Showing posts with label bargain. Show all posts
Showing posts with label bargain. Show all posts

Wednesday, February 6, 2013

Hostess Issues & Analysis

Hostess Bakery: Behind The Pillaging And Sacking Of Another Famous Brand
(By “BlueBeaumont Boyz, DailyKos.com, 18 November 2012)
 
The purpose of this diary is to explore the economic and financial background of those pillaging and burning a (formerly) great American brand.  Hostess Bakery created several American comfort foods including Ding Dongs, Ho Hos, Wonderbread, Suzy Qs, Dolly Madison Zingers, and Drake's Ring Dings.  The fact that Hostess Bakery was the 2012 version of 2008's General Motors and Ford Motor Company is beside the point of this diary.  However, let me note that Ding Dongs, Ho Hos, etc. do not mesh well with diet-conscious cuisine.  Since moving to California ten years ago, I am not sure I have had more than two or three doughnuts during this period.  Carbs and sugar and calories, oh, my!  Nevertheless, Hostess is now a great American tragedy, in no small part related to venture capitalists and corporate raider.  This diary is the story of what has become normal in American business history and unfettered capitalism since 1865 and the end of the American Civil War.  The robber barons came to the fore and such American luminaries as Cornelius Vanderbilt, John D. Rockefeller, and others earned their fortunes at the misfortune of others.  Sometimes, this misfortune was facilitated by the very people who later benefited from the 'distressed events.'  More recently, Michael Milken, Carl Icahn, Monarch Alternative Capital LP, and Silver Point Capital LP have taken up the mantle of the robber baron.  The venture capitalists see opportunity in the recession and swoop in to take advantage.
For an interesting filmaic history of the robber barons, the History Channel now has some fantastic historical background on the rise of the robber barons in 'The Men Who Shaped America.'  Modern day robber barons and their admirers provide commentary (think Donald Trump, GE's former-CEO Jack Welch, Time-Warner's former-CEO Richard Dean Parsons, CNBC Mad Money's Jim Kramer, etc.).  According to the History Channel, Vanderbilt reportedly attempted to sell railroad rights of way into New York City to various railroads only to be rebuffed.  'Sell' in this case might be synonymous with 'extort.'  When the railroads refused to open their purses to Vanderbilt, he blocked them from crossing the Albany Bridge towards New York City, causing a financial panic.  Seeing opportunity in the misfortune of others that directly resulted from his own actions, Vanderbilt purchased as many shares of the New York Central on the New York Stock Exchange as he could at firesale pricing.  Vanderbilt parlayed his investment into the control of the New York Centeral and into purchase of other railroads in similar fashion.
To further his transportation empire, Vanderbilt financed the early kerosine industry based in Eastern Ohio and Western Pennsylvania.  The direct beneficiary of Vanderbilt's efforts to fill his freight trains was an upstart oilman by the name of John D. Rockefeller.  Eventually, Rockefeller bankrupted hundreds of refinery owners as he solidified his hold on the kerosene and oil industry.   When Tom Scott, head of the Pennsylvania Railroad attempted to build his own oil pipeline to compete with Rockefeller, Rockefeller closed his Pittsburgh refineries, costing Scott fifty percent of his freight revenue.  Rockefeller's actions lead Scott's laying off thousands of workers and decreasing the wages of the remaining workers.  The rioting that ensued nearly destroyed the Pennsylvania Railroad (full disclosure, at least three generations in my family worked for the PRR).  Needless to say, today's vulture capitalists, including Monarch Alternative Capital and Silver Point Capital, are merely a stone's throw morally away from Vanderbilt, Rockefeller, Carnegie et al.  Today, when you discuss the new robber barons, famous American company names like Blockbuster, the Texas Rangers, the Dallas Stars, Muzak, and Hostess Bakery enter the conversation.
When you think about Hostess Bakery, you need to explore the financial underpinnings of the company.  Apparently, the Monarch Alternative Capital LP and Silver Point Hedge Funds are the primary culprits. The machinizations of Monach and Silver would make Vanderbilt and Rockefeller proud.  These two hedge funds are known as distressed debt investors, purchasing the debt of troubled companies at steep discounts.  When Hostess Brands announced that it would close up its operations, the forces most responsible for that decision were two hedge funds that control hundreds of millions of Hostess debt and which have finally decided they won't squeeze any more filling into the Twinkie.  The funds, Silver Point and Monarch, are what are known as distressed debt investors. They buy the debt of troubled companies—usually at steep discounts. Some consider them white knights who are willing to take make risky investments in companies on the verge of failure. Others say they are “vulture funds.”  Only Silver Point and Monarch could have kept Hostess out of liquidation and kept the Twinkie bakery ovens firing. But they were, ultimately, unable to reach a deal with the unions that represents the workers who make and deliver products like Twinkies, Wonderbread and Ding Dongs. Without large union concessions- what some would say, total union capitulation- the hedge funds decided Hostess would have to die.
Of course, like diarist bluebarnstormer points out, Monarch and Silver Point could not be trusted to work in the best interests of the union members, their families and their pension funds.  The hedge fund managers' only interest lies in pulling as much capital out of Hostess Bakery and putting in as little as possible.  Profitability is not the issue.  They pillaged as much of the pension funds as possible and now walk away, leaving thousands of employees and their families shattered.  Interesting of course that this all came to fruition the week following the election rather than during the week prior.  Just wondering what would have happened had Monarch and Silver Point done the deed in October 2012.
Now to the Monarch and Silver Point Hedge Funds and their principles.  Bloomberg's BusinessWeek has profiles on each of these Vanderbilt and Rockefeller personifications.  Monarch Alternative Capital LP is a privately owned hedge fund sponsor. The firm invests in the public equity and fixed income markets across the globe. It primarily invests in debt of bankrupt and distressed companies. The firm also invests in equities received in connection with the conversion of such debt into equity. It employs a fundamental analysis to make its investments. The firm conducts in-house research to make its investments and it was formerly known as Quadrangle Debt Recovery Advisors.  Monarch has approximately $5.0 billion in assests under portolio management and is based in New York with an office in Israel.  Monarch's corporate website self-describes its approach as research-oriented and 'event-driven.'  Research-oriented suggests a proactive approach and vision.  Event-driven suggests a more reactive approach.  Kind of like sharks in the water.  In 2010, Monarch became involved in the messy bankruptcy of the Texas Rangers baseball team and the Dallas Stars hockey team when it purchased the debt of Hicks Sports Group LLC.  Monarch then threatened the 'involuntary bankruptcy' of its Texas Rangers holdings if Commissioner Bud Selig did not play by Monarch's rules and attempted to seize the team for sale to an acceptable bidder.    
Still no word from Major League Baseball concerning its imminent seizure of Your Texas Rangers in order to expedite the sale to Chuck Greenberg and Nolan Ryan's Rangers Baseball Express. But, finally, there's been direct contact with Monarch Alternative Capital, the main lender holding up the deal with Hicks Sports Group: The New York Times has gotten hold of an e-mail Monarch's managing principal, Andrew Herenstein, sent to MLB owners gathered in New York City this week for owners' meetings.  He more or less reiterates what Sports Business Journal reported this week and what Bloomberg News noted in mid-April: Should Bud Selig make a move, so too will Monarch -- straight to the federal courthouse, involuntary bankruptcy papers in hand.
It all comes down to the numbers. Tom Hicks last year defaulted on $525 million in loans. Greenberg's offer has long been believed to be between $570 and $575 million. The creditors claim that "additional costs, including unpaid interest," as The Times notes, have pushed Hicks's debt closer to $600 million. The creditors, right now set to get about half of the sale proceeds (unless MLB steps in and nullifies their claims completely), want their money. So too does Hicks, which is why, sources say, he's been hoping to bring Houston's Jim Crane and his higher offer back to the playing field. Greenberg's stuck in the middle and staying quiet, though Monarch says now that "the Greenberg-Ryan group had rejected 'various modifications' in the sale agreement that would increase the proceeds to the lenders," according to Times writer Richard Sandomir. 
Long story short: If MLB steps in, Monarch's suing. And it'll get "costly, distracting and messy," writes Herenstein. "It would be a bad result for the Texas Rangers, M.L.B. and the banks." And, don't forget, the fans.  In February 2011, Monarch was connected to Carl Icahn in an attempt to purchase Blockbuster for $300 million following the latter's bankruptcy filing.  Did I mention that Monarch and Icahn were Blockbuster creditors who helped finance the actual bankruptcy filing, thus having access to the internals?  Creditors including billionaire Carl Icahn and Monarch Alternative Capital LP are targeting Blockbuster Inc., the bankrupt movie-rental company, in a possible buyout for less than $300 million, a person familiar with the matter said. Icahn and Monarch are Blockbuster creditors who helped to finance the bankruptcy, making them potential candidates to buy the company, said the person, who declined to be identified because the discussions are private.
Silver Point Capital LP is a privately-owned hedge fund sponsor based in Greenwich, CT.  Interestingly, the corporate website has less than limited information available to the public.  Silver Point Capital L.P is a privately owned hedge fund sponsor. The firm manages hedge funds for its clients. It invests in the public equity, fixed income, and hedging markets of the United States. The firm primarily invests in securities of distressed, large-cap, and Mid-cap companies; bank debts; bonds; and trade claims. It specializes in credit analysis and diversified credit-related investments. Silver Point Capital is based in Greenwich, Connecticut.  Silver Point's corporate officers include Edward A Mule, Co-founder and Partner, age 50, Robert J. O'Shea, Co-founder and Partner, age 48, David Steinmetz, Chief Financial Officer, Michael A. Gatto, Principal, age 45, John M. Gannon, Principal, and Richard Parisi, Board Director.  Mule and O'Shea are alums of our friends at Goldman, Sachs.
Some of Silver Point's 'distressed events' include Kripsy Kreme, Moneygram, Herbst Gaming, Dana Holdings, Torch Energy Royalty Trust, Cooper-Standard Holdings, and FiberMark.  Silver Point also has investments in Sage Telecom, Granite Broadcasting and Communications Corporate of America.  In April 2011, Silver Point was involved in the attempts of Mood Media Holdings to merge with Muzak, a provider of music, messaging and video for businesses.  Cleary Gottlieb is representing Silver Point Capital, a private equity firm, and Muzak Holdings, a premier provider of music, messaging and video for business, in connection with the proposed acquisition of Muzak by Mood Media Corporation, a leading in-store media specialist. Under the terms of the merger agreement, a subsidiary of Mood will merge with and into Muzak, with Muzak unitholders receiving cash and contingent consideration in exchange for their units in Muzak. The transaction values Mood at approximately $345 million on an enterprise basis.
 
