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	<title>Comments on: California Withholding Tax Hike &#8211; Can Someone Explain the Legal Basis to Me?</title>
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	<description>Commentary on law, public policy, and more</description>
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		<title>By: Corina Pellet</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-2/#comment-935185</link>
		<dc:creator>Corina Pellet</dc:creator>
		<pubDate>Sun, 05 Sep 2010 02:15:44 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-935185</guid>
		<description>I found your blog in the &quot;Related Blogs&quot; section of another blog.  You write excellent content.  I have your blog bookmarked so I&#039;ll definitely come back later.  Keep up the great work!</description>
		<content:encoded><![CDATA[<p>I found your blog in the &#8220;Related Blogs&#8221; section of another blog.  You write excellent content.  I have your blog bookmarked so I&#8217;ll definitely come back later.  Keep up the great work!</p>
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		<title>By: weight loss</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-2/#comment-810729</link>
		<dc:creator>weight loss</dc:creator>
		<pubDate>Mon, 26 Apr 2010 07:43:38 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-810729</guid>
		<description>Thanks very much for doing that information! I figured, as public documents, those should be available somewhere, but I had no idea where to start. And yeah, FoL would be my guess as the one that might be affected, since I know they’ve gone through several leadership changes.</description>
		<content:encoded><![CDATA[<p>Thanks very much for doing that information! I figured, as public documents, those should be available somewhere, but I had no idea where to start. And yeah, FoL would be my guess as the one that might be affected, since I know they’ve gone through several leadership changes.</p>
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		<title>By: Lech</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-2/#comment-698179</link>
		<dc:creator>Lech</dc:creator>
		<pubDate>Tue, 01 Dec 2009 20:17:04 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-698179</guid>
		<description>I imagine that the expenditure savings that Prop 187 would have resulted-in---over the last 15 years---is starting to look pretty good about now.</description>
		<content:encoded><![CDATA[<p>I imagine that the expenditure savings that Prop 187 would have resulted-in&#8212;over the last 15 years&#8212;is starting to look pretty good about now.</p>
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		<title>By: So Overwhelmed</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-2/#comment-697616</link>
		<dc:creator>So Overwhelmed</dc:creator>
		<pubDate>Tue, 01 Dec 2009 02:54:02 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-697616</guid>
		<description>How long will this last?  Indefinitely?  Did they put a time limit on this bill?</description>
		<content:encoded><![CDATA[<p>How long will this last?  Indefinitely?  Did they put a time limit on this bill?</p>
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		<title>By: J. Harras</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-2/#comment-687829</link>
		<dc:creator>J. Harras</dc:creator>
		<pubDate>Sun, 15 Nov 2009 02:40:07 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-687829</guid>
		<description>If a yearly tax for an income is paid by Sept. of the year, is that person going to pay taxs till the end of that year?</description>
		<content:encoded><![CDATA[<p>If a yearly tax for an income is paid by Sept. of the year, is that person going to pay taxs till the end of that year?</p>
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		<title>By: Sacramento Shakedown: your paycheck just got 10 percent lighter</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-687782</link>
		<dc:creator>Sacramento Shakedown: your paycheck just got 10 percent lighter</dc:creator>
		<pubDate>Sun, 15 Nov 2009 01:11:11 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-687782</guid>
		<description>[...] Is this sort of thing legal? Yes. The California legislature and the governor realized raising taxes wasn&#8217;t the way to go, so they found a dodge: shifting and acceleration. In other words, they changed the withholding tables, not the tax.  [...]</description>
		<content:encoded><![CDATA[<p>[...] Is this sort of thing legal? Yes. The California legislature and the governor realized raising taxes wasn&#8217;t the way to go, so they found a dodge: shifting and acceleration. In other words, they changed the withholding tables, not the tax.  [...]</p>
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		<title>By: mark</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-685503</link>
		<dc:creator>mark</dc:creator>
		<pubDate>Tue, 10 Nov 2009 02:11:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-685503</guid>
		<description>And in CA do i face a penalty if i simply change state withholding from 2 exemptions to 3?</description>
		<content:encoded><![CDATA[<p>And in CA do i face a penalty if i simply change state withholding from 2 exemptions to 3?</p>
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		<title>By: Beth</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-685500</link>
		<dc:creator>Beth</dc:creator>
		<pubDate>Tue, 10 Nov 2009 02:07:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-685500</guid>
		<description>For those in AZ you could increase your Federal and state withholding exceptions and file a quarterly estimated tax to bring your Federal withholding + estimated to the correct level.  You can avoid federal penalties on under-withholding if you make sure that each quarter your withholding plus estimated is at least 25% of your last year&#039;s taxes.</description>
		<content:encoded><![CDATA[<p>For those in AZ you could increase your Federal and state withholding exceptions and file a quarterly estimated tax to bring your Federal withholding + estimated to the correct level.  You can avoid federal penalties on under-withholding if you make sure that each quarter your withholding plus estimated is at least 25% of your last year&#8217;s taxes.</p>
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		<title>By: Mark</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-685438</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Tue, 10 Nov 2009 00:18:46 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-685438</guid>
		<description>Hello knowledgeable folks -- 

Do I risk any penalty for increasing my exemptions?  Currently i have 2 exemptions on my W-4 and would like to add a third for CA state taxes.

