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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.

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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.
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

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.

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.

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.”

Activism

Black Leadership Council Recognizes Assemblymembers Bonta, Jackson for Leadership and Service 

“The Black Leadership Council has been imprinted in my heart because I first met with you all when I was a first-year legislator and we talked about what we wanted for our children and our families,” Bonta said. “It’s just an incredible honor to receive this award and share this honor with my partner in this work, Dr. Corey Jackson.”

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The Black Leadership Council (BLC) Legislative Awards Luncheon took place in Sacramento on June 17. The event is a core component of the BLC's "Black in Action" Day of Advocacy. The initiative brings leaders from public and private sectors to the State Capitol to engage with policymakers and push for systemic solutions advancing Black prosperity in California. CBM photo by Antonio Ray Harvey.
The Black Leadership Council (BLC) Legislative Awards Luncheon took place in Sacramento on June 17. The event is a core component of the BLC's "Black in Action" Day of Advocacy. The initiative brings leaders from public and private sectors to the State Capitol to engage with policymakers and push for systemic solutions advancing Black prosperity in California. CBM photo by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media  

The Black Leadership Council (BLC) honored Assemblymembers Mia Bonta (D-Alameda) and Dr. Corey Jackson (D-Moreno Valley) during its annual Legislative Awards Luncheon for their leadership in advancing racial justice, economic opportunity and community investment.

Both members of the California Legislative Black Caucus (CLBC), Bonta received the Education Equity Champion Award, while Jackson was presented with the Wealth Equity Champion Award.

The luncheon was held June 17 at the Sutter Club in Sacramento following a morning of meetings between BLC members and CLBC senators, assemblymembers and Capitol staff.

“Whenever you’re in the same room and being honored alongside Oakland’s own Mia Bonta, you must be doing something right. One of the things that’s clear is that this nation needs Black leadership more than ever,” Jackson said.

Jackson was recognized for co-authoring legislation that expands economic opportunity, strengthens the social safety net and supports youth and vulnerable communities.

Bonta was honored for establishing the bipartisan California Legislative Children’s Caucus, a bicameral coalition that advocates for investments in childcare, health and education. The caucus promotes evaluating state budgets and public policy through the lens of children’s well-being.

BLC and the CLBC work together to translate community priorities into legislative action. Both lawmakers said the BLC was among the first organizations they met with after taking office.

“The Black Leadership Council has been imprinted in my heart because I first met with you all when I was a first-year legislator and we talked about what we wanted for our children and our families,” Bonta said. “It’s just an incredible honor to receive this award and share this honor with my partner in this work, Dr. Corey Jackson.”

Assemblymember LaShae Sharp-Collins (D-La Mesa) attended the luncheon to celebrate her legislative director, Jerika Edwards, who received the Next Generation Leadership Award. Sharp-Collins credited Edwards with building a distinguished record of civic engagement, public service, voting rights advocacy and social justice leadership.

Nikki A. Beasley, executive director of Richmond Neighborhood Housing Services, received the Housing Equity Champion Award. Carol F. Burton, a health care, criminal justice and behavioral health executive, received the Health Equity Champion Award. BLC member Joya Chavarin, a California-based education researcher, was presented with the Trailblazer Award.

“The Legislative Awards Luncheon offers a valuable opportunity to recognize impactful legislators, their staff, and community leaders,” said Meron Agonafer, a member of the BLC Executive Committee.

Established by PRC, formerly the Positive Resource Center, the BLC is a statewide coalition dedicated to advancing policy and systems change in education, housing, health and justice. Its overarching mission is to achieve “Black prosperity” through statewide advocacy and public policy.

“The council targets a high volume of legislation,” said Dr. Deborah Hawkes, PRC’s chief executive officer, who oversees the BLC’s statewide strategy and community initiatives.

“Freedom means opportunities. It means access to quality education, stable housing, good health, economic security, and the ability for every person to thrive,” Hawkes said. “That work requires investments, it requires leaders who are willing to speak up, organizations that are going to do the work, and partners who are willing to sustain the movement.”

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Activism

Black Caucus Bill Requiring Major Corporations in California to Disclose Links to Slavery Moves Forward

“We have a public accounting of the ways that our civic institutions have benefited from chattel slavery and built wealth in the process,” said Asm. Isaac Bryan (D-Ladera Heights), vice chair of the California Legislative Black Caucus (CLBC). “We even had cost estimates of what is true accounting for what that (wealth) would be.”

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Asm. Isaac Bryan (D-Ladera Heights), at the podium, presents Assembly Bill 2599, the Truth in Disclosure Act, before the California Senate Judiciary Committee on June 24. The committee approved the measure on an 11-1 vote. The bill would require major corporations doing business in California with more than $100 million in annual worldwide gross receipts to search their historical records and submit sworn affidavits disclosing any ties to chattel slavery. Seated on the committee are Sen. Maria Elena Durazo (D-Los Angeles), left, and California Legislative Black Caucus Chair Sen. Akilah Weber Pierson (D-San Diego). CBM photo by Antonio Ray Harvey.
Asm. Isaac Bryan (D-Ladera Heights), at the podium, presents Assembly Bill 2599, the Truth in Disclosure Act, before the California Senate Judiciary Committee on June 24. The committee approved the measure on an 11-1 vote. The bill would require major corporations doing business in California with more than $100 million in annual worldwide gross receipts to search their historical records and submit sworn affidavits disclosing any ties to chattel slavery. Seated on the committee are Sen. Maria Elena Durazo (D-Los Angeles), left, and California Legislative Black Caucus Chair Sen. Akilah Weber Pierson (D-San Diego). CBM photo by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media 

In August 2000, the California Legislature confronted a little-known chapter of American history after records uncovered in the state archives revealed that, before the Civil War, some insurance companies issued policies to slaveholders that insured enslaved people against injury, death or escape, treating human beings as property.