Who Killed Hostess Brands and Twinkies?
(By Helaine Olen, Forbes, 16 November 2012)
I’m sure you have, by now, heard the news. Hostess Brands, the company that gave us such remembered childhood treats as Twinkies, Ding Dongs, Devil Dogs and other baked foodstuffs that have fallen into disfavor in our more gourmand age, announced today that it would be closing for business, effective immediately.  More than a few observers say they know who to blame for the demise of the iconic company: the Bakery, Confectionary, Tobacco Workers and Grain Millers International union, which represents thousands of striking Hostess Brand workers who have refused to accept a new contract that would do everything from slash their salaries to their retirement benefits.  
Time for a reality check.  Hostess has been sold at least three times since the 1980s, racking up debt and shedding profitable assets along the way with each successive merger. The company filed for bankruptcy in 2004, and again in 2011. Little thought was given to the line of products, which, frankly, began to seem a bit dated in the age of the gourmet cupcake. (100 calorie Twinkie Bites? When was the last time you entered Magnolia Bakery and asked about the calorie count?)
As if all this were not enough, Hostess Brands’ management gave themselves several raises, all the while complaining that the workers who actually produced the products that made the firm what money it did earn were grossly overpaid relative to the company’s increasingly dismal financial position.  So now an estimated 18,500 workers will join the nation’s unemployment rolls. But while Hostess Brands might soon become a forgotten name from the past, it’s unlikely such a fate awaits such signature products as Twinkies. Company executives have already asked for bankruptcy court permission to begin the process of selling off their famed product lines to other companies.
Finally, a personal note: A few years ago, my husband picked our children up from a playdate at a home where, he said, it seemed like more food was banned than allowed, there was no television, and it was all too politically correct in the way all too many middle class childhoods are today. My husband’s response? Before bringing the boys home, he stopped in at a local grocery and introduced our ecstatic children to fine products of Hostess Brands. “Yodels,” he told me, “never tasted so good.”
Addendum: Since this has come up in the comments, I need to remind everyone that Hostess Brands acquired Drake’s Cakes in one the many of the misbegotten mergers it was involved in.
 