I would rather slightly underpay my taxes and send the state a check in April.  

thanks,
Mark</description>
		<content:encoded><![CDATA[<p>Hello knowledgeable folks &#8212; </p>
<p>Do I risk any penalty for increasing my exemptions?  Currently i have 2 exemptions on my W-4 and would like to add a third for CA state taxes.</p>
<p>I would rather slightly underpay my taxes and send the state a check in April.  </p>
<p>thanks,<br />
Mark</p>
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		<title>By: James in MA</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-685194</link>
		<dc:creator>James in MA</dc:creator>
		<pubDate>Mon, 09 Nov 2009 15:18:14 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-685194</guid>
		<description>Arizona did the same thing, but with an added twist. In AZ state tax withholdings are a percentage of federal tax withholdings and you cannot control the number of state exemptions separately. So you cannot cut back on the state&#039;s take without screwing up your federal tax bill.</description>
		<content:encoded><![CDATA[<p>Arizona did the same thing, but with an added twist. In AZ state tax withholdings are a percentage of federal tax withholdings and you cannot control the number of state exemptions separately. So you cannot cut back on the state&#8217;s take without screwing up your federal tax bill.</p>
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		<title>By: NickM</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684989</link>
		<dc:creator>NickM</dc:creator>
		<pubDate>Mon, 09 Nov 2009 00:29:38 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684989</guid>
		<description>&lt;blockquote cite=&quot;comment-684708&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-684708&quot; rel=&quot;nofollow&quot;&gt;Monte Meals&lt;/a&gt;&lt;/strong&gt;: Are there any guarantees that an April 15 tax refund will be paid in US dollars as opposed to California IOUs?
&lt;/blockquote&gt;

Yes.  Those guarantees are written on the back of this past year&#039;s Califonia IOUs.

Nick</description>
		<content:encoded><![CDATA[<blockquote cite="comment-684708">
<p><strong><a href="#comment-684708" rel="nofollow">Monte Meals</a></strong>: Are there any guarantees that an April 15 tax refund will be paid in US dollars as opposed to California IOUs?
</p></blockquote>
<p>Yes.  Those guarantees are written on the back of this past year&#8217;s Califonia IOUs.</p>
<p>Nick</p>
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		<title>By: geokstr</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684986</link>
		<dc:creator>geokstr</dc:creator>
		<pubDate>Sun, 08 Nov 2009 23:57:33 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684986</guid>
		<description>&lt;blockquote cite=&quot;comment-684696&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-684696&quot; rel=&quot;nofollow&quot;&gt;Struthius&lt;/a&gt;&lt;/strong&gt;: Struthius says:
FSM? Federated States of Micronesia? Film Score Monthly? Flying Spaghetti Monster? Free Speech Movement?
There probably are few Californians in Micronesia, so I’m betting that’s it.
&lt;/blockquote&gt;
Flying Spaghetti Monster, since as an atheist I cannot thank god.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-684696">
<p><strong><a href="#comment-684696" rel="nofollow">Struthius</a></strong>: Struthius says:<br />
FSM? Federated States of Micronesia? Film Score Monthly? Flying Spaghetti Monster? Free Speech Movement?<br />
There probably are few Californians in Micronesia, so I’m betting that’s it.
</p></blockquote>
<p>Flying Spaghetti Monster, since as an atheist I cannot thank god.</p>
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		<title>By: bystander</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684983</link>
		<dc:creator>bystander</dc:creator>
		<pubDate>Sun, 08 Nov 2009 23:43:05 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684983</guid>
		<description>&lt;blockquote cite=&quot;comment-684979&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-684979&quot; rel=&quot;nofollow&quot;&gt;great unknown&lt;/a&gt;&lt;/strong&gt;: bystander:It is an article of faith of the left that most if not all successful people owe their success to the State.And owe, and owe, and&#160;owe...

&lt;/blockquote&gt;

Haha, I had not considered that. As a not-yet-successful Californian, I wish Dr. Bowman luck and encourage other professional Californians to do the same. My own exit is approaching (after taking advantage of public K-12 and a public university), and I look forward to the day that I can be called a &quot;free-rider&quot; as well. 