That same year, former state Sen. Tom Hayden (D-Los Angeles) authored Senate Bill 2199, landmark legislation requiring insurance companies doing business in California to disclose records of slaveholder insurance policies issued by them or their corporate predecessors.

More than two decades later, California lawmakers are seeking to expand that transparency.

Assembly Bill (AB) 2599, the Truth in Disclosure Act, authored by Asm. Isaac Bryan (D-Ladera Heights), builds on the disclosure framework established by SB 2199. The measure would require certain large corporations to search their historical records and submit sworn affidavits, under penalty of perjury, disclosing documented ties to chattel slavery or profits derived from slavery.

On June 23, AB 2599 passed the Senate Judiciary Committee, chaired by Sen. Tom Umberg (D-Santa Ana), on an 11-1 vote. The measure now heads to the Senate Public Safety Committee.

“We have a public accounting of the ways that our civic institutions have benefited from chattel slavery and built wealth in the process,” said Bryan, vice chair of the California Legislative Black Caucus (CLBC). “We even had cost estimates of what is true accounting for what that (wealth) would be.”

Bryan continued, “This bill is simply about disclosure. We’ve had a conversation about the private sector’s role in extracting that wealth, but this bill starts with that conversation around disclosure.”

Known as the Slavery Era Insurance Policies Act, Hayden’s SB 2199 required insurers licensed in California to examine their archives for antebellum policies covering slaveholders against the loss or death of enslaved people. The results were compiled by the California Department of Insurance.

AB 2599 would extend that transparency requirement beyond the insurance industry. It requires entities doing business in California with more than $100 million in annual worldwide gross receipts to review their records for historical involvement in slavery-related transactions.

The bill specifically identifies industries historically tied to the slave economy, including textile, tobacco, railroad, shipping, rice, sugar, financial and insurance companies.

AB 2599 is the CLBC’s sole priority bill this legislative session, according to Sen. Akilah Weber Pierson (D-San Diego), chair of the caucus and a member of the Senate Judiciary Committee.

Weber Pierson cited several financial institutions and insurance companies that have acknowledged or documented historical ties to slavery, including JPMorgan Chase, Citibank, Bank of America, Wells Fargo, New York Life, AIG and Aetna.

“This bill (AB 2599) is extremely important because it acknowledges that many disparities facing Black Americans did not happen by accident. It also talks about the fact that many of the economic opportunities that benefited major institutions did not also happen by accident — but by their participation in chattel slavery,” Weber Pierson said.

The bill’s primary co-sponsor is the Alliance for Reparations, Reconciliation and Truth. Other supporters include Black Women Organized for Political Action (BWOPA), Congregations Organized for Prophetic Engagement, the Ella Baker Center for Human Rights, Healing Justice Santa Barbara, the Black Power Network, the Inland Empire Black Worker Center, LA Voice, the League of Women Voters of California and Starting Over Inc.

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Activism

The Ladies of Delta Sigma Theta Hold Day of Advocacy at the Capitol in Sacramento

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

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Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.
Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.

By Antonio Ray Harvey, California Black Media

On May 4, members of the Farwest Region of Delta Sigma Theta Sorority, Inc., convened at the California State Capitol for the organization’s 23rd annual Delta Days in Sacramento.

The two-day advocacy event brings together chapters from across California to engage directly in the legislative process, connect with lawmakers, and advocate for policies impacting Black communities.

Members of the sorority were honored on the Senate floor by Sen. Laura Richardson (D-San Pedro), who is also a member of Delta Sigma Theta.

Richardson welcomed the Farwest Region during the presentation of a Senate resolution recognizing outgoing Regional Director Kimberly Usher for her leadership and service.

“In addition to the Far West Region, we are led by a fearless leader, regional director Kimberly Usher. She has now served her full term of what’s allowed,” Richardson said. “We are going to be having our regional conference, but we wanted to give it to her here, officially recognizing her service.”

The resolution was co-authored by Richardson and fellow members of the California Legislative Black Caucus (CLBC) and Delta Sigma Theta, Sen. Akilah Weber Pierson (D-San Diego) and Assemblymember Rhodesia Ransom (D-Stockton).

Usher has served in the leadership role since 2022.

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

“We are founded on sisterhood that is deeply rooted in scholarship, service, and social action,” said Weber Pierson, a member of the Gamma Alpha chapter of Delta Sigma Theta Sorority.

“Today, we continue a legacy of empowering communities and upholding the high cultural, intellectual, and moral standards established by our founders over a century ago,” she added.

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