Alternatives to Twinkies & Other Hostess Brands
Little Debbie is a strong competitor of Hostess. For most of the Hostess products, Little Debbie makes an alternative. Little Debbie makes Cloud Cakes, their answer to Hostess Twinkies.
Alternatives to Ho-Hos and Yodels
Drake's, the company that makes Yodels (among other snack cakes) is owned by Hostess and will also be going out of business. Little Debbie has Swiss Rolls as an alternative to Ho-Hos and Yodels.
Alternatives to Hostess Cupcakes, Yankee Doodles, Ring Dings, and Ding Dongs
Of course there are Little Debbie Alternatives to Hostess cupcakes (the Little Debbie cupcakes may be more famous), but they also makes alternatives to Ring Dings and Ding Dongs. Tastykake has their own cream-filled cupcakes.
Alternative to Funny Bones
Drake's makes a chocolate cake filled with peanut butter cream and covered with chocolate frosting. It's not exactly the same, but Tastykake makes a cake covered in chocolate and peanut butter.
Alternatives to Zingers
Zingers are made by Dolly Madison, owned by Hostess, so Dolly Madison will likely be shutting down, too. Tastykake makes good alternatives to Zingers called Krimpets. I could only find Butterscotch Krimpets, but their Kandy Kakes look like a good alternative to the chocolate Zingers.
Alternatives to Devil Dogs and Suzy Q's
Once again, Little Debbie has an alternative to these Hostess and Drake's products. Little Debbie has Devil Cremes that are the Devil Dog knock-offs.
Alternatives to Drake's Coffee Cake
Drake's has coffee cake snack cakes. I love coffee cake, and Tastykake has some coffee cake snack cakes that can replace the Drake's coffee cake.
Donettes
These mini doughnuts are a staple at convenience stores. While Donettes may be the most well-known mini doughnut, other brands make mini doughnuts that are just as good. Little Debbie, Tastykake, and Duchess have versions of the powdered sugar variety, and Duchess has mini chocolate doughnuts.
Fruit Pies
Hostess makes convenient little fruit pies that you can pick up at a convenience store. Fortuantely Tastykake makes a wide variety of small fruit pies, including pumpkin pie.

Monday, December 31, 2012

Fiscal Cliff Averted: Details, Blame And Tax Implications


Obama, Republicans Reach Deal On Fiscal Cliff; Senate Vote Expected Tonight
(By Lori Montgomery,Paul Kane,Jerry Markon,The Washington Post, 31 December 2012)

President Obama and Senate Republicans reached a sweeping deal late Monday that would let income taxes rise significantly for the first time in more than two decades, fulfilling Obama’s promise to raise taxes on the rich and averting the worst effects of the “fiscal cliff.”   Vice President Biden arrived at the Capitol just after 9 p.m. to explain the details of the pact he negotiated with Senate Minority Leader Mitch McConnell (R-Ky.). A Senate vote on the package could be held by 10:30 p.m., beating a midnight deadline, Democratic aides said. The Republican-controlled House will begin considering the bill on Tuesday, with a final vote expected in the next day or two.

The agreement came together after negotiators cleared two final hurdles involving the estate tax and automatic spending cuts set to hit the Pentagon and other federal agencies later this week. Republicans gave ground on the spending cuts, known as the sequester, by agreeing to a two-month delay paid for in part with fresh tax revenue, a condition they had resisted. White House officials yielded to GOP wishes on how to handle estate taxes, aides said.

The revelations about the pending deal came after Obama had said a pact was “within sight,” and House Republican leaders announced they would hold no votes Monday night, making it appear that that the nation would go over the fiscal cliff for at least a day. The two sides have been negotiating frantically to avert the automatic spending cuts and tax increases set to kick in on Tuesday, which many economists believe would push the nation back into a recession.

Around 9:15 p.m., Biden emerged from the office of Senate Majority Leader Harry M. Reid (D-Nev.) and walked with the Senate leader into a corridor, past a bank of television cameras broadcating the images live.  "Happy New Year!" the vice president said to awaiting reporters. "Don't you love spending New Year's Eve here?"  Biden then proceeded into a conference room for a meeting with his former Senate colleagues expected to last at least an hour.

Regardless of the emerging agreement, many Americans are all but certain to face a broad hike in taxes starting Tuesday because of the expiration of the payroll tax cut, which was enacted in 2011 as a temporary measure to boost economic growth. The increased payroll taxes, combined with hikes affecting the very wealthy, would effectively mark the end of a prolonged period of declining taxation that has become a defining characteristic of the American economy.
 
The pact came after a day of intensive negotiations and political battles between the two sides, with Obama urging lawmakers to “stop taxes going up for middle-class families, starting tomorrow,” and calling on them to remain focused on the needs of the American people rather than politics.  In what the White House billed as an event with middle-class Americans, Obama said the potential agreement would prevent federal income taxes from rising on middle-class families, extend tax credits for children and college tuition, provide tax breaks to clean-energy companies and extend unemployment insurance for 2 million Americans.  He would have preferred to “solve all these problems in the context of a larger agreement,” the so-called grand bargain, that would have dealt with spending in a “balanced way,” he said.  “But with this Congress, that was obviously a little too much to hope for at this time,” Obama said, adding that perhaps “we can do it in stages.”