I adjusted my withholding on the advise of a professor and I hope many other tax payers do the same. It isn&#039;t necessarily the interest-free loan that bothers me, but rather the fact that they have the audacity to ask for more after being wasteful (in my opinion) with what they have already collected.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-684979">
<p><strong><a href="#comment-684979" rel="nofollow">great unknown</a></strong>: bystander:It is an article of faith of the left that most if not all successful people owe their success to the State.And owe, and owe, and&nbsp;owe&#8230;</p>
</blockquote>
<p>Haha, I had not considered that. As a not-yet-successful Californian, I wish Dr. Bowman luck and encourage other professional Californians to do the same. My own exit is approaching (after taking advantage of public K-12 and a public university), and I look forward to the day that I can be called a &#8220;free-rider&#8221; as well. </p>
<p>I adjusted my withholding on the advise of a professor and I hope many other tax payers do the same. It isn&#8217;t necessarily the interest-free loan that bothers me, but rather the fact that they have the audacity to ask for more after being wasteful (in my opinion) with what they have already collected.</p>
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		<title>By: great unknown</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684979</link>
		<dc:creator>great unknown</dc:creator>
		<pubDate>Sun, 08 Nov 2009 23:22:39 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684979</guid>
		<description>bystander:

It is an article of faith of the left that most if not all successful people owe their success to the State.  And owe, and owe, and owe...</description>
		<content:encoded><![CDATA[<p>bystander:</p>
<p>It is an article of faith of the left that most if not all successful people owe their success to the State.  And owe, and owe, and owe&#8230;</p>
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		<title>By: bystander</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684931</link>
		<dc:creator>bystander</dc:creator>
		<pubDate>Sun, 08 Nov 2009 21:00:39 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684931</guid>
		<description>&lt;blockquote cite=&quot;comment-684882&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-684882&quot; rel=&quot;nofollow&quot;&gt;gab&lt;/a&gt;&lt;/strong&gt;:And I’m sure Dr Bowman, who most likely benefitted quite handsomely by freeriding on the Calif taxpayer can speak for himself.

&lt;/blockquote&gt;

Gab, Dr. Bowman&#039;s post stated that he was born and raised in California. I am sure that his parents paid taxes, so I hardly think he was a freerider. Do you expect him to remain in California for the rest of his life to repay the state?</description>
		<content:encoded><![CDATA[<blockquote cite="comment-684882">
<p><strong><a href="#comment-684882" rel="nofollow">gab</a></strong>:And I’m sure Dr Bowman, who most likely benefitted quite handsomely by freeriding on the Calif taxpayer can speak for himself.</p>
</blockquote>
<p>Gab, Dr. Bowman&#8217;s post stated that he was born and raised in California. I am sure that his parents paid taxes, so I hardly think he was a freerider. Do you expect him to remain in California for the rest of his life to repay the state?</p>
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		<title>By: Oren</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684925</link>
		<dc:creator>Oren</dc:creator>
		<pubDate>Sun, 08 Nov 2009 20:50:26 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684925</guid>
		<description>John, the 16A has nothing to do with it. California, as a sovereign, has the power to tax income subject to the usual due process and equal protection limitations that apply to all their other actions.</description>
		<content:encoded><![CDATA[<p>John, the 16A has nothing to do with it. California, as a sovereign, has the power to tax income subject to the usual due process and equal protection limitations that apply to all their other actions.</p>
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		<title>By: gab</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684882</link>
		<dc:creator>gab</dc:creator>
		<pubDate>Sun, 08 Nov 2009 18:26:23 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684882</guid>
		<description>We&#039;re talking about a 10% increase in withholding - for 99.9% of the population that amounts to a few dollars a paycheck.  Nobody is going to have to borrow money to cover the cashflow shortfall and if that&#039;s a problem, just adjust your withholding.  I stand by my orig assertion.

And I&#039;m sure Dr Bowman, who most likely benefitted quite handsomely by freeriding on the Calif taxpayer can speak for himself.</description>
		<content:encoded><![CDATA[<p>We&#8217;re talking about a 10% increase in withholding &#8211; for 99.9% of the population that amounts to a few dollars a paycheck.  Nobody is going to have to borrow money to cover the cashflow shortfall and if that&#8217;s a problem, just adjust your withholding.  I stand by my orig assertion.</p>
<p>And I&#8217;m sure Dr Bowman, who most likely benefitted quite handsomely by freeriding on the Calif taxpayer can speak for himself.</p>
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		<title>By: John Lee</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684881</link>
		<dc:creator>John Lee</dc:creator>
		<pubDate>Sun, 08 Nov 2009 18:14:26 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684881</guid>
		<description>Maybe this is a stupid question (I skipped all of the tax classes in law school) but is there a reason that the non-payment of interest on either overly withheld taxes or California IOUs doesn&#039;t violate the takings clause? Or is this just an extension of the 16th A that permits the government to withhold in excess and get this interest-free loan?</description>
		<content:encoded><![CDATA[<p>Maybe this is a stupid question (I skipped all of the tax classes in law school) but is there a reason that the non-payment of interest on either overly withheld taxes or California IOUs doesn&#8217;t violate the takings clause? Or is this just an extension of the 16th A that permits the government to withhold in excess and get this interest-free loan?</p>
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		<title>By: Beth</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684867</link>
		<dc:creator>Beth</dc:creator>
		<pubDate>Sun, 08 Nov 2009 17:22:47 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684867</guid>
		<description>With your federal return, it is possible to designate your refund as an estimated payment on the following year&#039;s taxes in lieu of a check.  Does any Calif. tax expert know if the state allows this maneuver?  

