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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.”

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Activism

Asm. McKinnor Pushes Bill to Protect California Workers from High Heat, Other Climate Hazards

“Extreme heat is on the rise, with year-over-year, record-breaking temperatures that threaten the health and safety of California workers, from warehouse workers who lack adequate cooling, to janitors cleaning buildings after the air conditioning has been turned off, to line chefs cooking in unventilated kitchens,” McKinnor said at the rally.

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Asm. Tina McKinnor (D-Inglewood) stands with members of California Labor for Climate Justice (CLCJ) during a rally at the State Capitol, where she spoke about her bill, AB 694. CBM photo by Antonio Ray Harvey.
Asm. Tina McKinnor (D-Inglewood) stands with members of California Labor for Climate Justice (CLCJ) during a rally at the State Capitol, where she spoke about her bill, AB 694. CBM photo by Antonio Ray Harvey.

By Antonio‌ ‌Ray‌ ‌Harvey‌, ‌California‌ ‌Black‌ ‌Media‌

On May 6, employees from industries across the private and public sectors — including utility, domestic, janitorial, healthcare, oil and gas, and farm workers — joined educators and others in Sacramento to push lawmakers to strengthen the state’s health and safety enforcement systems.

The rally at the State Capitol was organized by a statewide coalition of 15 worker unions called California Labor for Climate Jobs (CLCJ).

Organizers say their campaign to pressure legislators and state officials to not abandon their responsibility to protect workers is urgent as climate hazards rise and federal government efforts to pull back on oversight and enforcement increase.

“Approximately 19 million workers in the state are here together to have a say in what happens next,” said Norman Rogers, vice president of United Steelworkers Local 675. “In seven of the last eight years, California has recorded record-high temperatures while workers from our state’s fields to our commercial kitchens, from our warehouses to our schools continue to work in dangerously high-heat conditions.”

Cal/OSHA provides protection and improves the health and safety of working men and women in the state. The agency also enforces public safety measures to protect passengers riding on elevators, amusement rides, tramways, and more.

According to a 2023 report by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), workplace hazards are responsible for killing approximately 140,000 workers each year, including 5,283 from traumatic injuries.

Hazardous working conditions have caused an estimated 135,000 deaths from occupational diseases. That’s about 385 workers dying each day, according to the report.

Assemblymember Tina McKinnor (D-Inglewood) spoke at the rally to discuss legislation she authored, Assembly Bill (AB) 694, which proposes a pathway to jobs for Cal/OSHA to ensure stronger public safety enforcement.

According to CLCJ, Cal/OSHA is experiencing an understaffing crisis that is evident in the agency’s 43% vacancy rate.

McKinnor, a member of the California Legislative Black Caucus (CLBC), said the bill aims to fully staff the state agency with enforcement agents who have expertise in working in California’s most dangerous work environments.

The Assembly Committee on Higher Education voted 9-0 to advance AB 694 on April 29. It is now headed to the Committee on Appropriations for consideration.

“Extreme heat is on the rise, with year-over-year, record-breaking temperatures that threaten the health and safety of California workers, from warehouse workers who lack adequate cooling, to janitors cleaning buildings after the air conditioning has been turned off, to line chefs cooking in unventilated kitchens,” McKinnor said at the rally.

McKinnor continued, “We must urgently shore up our health and safety systems, so we can enforce California heat standards and safeguard worker health.”

CLCJ released the California Worker Climate Bill of Rights last fall, urging state legislators to propose policy solutions to protect workers from climate hazards such as extreme heat, fires, smoke, and floods.

Norman Rogers, Second Vice President of United Steelworkers Local 675 in Carson, said oil refinery operations around the state pose “the most hazards.

“AB 694 seeks to recreate Cal/OSHA to hire union oil and gas workers leveraging the knowledge, health and safety training, and process safety training used daily to ensure safe, compliant refinery operations,” Rogers added.

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Activism

California Rideshare Drivers and Supporters Step Up Push to Unionize

Today in California, over 600,000 rideshare drivers want the ability to form or join unions for the sole purpose of collective bargaining or other mutual aid and protection. It’s a right, and recently at the State Capitol, a large number of people, including some rideshare drivers and others working in the gig economy, reaffirmed that they want to exercise it. 

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Shutterstock
Shutterstock

By Antonio‌ ‌Ray‌ ‌Harvey‌
California‌ ‌Black‌ ‌Media‌

On July 5, 1935, President Franklin D. Roosevelt signed into federal law the National Labor Relations Act (NLRA). Also known as the “Wagner Act,” the law paved the way for employees to have “the right to self-organization, to form, join, or assist labor organizations,” and “to bargain collectively through representatives of their own choosing, according to the legislation’s language.

Today in California, over 600,000 rideshare drivers want the ability to form or join unions for the sole purpose of collective bargaining or other mutual aid and protection. It’s a right, and recently at the State Capitol, a large number of people, including some rideshare drivers and others working in the gig economy, reaffirmed that they want to exercise it.

On April 8, the rideshare drivers held a rally with lawmakers to garner support for Assembly Bill (AB) 1340, the “Transportation Network Company Drivers (TNC) Labor Relations Act.”