Congressional Republicans immediately pushed back, objecting to comments that one GOP senator described as “heckling Congress.”  The president made the remarks as negotiators were moving closer to a deal but were still hung up on spending, with Democrats esisting Republican proposals for spending cuts that would come in exchange for delaying automatic spending cuts at federal agencies for just three months.  As Obama prepared to deliver remarks about the fiscal cliff at the White House, negotiators for the administration and McConnell appeared to have nailed down many of the most critical tax issues, including a plan to let taxes rise on income over $450,000 a year for couples and $400,000 a year for individuals, according to people in both parties familiar with the talks.

McConnell said after Obama’s speech that he and Biden spoke multiple times Monday morning since their first 6:30 a.m. call and managed to resolve their differences on taxes. But he echoed Obama’s contention that the two sides had not yet resolved a dispute about whether to delay automatic spending cuts. McConnell urged Congress to pass the tax agreement — and debate replacing the so-called “sequester,” as the automatic spending cuts are known, in coming months.  “We’ll continue to work on finding smarter ways to cut spending, but let’s not let that hold up protecting Americans from the tax hike that will take place” on New Year’s Day, he said. “We can do this. We must do this.”

Under the proposed accord, households earning less than $450,000 would largely escape higher income tax bills, though couples earning more than $300,000 a year and individuals earning more than $250,000 would lose part of the value of their exemptions and itemized deductions, under the terms of the emerging agreement.  Low-income households would also benefit from a five-year extension of credits for college tuition and the working poor first enacted as part of Obama’s stimulus package in 2009. And businesses would see a variety of popular tax breaks extended, including a credit for research and development.   The tax on inherited estates would rise from 35 percent to 40 percent, though Democrats agreed to keep in place the current exemption for estates worth up to $5 million. And nearly 30 million households would be protected from paying the costly alternative minimum tax for the first time — either on their 2012 tax returns or at any time in the future. The developing agreement calls for a permanent fix.

The two sides also appeared to have reached consensus on unemployment benefits, with Republicans acceding to Democratic demands to keep benefits flowing to the long-term unemployed for another year. Medicare payments would not be cut for doctors next year, and the cost of preserving those programs would not be offset with other spending cuts.

However, negotiators were still at odds over how to handle the automatic “sequester” spending cuts, which are set to decimate budgets at the Pentagon and other federal agencies in the New Year. Democrats initially demanded that the cuts be delayed until 2015, but Republicans balked, arguing that the cost of any delay should be covered through additional spending cuts.  Instead of delaying the cuts for two years, at a cost of more than $200 billion, Republicans suggested delaying the sequester for three months — at a cost of $33 billion, according to people close to the talks. It was unclear Monday whether the hang-up was the brevity of the extension or the need to identify offsetting spending cuts.  All told, the proposal would raise roughly $600 billion in new revenue over the next decade from the wealthiest 2 percent of households — less than Obama had been seeking, and less than House Speaker John A. Boehner (R-Ohio) had offered in negotiations earlier this month. But the new tax revenue was a first step, Democrats said, toward asking the wealthy to do their part in reducing record budget deficits.

In the House, Republicans once again met Monday evening with little information and no idea what to expect in the coming hours. Boehner convened his party conference together, but little was discussed regarding fiscal matters.  Rep. Steve LaTourette (R-Ohio), a key Boehner ally, derided the emerging agreement as “small-ball’’ and said “everybody involved should be embarrassed.’’  But he left open the possibility that a bill passed by the Senate with no additional spending cuts could still pass the House. If such a bill is presented to the House, “the math becomes different, because then you would think that the president would bring a number of Democrats along. And then it’s just a question of how many Republicans.”

Rep. Michele Bachmann (R-Minn.) said she and her colleagues would quickly return if a Senate deal suddenly materializes.   “The House is here. We are here, we passed a same-day rule so that if something happens, we’re here, we’ll come up until 11:59 and 59 seconds,” she said. “We’re here in the city, no one’s going anywhere, we’re here and we’re ready. We’ve done our work in August. Now Harry Reid and the president need to do their work as well.”

In his remarks in the South Court Auditorium of the White House with a contingent of middle-class Americans standing behind him, Obama highlighted progress in the fiscal cliff talks by noting that “just last month Republicans in Congress said they would never agree to raise tax rates on the wealthiest Americans.” He continued: “Obviously, the agreement that’s currently discussed would raise those rates, and raise them permanently.”  But he warned that “we still have deficits that have to be dealt with,” and he stressed that tax hikes represent only one part of the fiscal cliff.  “I want to make clear that any agreement we have to deal with these automatic spending cuts that are being threatened for next month, those also have to be balanced,” Obama said. “And that means the revenues have to be part of the equation in turning off the sequester and eliminating these automatic spending cuts.”

He added: “Now, if Republicans think that I will finish the job of deficit reduction through spending cuts alone ... that will hurt seniors, or hurt students, or hurt middle- class families without asking also equivalent sacrifice from millionaires or companies with a lot of lobbyists, et cetera, if they think that’s going to be the formula for how we solve this thing, then they’ve another think coming. That’s not how it’s going to work. We’ve got to do this in a balanced and responsible way. And if we’re serious about deficit reduction and debt reduction, then it’s going to have to be a matter of shared sacrifice.”

Americans “need us to all stay focused on them,” Obama said. “Not on politics. Not on, you know, special interests.”  Minutes after Obama spoke, Sen. Bob Corker (R-Tenn.) took to the Senate floor to denounce Obama’s suggestion that Congress consider new tax dollars as an acceptable offset to delaying the sequester spending cuts.  “I know the president has fun heckling Congress,” he said of Obama’s speech. “It’s unfortunate that he doesn’t spend as much time working on solving problems as he does with campaigns and pep rallies.”

A top aide to House Majority Leader Eric Cantor (R-Va.) tweeted that Obama was making a deal harder with his speech, in which he observed that he would be president for the next four years and that Republicans have already caved on higher taxes for the wealthy. Both comments drew hearty campaign-style applause from his audience.  “If Obama’s goal was to harm the process and make going over the cliff more likely, he’s succeeding,” tweeted Doug Heye.