Folks who are anticipating return IOUs could at least let the state give themselves an IOU while significantly reducing their own withholding and estimated tax payments in 2010.</description>
		<content:encoded><![CDATA[<p>With your federal return, it is possible to designate your refund as an estimated payment on the following year&#8217;s taxes in lieu of a check.  Does any Calif. tax expert know if the state allows this maneuver?  </p>
<p>Folks who are anticipating return IOUs could at least let the state give themselves an IOU while significantly reducing their own withholding and estimated tax payments in 2010.</p>
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		<title>By: Davidwhitewolf</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684859</link>
		<dc:creator>Davidwhitewolf</dc:creator>
		<pubDate>Sun, 08 Nov 2009 16:47:55 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684859</guid>
		<description>We have a small California business with roughly forty employees. I and one other executive were the only ones to file revised withholding forms with our payroll department in response to this statute. So I suspect that the legislature&#039;s right in assuming most Californians will be too stupid/lazy to revise their number of exemptions.

As an aside, although some employers may not provide the W-4/CA-4 to the IRS, many do. If yours is one of them, the old saw is to claim no more than 9 exemptions -- 10 or more was said to be the magic number to trigger an audit. Of course, 9 is a hell of lot better than, say, 2, which is what my wife and I had claimed before. 

My California tax refund this year was in the form of an IOU, and I&#039;m expecting the same will happen in 2010. So at least I&#039;ll have increased cash-flow in the meantime to make up for it.</description>
		<content:encoded><![CDATA[<p>We have a small California business with roughly forty employees. I and one other executive were the only ones to file revised withholding forms with our payroll department in response to this statute. So I suspect that the legislature&#8217;s right in assuming most Californians will be too stupid/lazy to revise their number of exemptions.</p>
<p>As an aside, although some employers may not provide the W-4/CA-4 to the IRS, many do. If yours is one of them, the old saw is to claim no more than 9 exemptions &#8212; 10 or more was said to be the magic number to trigger an audit. Of course, 9 is a hell of lot better than, say, 2, which is what my wife and I had claimed before. </p>
<p>My California tax refund this year was in the form of an IOU, and I&#8217;m expecting the same will happen in 2010. So at least I&#8217;ll have increased cash-flow in the meantime to make up for it.</p>
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		<title>By: great unknown</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684851</link>
		<dc:creator>great unknown</dc:creator>
		<pubDate>Sun, 08 Nov 2009 16:28:52 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684851</guid>
		<description>re Oren:
&lt;blockquote&gt;It depresses me to acknowledge, but the experiences here are a lesson in the folly of public choice — when given the power to broadly set policy, Californians made policy that spends more than they are willing to pay. I still have no doubt that The People deserve to make a choice, but someone has to map that choice onto a realizable policy. &lt;/blockquote&gt;

a) This argument echoes the one that says we&#039;ll have to reduce essential services first.  Has anyone actually done an analysis of how much money is spent on mandated and generally-accepted-as-necessary programs vs how much is spent on makework, pork, and illegal immigrants ?

b) How much money in necessary and mandated programs is spent on union- and politician-driven featherbedding? Pensions? Or outright fraud [which might be a redundancy]? 

c) How much prison/police/prosecutorial/judicial expenses [including number of personnel needed] go down the rat-hole of the war on drugs?  At the very least, how much money would be saved by fully legalizing marijuana and granting retroactive pardons to those already convicted of marijuana-related crimes? 