Authored by Assemblymembers Buffy Wicks (D-Oakland) and Marc Berman (D-Menlo Park), AB 1340 would allow drivers to create a union and negotiate contracts with industry leaders like Uber and Lyft.

“All work has dignity, and every worker deserves a voice — especially in these uncertain times,” Wicks said at the rally. “AB 1340 empowers drivers with the choice to join a union and negotiate for better wages, benefits, and protections. When workers stand together, they are one of the most powerful forces for justice in California.”

Wicks and Berman were joined by three members of the California Legislative Black Caucus (CLBC): Assemblymembers Tina McKinnor (D-Inglewood), Sade Elhawary (D-Los Angeles), and Isaac Bryan (D-Ladera Heights).

Yvonne Wheeler, president of the Los Angeles County Federation of Labor; April Verrett, President of Service Employees International Union (SEIU); Tia Orr, Executive Director of SEIU; and a host of others participated in the demonstration on the grounds of the state capitol.

“This is not a gig. This is your life. This is your job,” Bryan said at the rally. “When we organize and fight for our collective needs, it pulls from the people who have so much that they don’t know what to do with it and puts it in the hands of people who are struggling every single day.”

Existing law, the “Protect App-Based Drivers and Services Act,” created by Proposition (Prop) 22, a ballot initiative, categorizes app-based drivers for companies such as Uber and Lyft as independent contractors.

Prop 22 was approved by voters in the November 2020 statewide general election. Since then, Prop 22 has been in court facing challenges from groups trying to overturn it.

However, last July, Prop 22 was upheld by the California Supreme Court last July.

In a 2024, statement after the ruling, Lyft stated that 80% of the rideshare drivers they surveyed acknowledged that Prop 22 “was good for them” and  “median hourly earnings of drivers on the Lyft platform in California were 22% higher in 2023 than in 2019.”

Wicks and Berman crafted AB 1340 to circumvent Prop 22.

“With AB 1340, we are putting power in the hands of hundreds of thousands of workers to raise the bar in their industry and create a model for an equitable and innovative partnership in the tech sector,” Berman said.

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Activism

Barbara Lee Accepts Victory With “Responsibility, Humility and Love”

“I accept your choice with a deep sense of responsibility, humility, and love. Oakland is a deeply divided City,” Lee said in an April 19 statement. “I answered the call to run to unite our community, so that I can represent every voter, and we can all work together as One Oakland to solve our most pressing problems.”

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Barbara Lee. File photo.
Barbara Lee. File photo.

By Antonio‌ ‌Ray‌ ‌Harvey‌,
California‌ ‌Black‌ ‌Media‌

 As a candidate for mayor, former U.S. Representative Barbara Lee released a “10-point plan” last week to reassure residents that she will tackle Oakland’s most pressing challenges.

Now that she has edged out her competitors in the ranked-choice special election with 50% or more of the vote, the former Congresswoman, who represented parts of the Bay Area in the U.S. House of Representatives, can put her vision in motion as the city’s first Black woman mayor.

“I accept your choice with a deep sense of responsibility, humility, and love. Oakland is a deeply divided City,” Lee said in an April 19 statement. “I answered the call to run to unite our community, so that I can represent every voter, and we can all work together as One Oakland to solve our most pressing problems.”

On Saturday evening, Taylor conceded to Lee. There are still about 300 Vote-by-Mail ballots left to be verified, according to county election officials. The ballots will be processed on April 21 and April 22.

“This morning, I called Congresswoman Barbara Lee to congratulate her on becoming the next Mayor of Oakland,” Taylor said in a statement.

“I pray that Mayor-Elect Lee fulfills her commitment to unify Oakland by authentically engaging the 47% of Oaklanders who voted for me and who want pragmatic, results-driven leadership.”

The influential Oakland Post endorsed Lee’s campaign, commending her leadership on the local, state, and federal levels.

Paul Cobb, The Post’s publisher, told California Black Media that Lee will bring back “respect and accountability” to the mayor’s office.

“She is going to be a collegial leader drawing on the advice of community nonprofit organizations and those who have experience in dealing with various issues,” Cobb said. “She’s going to try to do a consensus-building thing among those who know the present problems that face the city.”

Born in El Paso, Texas, Lee’s family moved to California while she was in high school. At 20 years old, Lee divorced her husband after the birth of her first child. After the split, Lee went through a tough period, becoming homeless and having to apply for public assistance to make ends meet.

But destitution did not deter the young woman.

Lee groomed herself to become an activist and advocate in Oakland and committed to standing up for the most vulnerable citizens in her community.

Lee traveled to Washington, D.C. to work for then U.S. Congressman Ron Dellums after receiving a Bachelor of Arts degree from Mills College in Oakland in 1973. Lee later won a U.S. Department of Housing and Urban Development (HUD) fellowship to attend the School of Social Welfare, and she earned a Master of Social Work from the University of California-Berkeley in 1975.

Lee later served in the California State Assembly and State Senate before she was elected to Congress in 1998.

After serving in the U.S. Congress for more than 25 years, Lee ran unsuccessfully for California’s U.S. Senate in the 2024 primary election.

Lee joins current Los Angeles mayor Karen Bass and former San Francisco Mayor London Breed as Black women serving as chief executives of major cities in California over the last few years.

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