A top aide to McConnell charged that Obama had changed the terms of negotiations in his speech.  “Potus just moved the goalpost again. Significantly. This is new,” wrote Josh Holmes, McConnell’s chief of staff.  Sen. John McCain (R-Ariz.) delivered a blistering critique, accusing Obama of seeking short-term political gain at the expense of the nation’s economy. He denounced the speech as “a cheerleading, ridiculing of Republicans exercise.”

“So, what did the president of the United States just do?” McCain asked in a floor speech. “Well, he made a couple of jokes, laughed about how people are going to be here for New Year’s, sent a message of confrontation to the Republicans.... I guess I have to wonder — and I think the American people have to wonder — whether the president really wants this issue resolved, or is it to his short-term political benefit for us to go over the cliff?”  Earlier, with the New Year’s Eve deadline hours away, Democrats abandoned their demand to raise tax rates on household income over $250,000 a year. Obama had vowed repeatedly during his reelection campaign to allow tax cuts to expire for incomes over that level.

“There are a number of issues on which the two sides are still apart, but negotiations are continuing as I speak,” Senate Majority Leader Harry M. Reid (D-Nev.) said in a floor speech shortly after the body convened at 11 a.m. Monday. “But we really are running out of time,” he added.   Reid said there were “still some issues that need to be resolved before we can bring legislation to the floor.”  Speaking after Reid on the Senate floor Monday morning, Sen. Tom Harkin, a liberal Democrat from Iowa, said he was “disturbed” to read in The Post that Democratic negotiators had agreed to raise the threshold for the income tax rate increases to $450,000, from $250,000, and to maintain estate taxes at the same level.

“This is one Democrat that doesn’t agree with that — at all,” Harkin said. “I just think that’s grossly unfair.” He added: “If you make $250,000 a year, you’re not middle class. You’re in the top 2 percent of income earners in America.... If we’re going to have some kind of deal, the deal must be one that really does favor the middle class — the real middle class, those that are making 30, 50, 60, 70,000 dollars a year. That’s the real middle class in America. And as I see this thing developing, quite frankly, as I’ve said before, no deal is better than a bad deal, and this looks like a very bad deal the way this is shaping up.” 

Biden, a veteran dealmaker who served in the Senate for 36 years, entered the talks Sunday at McConnell’s request after the Republican leader said he had grown “frustrated” by the pace of negotiations with Reid.  Personal relations between the two Senate leaders have deteriorated after two years of draining battles over the budget. On Sunday, their antagonism produced a confusing day when talks seemed to be collapsing even as the two sides were moving closer to agreement on several fundamental issues.  As McConnell and Biden tried to bridge the divide, time had become as much of an enemy as the gritty details of tax and spending policy. Even if the leaders forge an agreement, the midnight deadline would be daunting to meet. Reid and McConnell would require the consent of all 100 senators to dispatch with the normal parliamentary procedures and complete debate and vote in hours rather than days.  And Senate passage would not guarantee an easy ride in the House, where Boehner’s conservative flank has shown deep resistance to any tax hikes. The speaker has indicated he does not want to approve a bill with mostly Democratic votes and a sliver of his 241-member Republican conference.


 

‘Fiscal Cliff’ Resolution Falls To Biden And Mcconnell, Longtime Senate Colleagues
(By David A. Fahrenthold and Ed O’Keefe, Washington Post, 31 December 2012)

In the end, it came down to two 70-year-old men, talking on the phone.  They are not the most powerful men in Washington: Each, in his own way, is a second fiddle. Joseph R. Biden Jr. is vice president. Mitch McConnell (R-Ky.) is the Senate minority leader, in charge only of the senators who are not in charge. But these two men — rivals, colleagues and wary friends for almost 28 years — were the ones who finally struck a deal to end the “fiscal cliff” crisis.  The New Year’s Eve agreement between Biden and McConnell provided a glimpse at the ways that personality quirks and one-to-one relationships can still change the course of Washington politics. On the Hill’s most dramatic night in 16 months, these things seemed to matter far more than raw power.

House Speaker John A. Boehner (R-Ohio) didn’t have enough political muscle to strike a bargain with the president. The president was so intent on showing his muscle that he alienated the Republicans he was supposed to bargain with. Those two, the most powerful Democrat and the most powerful Republican in Washington, tried to strike a historic, sweeping deal, and failed.  Instead, they got what Biden and McConnell could wrangle on the phone at the last minute: a small deal that solved few of the big problems outside the immediate crisis.

Starting Sunday, Biden and McConnell talked repeatedly, hammering out agreements on a complicated array of topics: income tax rates, inheritance taxes, huge budget cuts set to take effect in January. While they talked, the rest of Congress waited. And waited. And complained.  “There are two people in a room deciding incredibly consequential issues for this country, while 99 other United States senators and 435 members of the House of Representatives — elected by their constituencies to come to Washington — are on the sidelines,” Sen. John Thune (R-S.D.) said on the Senate floor in the afternoon.   Thune was wrong about one thing: In a day of phone conversations, Biden and McConnell were never actually in the same room.

But Thune was right that legislators had, essentially, been cut out of the legislative process. By the time a deal was announced, about 8:45 p.m. Monday night, there was little time for anything but a vote.“At least we would have had an opportunity to debate this, instead of waiting now until the eleventh hour,” Thune said.   By now, however, nobody on Capitol Hill should have been surprised at how this would end.  Monday marked the third time in two years that a congressional cliffhanger had ended with a bargain struck by McConnell and Biden. The first time came in late 2010, during a year-end showdown over the expiring Bush-era tax cuts. The second was in August 2011, during the fight over the debt ceiling. In both cases, Washington’s new power players — Obama and the tea-party-infused House GOP — couldn’t reach an agreement. They were saved by a bargain struck in Washington’s oldest tradition, not much changed from the days of Henry Clay except the size of the dollar figures and the presence of a phone.