Until I see evidence to the contrary, my personal opinion remains that significant amounts of the California budget go to items like a half-dozen redundant administrators telling a worker playing computer games at his desk to prepare a list of firefighters to lay off to reduce the budget, then give said worker a raise so that he can retire with a pension of 110% of his average salary.</description>
		<content:encoded><![CDATA[<p>re Oren:</p>
<blockquote><p>It depresses me to acknowledge, but the experiences here are a lesson in the folly of public choice — when given the power to broadly set policy, Californians made policy that spends more than they are willing to pay. I still have no doubt that The People deserve to make a choice, but someone has to map that choice onto a realizable policy. </p></blockquote>
<p>a) This argument echoes the one that says we&#8217;ll have to reduce essential services first.  Has anyone actually done an analysis of how much money is spent on mandated and generally-accepted-as-necessary programs vs how much is spent on makework, pork, and illegal immigrants ?</p>
<p>b) How much money in necessary and mandated programs is spent on union- and politician-driven featherbedding? Pensions? Or outright fraud [which might be a redundancy]? </p>
<p>c) How much prison/police/prosecutorial/judicial expenses [including number of personnel needed] go down the rat-hole of the war on drugs?  At the very least, how much money would be saved by fully legalizing marijuana and granting retroactive pardons to those already convicted of marijuana-related crimes? </p>
<p>Until I see evidence to the contrary, my personal opinion remains that significant amounts of the California budget go to items like a half-dozen redundant administrators telling a worker playing computer games at his desk to prepare a list of firefighters to lay off to reduce the budget, then give said worker a raise so that he can retire with a pension of 110% of his average salary.</p>
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		<title>By: Richard S</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684848</link>
		<dc:creator>Richard S</dc:creator>
		<pubDate>Sun, 08 Nov 2009 16:25:13 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684848</guid>
		<description>It would be fun to put an initiative on the ballot saying that all taxes must be paid in full by April 15, but that no taxes are due before that.</description>
		<content:encoded><![CDATA[<p>It would be fun to put an initiative on the ballot saying that all taxes must be paid in full by April 15, but that no taxes are due before that.</p>
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		<title>By: Pintler</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684831</link>
		<dc:creator>Pintler</dc:creator>
		<pubDate>Sun, 08 Nov 2009 15:16:09 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684831</guid>
		<description>Is this limited to a single fiscal year? By this logic, can CA withhold your 2015 taxes in 2010, for example? 

As an aside, I am always struck that financial crisis seems correlated with the size of a government. Small towns seem to handle variations in revenue with much less drama - maybe in a lean year they keep the old backhoe running another year or whatever, and replace it in a good year, all seemingly without much gnashing of teeth (admittedly, I only have knowledge of the few small towns I have lived in).</description>
		<content:encoded><![CDATA[<p>Is this limited to a single fiscal year? By this logic, can CA withhold your 2015 taxes in 2010, for example? </p>
<p>As an aside, I am always struck that financial crisis seems correlated with the size of a government. Small towns seem to handle variations in revenue with much less drama &#8211; maybe in a lean year they keep the old backhoe running another year or whatever, and replace it in a good year, all seemingly without much gnashing of teeth (admittedly, I only have knowledge of the few small towns I have lived in).</p>
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		<title>By: Gordon Langston</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684829</link>
		<dc:creator>Gordon Langston</dc:creator>
		<pubDate>Sun, 08 Nov 2009 15:14:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684829</guid>
		<description>Perhaps as a mockery of our legislature someone should attempt to pass an Initiative that allows taxpayers to use IOUs to pay their estimated taxes.</description>
		<content:encoded><![CDATA[<p>Perhaps as a mockery of our legislature someone should attempt to pass an Initiative that allows taxpayers to use IOUs to pay their estimated taxes.</p>
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		<title>By: Richard Aubrey</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684818</link>
		<dc:creator>Richard Aubrey</dc:creator>
		<pubDate>Sun, 08 Nov 2009 14:27:27 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684818</guid>
		<description>&quot;legal basis&quot;
Are you serious?</description>
		<content:encoded><![CDATA[<p>&#8220;legal basis&#8221;<br />
Are you serious?</p>
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		<title>By: Jason Steck</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684816</link>
		<dc:creator>Jason Steck</dc:creator>
		<pubDate>Sun, 08 Nov 2009 14:24:18 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684816</guid>
		<description>If California continues to have end-of-year shortfalls that require payment of tax refunds in the form of IOUs, doesn&#039;t &quot;revenue acceleration&quot; result in a feedback loop whereby eventually the IOUs are themselves not paid (due to a shortage of revenue that eventually exceeds the revenue coming in) and the &quot;revenue acceleration&quot; is, in reality, a de facto tax increase?

Put another way, the &quot;revenue acceleration&quot; seems to give taxpayers a claim against the state for taxes collected in excess of what are owed.  But if that claim is not payable because the state lacks the funds (or chooses to prioritize those refund payments lower than other payments that eat up the entire budget), how is that not a tax increase by another name?

