, Mayor, City of Seattle, Washington

Richard E. Moore, Certified Public Accountant, 1615 Bonanza Street, Walnut Creek, California

G. A. Morrison, Commissioner of Revenue, Juneau, Alaska

Nebraska State School Boards, 1320 J Street, Lincoln, Nebraska

Hon. Gary K. Nelson, Attorney General, State of Arizona, Phoenix, Arizona
Honorable James H. Norick, Mayor, City of Oklahoma City, Oklahoma

William J. O'Brien, Auditor, State of Minnesota, St. Paul, Minnesota
Peck, Shaffer and Williams, Cincinnati, Ohio

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Fioravante G. Perrotta, New York City Finance Administrator, New York
Mario A. Procaccino, Comptroller, City of New York, New York

Donald J. Reeb, State University of New York, Graduate School of Public Af-
fairs, Sayles Hall, 179 Partridge Street, Albany, New York

James G. Richardson, Secretary, Community Affairs, State of Florida, 2200 N.W.
9 Place, Gainesville, Florida

Osee R. Fagan, City Attorney, City of Gainesville, 212 S.E. 1 Street, Gainesville,
Florida

Robert C. Riehle, President, Wainwright and Ramsey, Inc., 70 Pine Street, New
York, New York

Honorable David H. Rodgers, Mayor, City of Spokane, Washington

Jack Rogers, Executive Secretary, Washington State Association of County Commissioners, 106 Maple Park, Olympia. Washington

Marvin Rohrer, President, Arizona Supervisors and Clerks Associated, Court House, Prescott, Arizona

Fred W. Rosenfield, Phoenix, Arizona

Daniel F. Ruge, Director, Washington Office, State of New York, 1200 Eighteenth Street, N.W., Washington, D.C.

Honorable Sam Schwartzkopf, Mayor, City of Lincoln, Nebraska

Duane N. Scott, Director, Obio Municipal Advisory Council, 508 Terminal Tower, Cleveland, Ohio.

Honorable Edward Sedlock, Mayor, City of Woodhaven, 21869 West Road, Woodhaven, Michigan

Vincent M. Simko, Treasurer, City of Bridgeport, Connecticut

Herbert H. Smith, Executive Director, County Officers Association of the State of New York, 248 State Street, Albany, New York

Richard L. Stoddard, Director, Division of Investment, Trenton, New Jersey
O. N. Strobel, Deputy City Controller, City of Milwaukee, Wisconsin
Honorable James E. Sudduth, Mayor, City of Lake Charles, Louisiana

A. F. Summer, Attorney General, State of Mississippi, Jackson, Mississippi
N. Maxson Terry, Jr., Terry and Terry, 48 The Green, Dover, Delaware
James Tipton, Executive Director, Tennessee County Services Association, Nash-
ville, Tennessee

Joe E. Torrence, 308 Metro Courthouse, Nashville, Tennessee

Richard Van Hoose, Superintendent, Jefferson County Public Schools, 3332 Newburg Road, Louisville, Kentucky

Honorable Edward I. Vrzal, Mayor, City of Norfolk, Nebraska

William F. Wallace, Jr., Box 1820, 500 Vaughn Plaza, Corpus Christi, Texas
Honorable Roy L. Webber, Mayor, City of Roanoke, Virginia

Honorable Kevin HI. White, Mayor, City of Boston, Massachusetts

Robert P. Will. Legislative Representative, The Metropolitan Water District of Southern California, 1111 Sunset Boulevard, Los Angeles, Calif.

Thornley Wills. Chairman, Clay County Board of Commissioners, Clay County Court House, Moorhead, Minnesota

Hon. Leo. Winters, State Treasurer. Oklahoma City, Oklahoma

Judge L. D. Word, County Judge, Courthouse, Knoxville, Tennessee

Ralph Wulz, City Manager, 204 South Main Street, Wichita, Kansas

Albert Alfred, Chairman, Board of Brown County Commissioners, New Ulm, Minnesota

John E. Egan, President, Metropolitan Sanitary District of Greater Chicago, Chicago, Illinois

Honorable Albert P. Brewer, Governor of Alabama, Montgomery, Alabama.
Herbert W. Lehfeldt, Administrative Assistant, Office of the Governor, Juneau,
Alaska

Honorable John Dempsey, Governor of Connecticut, Hartford, Connecticut
Honorable Russell W. Peterson, Governor of Delaware, Dover, Delaware
Honorable John A. Burns, Governor of Hawaii, Honolulu, Hawaii
Honorable Donald Samuelson, Governor of Idaho, Boise, Idaho
Honorable Edgar D. Whitcomb, Governor of Indiana, Indianapolis, Indiana
Honorable Robert D. Ray, Governor of Iowa, Des Moines, Iowa
Honorable Louie B. Nunn, Governor of Kentucky, Frankfort, Kentucky
John A. Jackson, Office of the Governor of Massachusetts, Boston, Mass.
Honorable Walter Peterson, Governor of New Hampshire, Concord, N.H.
Honorable William L. Guy, Governor of North Dakota, Bismark, N.D.
Honorable Dewey F. Bartlett, Governor of Oklahoma, Oklahoma City, Okla.
Honorable Raymond P. Shafer, Governor of Pennsylvania, Harrisburg, Pa.

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