Two men, both with 20-plus years in the capital, working out the final touches alone.  “Happy New Year!” Biden said to awaiting reporters, as he swept in to brief Democratic senators on the deal, around 9 p.m. “Don’t you enjoy being here New Year’s Eve?”   Washington’s two unofficial “closers” are remarkably different. The smiling, garrulous Biden has a reputation for empathy: You could spot him as a politician from 40 yards away. McConnell is reserved, deliberate and calculating. He looks like a politician only within the arcane, closed world of the Senate.   But their relationship was built over 24 years spent together in the Senate, where Biden served as a Democrat from Delaware.  “It’s not so much a buddy thing,” one senior Republican aide said. “The two of them can do business, they can find solutions together.”

McConnell, aides say, came to see Biden as somebody who could make decisions fast, and who could cut deals without lecturing his opponents or spiking the ball afterward. Biden, in turn, came to see McConnell as somebody who didn’t over-promise. He always knew what his supporters would accept.  “Mitch knows how to count better than anyone I have ever known,” Biden told an audience in 2011, during a visit to the center named after McConnell at the University of Louisville. The audience laughed. “This is not a joke. When Mitch says, ‘Joe, I have 41 votes,’ or ‘I have 59 votes,’ it is the end of the discussion . . . He has never once been wrong in what he’s told me.”   In this crisis, the two men were called upon when other politicians, far more central to the drama, had faltered.

First, Boehner failed the counting test. Before Christmas, the speaker sought to rally his fractious House behind a “Plan B” to raise taxes only for people making more than $1 million per year. They didn’t. Boehner pulled the bill and backed out of negotiations.  Then, Washington’s top two Democrats — Obama and Senate Majority Leader Harry M. Reid (D-Nev.) — proved unwieldy negotiators. Reid seemed to have trouble coming up with a fast counter-offer to a proposal from McConnell. Obama, fresh off reelection, was defiant in public and in private. Even on Monday, as a deal seemed to be drawing closer, Obama gave a televised speech in which he noted that Republicans had already caved on their key demand never to raise tax rates.

To some Republicans, that seemed like a premature and unseemly celebration.  “This is so disappointing. Why wouldn’t the president be sitting down with people working out this agreement instead of having a Republican-bashing event?” Sen. John McCain (R-Ariz.) said.  For Biden and McConnell, the catch is that — like the two men’s previous deals — this agreement doesn’t solve Washington’s biggest problems related to taxes and spending. The second fiddles had neither the time, nor the power, to do that.

Instead, they scheduled a new crisis in place of the old one, just a few weeks away. It appeared that the fight over budget cuts would be put off for only a few weeks, to coincide with a new showdown over the debt ceiling.  “This is disgusting, and everybody involved should be embarrassed,” said Rep. Steven C. LaTourette (R-Ohio), as the deal was coming together. The embarrassment, LaTourette said, would stem from the fact “that we’re talking about this small-ball — it’s not even small ball, it’s a Ping-Pong ball — of a proposal. I think it’s awful.”  As he emerged from a Democratic caucus meeting shortly after 11 p.m., Biden spoke briefly with reporters and photographers who awaited him.  “I feel really very, very good about how things are going to go,” Biden said. “Having been in the Senate as long as I have, there’s two things you shouldn’t do: You shouldn’t predict how the Senate’s going to vote before they vote. You’re not going to make a lot of money. And number two, you surely shouldn’t predict how the House is going to vote. So I feel very, very good. I think we’ll get a very good vote tonight. But happy new year, and I’ll see you all maybe tomorrow.”  Asked what he said to wavering members of the Democratic caucus, Biden smiled and said: “I said this is Joe Biden and I’m your buddy.”


  

Winners And Losers In The Fiscal Cliff Deal
(By Chris Cillizza , Washington Post, 31 December 2012)

The deal is, finally, done.   After the usual hemming and hawing, horse-trading and partisan hysterics, Congress and the White House have seemingly agreed to a deal to get the country passed the so-called “fiscal cliff.”  (Worth noting: The deal has yet to pass the Senate or House — meaning that it is not totally done just yet. But, it does appear to be as close to a done deal as possible.)  With the conclusion of this latest round of wait-until-the-last-possible-minute negotiations, we thought it made sense to cut through all the spin and give you what you really want — a list of who won and who lost in the cliff fight.   Our picks are below.  Agree? Disagree? The comments section awaits.

WINNERS

* Joe Biden:  Biden’s entrance into the cliff negotiations over the weekend-  after a personal plea from Senate Republican Leader Mitch McConnell - seemed to serve as a sort of oiling of locked Congressional gears. The press in the wake of the deal (and even in the runup to the final agreement) will focus on the idea of Biden as the closer, the guy who got the debt ceiling and fiscal cliff deals done for the White House.  Couple that image with the lead role Biden will play in whatever legislative package the Obama Administration comes up with on guns and gun control earlier this year and the “Biden as major White House asset” storyline writes itself.  That narrative helps Biden in the still-way-behind-the-scenes 2016 game too, although if the fiscal cliff deal is ultimately judged as having given away too much to Republicans, it has the potential to bite him down the line.
 
* Mitch McConnell: The working relationship — built over many years — between Biden and the Kentucky Republican is the story of these fiscal cliff negotiations; without it, there’s a very real possibility no deal gets done. McConnell stayed behind the scenes (as is his preference) for almost the entirety of the fiscal cliff debate but after House Republicans proved unable to move the needle, he stepped in to save the party. (Make no mistake: No deal on the fiscal cliff was a political loser for Republicans; this is an issue they needed to get off the table in order to find better political ground — debt ceiling — to make their stand.)  McConnell proved himself (again) as the “Red” of the Senate — he’s a man who knows how to get things.

* President Obama: It appears as though Obama learned the messaging lessons of his past political defeats on things like the economic stimulus.  From the start, the President sought to sell the need to raise taxes on the wealthy to the public in a campaign-style pitch that was heavy on the stick and light on the carrot when it came to Republican Members of Congress. Obama’s statement on the eve of the deal might have crossed the line to a bit of spiking the football — more on that later — but it was quite clear he believed he had finally won a message battle with Republicans. That’s because he had.