And does anyone really think that the California legislature is going to prioritize claims disproportionately held by the hated &quot;rich&quot;?</description>
		<content:encoded><![CDATA[<p>If California continues to have end-of-year shortfalls that require payment of tax refunds in the form of IOUs, doesn&#8217;t &#8220;revenue acceleration&#8221; result in a feedback loop whereby eventually the IOUs are themselves not paid (due to a shortage of revenue that eventually exceeds the revenue coming in) and the &#8220;revenue acceleration&#8221; is, in reality, a de facto tax increase?</p>
<p>Put another way, the &#8220;revenue acceleration&#8221; seems to give taxpayers a claim against the state for taxes collected in excess of what are owed.  But if that claim is not payable because the state lacks the funds (or chooses to prioritize those refund payments lower than other payments that eat up the entire budget), how is that not a tax increase by another name?</p>
<p>And does anyone really think that the California legislature is going to prioritize claims disproportionately held by the hated &#8220;rich&#8221;?</p>
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		<title>By: Beth</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684791</link>
		<dc:creator>Beth</dc:creator>
		<pubDate>Sun, 08 Nov 2009 09:41:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684791</guid>
		<description>The underlying problem is the precarious nature of California&#039;s finances.  Last year the state announced in mid-January that they were not going to process tax refunds because they didn&#039;t have the cash.  They eventually started processing them and paid tax refunds with IOUs.  Many banks in the state accepted the IOUs and paid their customers cash.  But they stopped accepting them in July because this was a bad deal for the banks and they had no confidence that the state would be able to pay.  The state stopped issuing IOUs in September after the legislature had brokered a deal that shored up the California cash situation.  But most of the gains were accounting tricks--like the withholding changes--with no real improvement in the underlying fundamentals.  Many of the supposed reduction in expenses from closing parks to releasing prisoners have been subsequently abrogated.  So next year&#039;s finances will be worse.  

Last tax year, California was not able to pay refunds for over 8 months after they were due.  Unless they&#039;ve got a rabbit in the hat, this tax year will be worse.  The real wildcard is whether the banks will cash the refund IOUs this year.</description>
		<content:encoded><![CDATA[<p>The underlying problem is the precarious nature of California&#8217;s finances.  Last year the state announced in mid-January that they were not going to process tax refunds because they didn&#8217;t have the cash.  They eventually started processing them and paid tax refunds with IOUs.  Many banks in the state accepted the IOUs and paid their customers cash.  But they stopped accepting them in July because this was a bad deal for the banks and they had no confidence that the state would be able to pay.  The state stopped issuing IOUs in September after the legislature had brokered a deal that shored up the California cash situation.  But most of the gains were accounting tricks&#8211;like the withholding changes&#8211;with no real improvement in the underlying fundamentals.  Many of the supposed reduction in expenses from closing parks to releasing prisoners have been subsequently abrogated.  So next year&#8217;s finances will be worse.  </p>
<p>Last tax year, California was not able to pay refunds for over 8 months after they were due.  Unless they&#8217;ve got a rabbit in the hat, this tax year will be worse.  The real wildcard is whether the banks will cash the refund IOUs this year.</p>
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		<title>By: Oren</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684775</link>
		<dc:creator>Oren</dc:creator>
		<pubDate>Sun, 08 Nov 2009 06:36:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684775</guid>
		<description>&lt;blockquote&gt;The argument about short-term interest rates is missing the point. If people have to borrow because of reduced cash flow, the interest rates are much higher. Of course, if they reduce spending consequent to the aforementioned reduced cash flow, tax collections will suffer and the entire exercise collapses under the inexorable weight of the laws of economics.&lt;/blockquote&gt; But the individuals can borrow much more cheaply than the State, whose bonds hover in the 8-10% &quot;junk&quot; category. Those people have a very solid future earning potential against which to borrow whereas the State legislature can neither raise taxes nor cut the vast swaths of spending mandated by referendum. 

It depresses me to acknowledge, but the experiences here are a lesson in the folly of public choice -- when given the power to broadly set policy, Californians made policy that spends more than they are willing to pay. I still have no doubt that The People deserve to make a choice, but someone has to map that choice onto a realizable policy. 

Of course, the nature of that mapping is highly unclear to me.</description>
		<content:encoded><![CDATA[<blockquote><p>The argument about short-term interest rates is missing the point. If people have to borrow because of reduced cash flow, the interest rates are much higher. Of course, if they reduce spending consequent to the aforementioned reduced cash flow, tax collections will suffer and the entire exercise collapses under the inexorable weight of the laws of economics.</p></blockquote>
<p> But the individuals can borrow much more cheaply than the State, whose bonds hover in the 8-10% &#8220;junk&#8221; category. Those people have a very solid future earning potential against which to borrow whereas the State legislature can neither raise taxes nor cut the vast swaths of spending mandated by referendum. </p>
<p>It depresses me to acknowledge, but the experiences here are a lesson in the folly of public choice &#8212; when given the power to broadly set policy, Californians made policy that spends more than they are willing to pay. I still have no doubt that The People deserve to make a choice, but someone has to map that choice onto a realizable policy. </p>
<p>Of course, the nature of that mapping is highly unclear to me.</p>
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		<title>By: great unknown</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684774</link>
		<dc:creator>great unknown</dc:creator>
		<pubDate>Sun, 08 Nov 2009 06:19:50 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684774</guid>
		<description>re gab:

The argument about short-term interest rates is missing the point.  If people have to borrow because of reduced cash flow, the interest rates are much higher.  Of course, if they reduce spending consequent to the aforementioned reduced cash flow, tax collections will suffer and the entire exercise collapses under the inexorable weight of the laws of economics.