* Joe Manchin: Manchin’s proposal — known as the CALM Act — to help gently avert the fiscal cliff got him some positive press amid the broadly negative coverage of Congress. Manchin also emerged as the common sense centrist of record — the role long played by retiring Connecticut Sen. Joe Lieberman — during the fiscal cliff back and forth, not a bad place to be for a Democrat representing Republican-friendly West Virginia.

* Debt ceiling: President Obama’s initial proposal to take the power to raise the debt ceiling from Congress disappeared amid the negotiations over a cliff deal. That means that sometime in late February or early March, there will be (another) fight over whether to raise Congress’ borrowing limit. And, it’s likely to make the fiscal cliff fight look like child’s play when you consider the stakes.

* Legislative jargon: AMT. Chained CPI. UI benefits.  This cliff debate was an embarrassment of riches for lovers of Congressional-ese.  C-SPAN was in its glory.

LOSERS

* John Boehner: The fiscal cliff talks were cast as a moment for Boehner to cement his legacy as Speaker — to use his years of legislative know-how to find a way to get a “grand bargain” that would set the country on the right financial course through the Republican-controlled House. The exact opposite happened when Boehner’s “Plan B” failed to even make it to the House floor for a vote, a development that effectively sidelined him in the talks and raised questions about how much — if any — control he had over his fellow House Republicans. It’s near-certainty that Boehner will be re-elected Speaker on Thursday but his image clearly took a hit in the cliff negotiations.

* Congress: Members of Congress proved that all the bad things people say about them were, basically, true.  They do wait until the last minute to do anything. They are incapable (or close to it) of getting anything “big” done. Their idea of compromise is agreeing on a date sometime in the future when they will — seriously this time — make the hard decisions. The funny thing? Members of Congress, individually, know that what they have done with the debt ceiling and the fiscal cliff is bad politics. But they don’t seem to have the political will or ability to do anything else. Depressing.

* President Obama: Obama’s handling of the fiscal cliff talks felt pitch perfect up until his Monday event with “middle class” citizens. The rally felt too much like a campaign rally — Obama was repeatedly cheered — and the president himself was in a joking mood that didn’t seem to fit the moment.  Will it be overshadow the fact that he got a deal? No. But it was an off-key note from the country’s top communicator.

* New Year’s Eve plans: The Fix is not a big New Year’s Eve guy. (It ranks right up there with St. Patrick’s Day in our least favorite holiday list. And, yes, we have a list.) That said, lots of people in and around D.C. had plans to send out 2012 in style and, instead, had to sit around waiting for a deal to be done. What’s that? Only political reporters and Hill types did that?  Well, fine then.


 

Most Will Face A Rare Tax Increase With Or Without ‘Fiscal Cliff’ Resolution
(By Zachary A. Goldfarb, Washington Post, 31 December 2012)

Americans will face a broad increase in taxes Tuesday for the first time in at least two decades, ending a prolonged period of declining taxation that has become a defining characteristic of the U.S. economy.  Despite the tentative agreement reached late Monday to avoid much of the fiscal cliff, many Americans will see a higher tax bill because of the expiration of the payroll tax cut, which was enacted in 2011 as a temporary measure to boost economic growth. The tax holiday was preceded by a similar temporary cut in 2009 and 2010.  The deal negotiated by Vice President Biden and Senate Minority Leader Mitch McConnell (R-Ky.) addresses a separate tax — the income tax — and would prevent tax rates from increasing for all but the wealthiest Americans. But both sides have decided to leave the payroll tax out of the agreement.  

Unlike income taxes, which rise along with a worker’s income, the payroll tax is a fixed percentage of an employee’s salary. Allowing the tax cut to expire increases taxes on salaries by 2 percent for every American worker. Up to $110,100 a year in salary is subject to the tax.  This jump in payroll taxes, combined with other tax increases affecting the very wealthy as a result of the deal, would make for the largest increase in taxes in about half a century.  With the country going over the fiscal cliff for at least a day because Congress did not approve the deal before the year-end deadline, a wide range of taxes go up Tuesday, although perhaps only for a matter of hours. If lawmakers ultimately fail to approve the tentative agreement, it would mean thousands of dollars would come out of the pockets of average workers, the largest tax increase on Americans since World War II.

But support was mounting late Monday for the deal, which would extend lower tax rates for families earning less than $450,000. At the same time, higher-income earners would face steeper income taxes and potentially fewer tax breaks, as well as an already enacted new tax to pay for the Affordable Care Act health-care legislation.  For most American workers, the expiration of the payroll tax cut would be the only increase they experience.  With the end of the payroll tax holiday, a worker earning $50,000, for instance, will pay $1,000 more in taxes this year; a worker earning less than $20,000 a year will pay about $100 more. Someone in the upper fifth of households, making $150,000 a year, will pay about $2,200 more.   The increase in taxes on workers means that “the era of asymmetrical tax policy — where taxes can only go down — is over,” said Jared Bernstein, a former White House economic adviser. “What’s been weird is in this history of taxation in America, there’s been this long period when it’s been forbidden to increase taxes at all.”

While the Obama administration fought for the payroll tax cut in previous years to goose a weak economic recovery, the White House has been more ambivalent this year. Before the election, even as prominent Democratic economists and lawmakers argued in favor of extending the tax cut, the White House declined to call for its renewal.  Then, during its post-election talks with congressional Republicans, the Obama administration requested an extension. But Republican lawmakers were skeptical, viewing the payroll tax holiday as contributing to federal deficits because the Treasury had borrow money to replace payroll tax revenue, which ordinarily would go to fund Social Security. The administration quickly dropped the payroll tax cut from negotiations.  “I know for a fact that the White House economists think about it much the same way I do — as a very important part of stimulus in 2013 — but I think they just judged they couldn’t get it,” said Bernstein, who served as a top adviser to Vice President Biden.