The implied criticism of Dr Bowman is predicated on his coming in from out of state, using the facilities of the public schools as a freeloader, and then escaping without paying back.  The more likely scenario is that he and/or his parents shouldered a disproportionate amount of his educational bill in many years of taxes and fees.
It is worth noting that until recently, California, through its citizens, paid its own way.  

Recall Dame Thatcher&#039;s aphorism to the effect that one can be liberal until one runs out of other peoples&#039; money.  By its taxation policies, driven by a buy votes - particularly of the unions - with benefits policy, CA has succeeded in driving industry and higher-level taxpayers out of the state.  Once again, classic economics trumps Marx and his ilk.

For a ground-up look at this process in action, pay particular attention to Washington State.  Boeing just declared that its new 737 production line will be in South Carolina.  This is a blow to the Washington economy that could have been foreseen by anybody with an honest appreciation of economic reality.  It remains to be seen if the Washington legislators learn from this mistake, or enter into a tighter graveyard spiral of compensating by raising taxes on remaining industry</description>
		<content:encoded><![CDATA[<p>re gab:</p>
<p>The argument about short-term interest rates is missing the point.  If people have to borrow because of reduced cash flow, the interest rates are much higher.  Of course, if they reduce spending consequent to the aforementioned reduced cash flow, tax collections will suffer and the entire exercise collapses under the inexorable weight of the laws of economics.</p>
<p>The implied criticism of Dr Bowman is predicated on his coming in from out of state, using the facilities of the public schools as a freeloader, and then escaping without paying back.  The more likely scenario is that he and/or his parents shouldered a disproportionate amount of his educational bill in many years of taxes and fees.<br />
It is worth noting that until recently, California, through its citizens, paid its own way.  </p>
<p>Recall Dame Thatcher&#8217;s aphorism to the effect that one can be liberal until one runs out of other peoples&#8217; money.  By its taxation policies, driven by a buy votes &#8211; particularly of the unions &#8211; with benefits policy, CA has succeeded in driving industry and higher-level taxpayers out of the state.  Once again, classic economics trumps Marx and his ilk.</p>
<p>For a ground-up look at this process in action, pay particular attention to Washington State.  Boeing just declared that its new 737 production line will be in South Carolina.  This is a blow to the Washington economy that could have been foreseen by anybody with an honest appreciation of economic reality.  It remains to be seen if the Washington legislators learn from this mistake, or enter into a tighter graveyard spiral of compensating by raising taxes on remaining industry</p>
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		<title>By: gab</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684767</link>
		<dc:creator>gab</dc:creator>
		<pubDate>Sun, 08 Nov 2009 05:12:21 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684767</guid>
		<description>Short term interest rates right now are so low that a few dollars invested at current rates are essentially meaningless.  And Dr Bowman, were any of the schools you went to in California public schools?</description>
		<content:encoded><![CDATA[<p>Short term interest rates right now are so low that a few dollars invested at current rates are essentially meaningless.  And Dr Bowman, were any of the schools you went to in California public schools?</p>
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		<title>By: great unknown</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684764</link>
		<dc:creator>great unknown</dc:creator>
		<pubDate>Sun, 08 Nov 2009 05:02:08 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684764</guid>
		<description>readery:

A tax increase in California requires a 2/3 supermajority by constitutional amendment.  The remedy via the voting booth was indeed invoked.

Unfortunately, like most legislative bodies, the California government is seeking to circumvent the results of the voting booth instead of taking proper corrective measures (cut pork, roll back absurd pensions...)that are within their powers, but might cause the politicians to lose said powers.</description>
		<content:encoded><![CDATA[<p>readery:</p>
<p>A tax increase in California requires a 2/3 supermajority by constitutional amendment.  The remedy via the voting booth was indeed invoked.</p>
<p>Unfortunately, like most legislative bodies, the California government is seeking to circumvent the results of the voting booth instead of taking proper corrective measures (cut pork, roll back absurd pensions&#8230;)that are within their powers, but might cause the politicians to lose said powers.</p>
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		<title>By: readery</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684754</link>
		<dc:creator>readery</dc:creator>
		<pubDate>Sun, 08 Nov 2009 04:00:02 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684754</guid>
		<description>I don&#039;t see the constitutional problem. California could have enacted a 10% tax increase outright (payable through withholding), and it could have given a 10% rebate outright (payable after filing), so why not in effect do both at the same time? 

If this law truly conflicts with other provisions, one attempts to harmonize, and if one can&#039;t the last thing the legislature enacted controls. Earlier statutes can&#039;t be obstacles to later ones; the business of a legislature is to change the law. 

A legislature has power to do this. One can grouse, but there really doesn&#039;t seem to be any real beef. Since it&#039;s backed by a statute, any remedy is at the voting booth. Frankly, given the dire straits most state budgets are in and California&#039;s in particular, the hit could have been a lot worse.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t see the constitutional problem. California could have enacted a 10% tax increase outright (payable through withholding), and it could have given a 10% rebate outright (payable after filing), so why not in effect do both at the same time? </p>
<p>If this law truly conflicts with other provisions, one attempts to harmonize, and if one can&#8217;t the last thing the legislature enacted controls. Earlier statutes can&#8217;t be obstacles to later ones; the business of a legislature is to change the law. </p>
<p>A legislature has power to do this. One can grouse, but there really doesn&#8217;t seem to be any real beef. Since it&#8217;s backed by a statute, any remedy is at the voting booth. Frankly, given the dire straits most state budgets are in and California&#8217;s in particular, the hit could have been a lot worse.</p>
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		<title>By: Bleepless</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684748</link>
		<dc:creator>Bleepless</dc:creator>
		<pubDate>Sun, 08 Nov 2009 03:15:27 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684748</guid>
		<description>Legal basis?  Ho-ho.  How about unrestrained power?</description>
		<content:encoded><![CDATA[<p>Legal basis?  Ho-ho.  How about unrestrained power?</p>
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		<title>By: egd</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684747</link>
		<dc:creator>egd</dc:creator>
		<pubDate>Sun, 08 Nov 2009 03:13:38 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684747</guid>
		<description>I&#039;m pretty sure that Brian G is engaging in a bit of sarcasm.</description>
		<content:encoded><![CDATA[<p>I&#8217;m pretty sure that Brian G is engaging in a bit of sarcasm.</p>
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		<title>By: Gordon Langston</title>
		<link>http://volokh.com/2009/11/07/california-withholding-tax-hike-can-someone-explain-the-legal-basis-to-me/comment-page-1/#comment-684737</link>
		<dc:creator>Gordon Langston</dc:creator>
		<pubDate>Sun, 08 Nov 2009 02:53:16 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21232#comment-684737</guid>
		<description>&lt;blockquote cite=&quot;comment-684714&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-684714&quot; rel=&quot;nofollow&quot;&gt;Brian G.&lt;/a&gt;&lt;/strong&gt;: It appears to me that people are advocating lawbreaking here by saying people should be changing their W-2s.California has every right to collect the revenue it desparately needs to continue to help women, children, and minorities who depend on the state to proivde them with a social safety net.I think it would be against the priniciples of social justice for people to decide not to assist California in its time of need.We are in a recesion people, thanks to Bush’s bankrupting of the country in order to make his pals at Haliburton, Big Oil, and Wall Street rich.As the biggest state in the country, naturally the devestation left behind by the Bush Regime hits them the hardest.People should show compassion for their fellows peoples and do their part to assist get past this crisis.

&lt;/blockquote&gt;

Just what law are you breaking when you are just paying the taxes you owe?    If your tax payments are insufficient to pay the taxes owed (with a 10% leeway relative to last year&#039;s taxes) then you may pay a penalty for underpayment.    Not much to comment on past this except to ask if you live in CA and possibly if you&#039;re tongue in cheek here.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-684714">
<p><strong><a href="#comment-684714" rel="nofollow">Brian G.</a></strong>: It appears to me that people are advocating lawbreaking here by saying people should be changing their W-2s.California has every right to collect the revenue it desparately needs to continue to help women, children, and minorities who depend on the state to proivde them with a social safety net.I think it would be against the priniciples of social justice for people to decide not to assist California in its time of need.We are in a recesion people, thanks to Bush’s bankrupting of the country in order to make his pals at Haliburton, Big Oil, and Wall Street rich.As the biggest state in the country, naturally the devestation left behind by the Bush Regime hits them the hardest.People should show compassion for their fellows peoples and do their part to assist get past this crisis.</p>
</blockquote>
<p>Just what law are you breaking when you are just paying the taxes you owe?    If your tax payments are insufficient to pay the taxes owed (with a 10% leeway relative to last year&#8217;s taxes) then you may pay a penalty for underpayment.    Not much to comment on past this except to ask if you live in CA and possibly if you&#8217;re tongue in cheek here.</p>
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