The tax increases come after a period of tax cutting that began in 1997. That year, President Bill Clinton trimmed rates on investment income. President George W. Bush cut a wide range of taxes in six of his eight years in office, first as a response to projected budget surpluses and later in an effort to stimulate the economy.  President Obama continued the trend, cutting taxes in 2009 and then even more deeply in 2011, largely in response to the deep recession.  As a result, nearly half of American workers probably have never experienced a tax increase.  “We haven’t seen broad-based individual tax increases at the federal level in the last 30 years,” said Owen Zidar, an economist at the University of California. “In the 1960s through the 1980s, payroll tax increases affected most taxpayers, but the vast majority of broad-based tax changes have been cuts rather than increases.”

When considered as a percentage of the size of the nation’s overall economy, the increase in taxes set to occur Tuesday is likely to be largest in about 50 years, according to a study of previous tax policy changes by Jerry Tempalski, a tax analyst in the Treasury Department.  Payroll taxes last went up in 1988, when they increased by 0.72 percentage points.  Some very small tax increases have taken effect in recent years, including an increase in levies on cigarettes to pay for expanded health care for children and a tax on tanning salons to pay for Obama’s health-care plan. Clinton raised taxes in 1993, but that mainly affected the wealthy. (By contrast, state and local taxes have been increasing over the years, in part to make up for budget shortfalls caused by the recession.)

Middle-class Americans will not only be wrestling with higher taxes this year; they will also be earning less than they did just five years ago.  “Many more households are living paycheck to paycheck than just a few years ago given the very tough economy and the decline in real incomes. This amplifies the negative fallout from the expiration of the payroll tax holiday,” said Mark Zandi, an economist with Moody’s Analytics. “The still very weak consumer confidence, due in part to lower real incomes, also reinforces the negative impact of the end of the holiday.”  Economists say the expiry of the tax cut will be a major drag on the economy this year. Estimates suggest it could cost between 500,000 and 1 million jobs, leaving the unemployment about 0.4 percentage points higher than it otherwise would be.  Tax increases on the wealthy, by contrast, are expected to have much less of an effect on the economy.

Thursday, April 19, 2012

Tough Pricing Questions, Tougher Answers

(By Richard Turen, Travel Weekly, April 19, 2012)

Is it my imagination, or are the questions getting more difficult? Are consumers peppering us with test questions that require better responses than the industry standbys that served us well, lo these many years?  Of course they are. Our clients spend hours reading online reviews and hearing tales of our demise. But there are some voices out there, newly awakened, who still think we have value. They're suggesting that consumers take us for a test ride before making any commitment.  Here are a few consumer questions travel sellers have to deal with every day, plus snippets of the responses they might hear from better agents I've interviewed over the years.

Some of these responses are tough, almost guerrilla marketing in nature. I don't agree with all of these approaches; some of them are based on half-truths. But they're examples of how some of the most successful agents handle these tough questions. I do believe we've been fighting well-armed price predators with feathers. If you believe it's time to lock and load, that you're at war with commodity travel marketers, consider what follows a blueprint for battle:

Why should I use your services when I can book directly?

You're going to be charged for my services whether you use them or not. My fee is built into the cost of your travel product. If you book direct, the supplier simply pockets the commission, and you get nothing in return.

If you use my services, on the other hand, you have an advocate. You represent one booking to a supplier; I represent dozens, and my consortium represents many more. We have volume clout. You have none.

I am a caring consultant who will be with you every step of the way, beginning with the special documentation I'll send you. Book with Henry Headset and you're just computer data.

It sounds like I get no price benefits with you vs. booking direct. Why is that?

Suppliers set the value on the products they sell. They don't appreciate it when a seller demeans their product by selling it for less. So, yes, we will both have the same prices. But our agency has negotiated exclusive benefits for our clients, so our package will make you feel good about your purchase. It's always going to be in your financial interest to use our services.

Why should I book now? What happens if the price goes down later?

There are three key reasons to book now. First, early bookings guarantee a space on the tour date or in the cruise cabin category you want, with the best possible placement. There are preferred cabin locations in virtually every cruise category, and it is in your interest to reserve your space now.

The second reason has to do with marketing. Tour operators and cruise lines are reluctant to give those who book last better pricing than those who were willing to commit early. They hate having to go back to those already committed to paying one price to tell them they can now pay less. So the odds are that the earlier you book, the better the pricing.

An even better reason is that, sure, budget travel suppliers are constantly changing their prices. But we don't sell them. We look for price integrity before we will agree to represent a travel product. Thus, the tour operators and cruise lines allow us to automatically qualify you for any new marketing discounts. We guarantee price protection, so you have no worries.

After I called you, I called a discount travel agency and found that their price for exactly the same cruise was $450 per person less than your quote. $900 is a big difference. Will you match it?

We appreciate the opportunity to respond. Our relationship with [the supplier] is extremely close, and we can match the offer. However, we'll need a copy of the cruise line guest invoice. No price is legitimate if it doesn't have the imprint of the cruise line on the fare quote or a confirmation number. Once we receive your invoice with the lower price, we'll get back to you within 24 hours with a price match plus a gift for your time and trouble. If it's not a legitimate price, you at least will know that you were dealing with an unethical travel seller.

I'd like to book with you, but [fill in the blank]'s website offers a 5% rebate on any tour. Will you do the same?

You will typically pay more for your vacation in a year than you'll pay your physician, attorney or accountant. In those cases, would you choose the best professional or the one who offered you a rebate?

Tour companies hate rebaters, and you take some real risks by booking with one. Imagine being a guide on the first day of an upscale tour somewhere. As the guests mingle at the introductory cocktail party, one obnoxious couple lets everyone know that their travel agent was willing to work for practically nothing and rebated a good portion of her commission. Now the tour director has an unhappy group, some of whom might have been booked by one of the tour company's top-producing agencies. Tour companies have gone to court to prevent online rebating of their products.

Online rebaters clearly don't feel the tour is worth the brochure price, and thus they are unsupportive of the company. So, should there be problems while you're traveling, they will not be able to wield any influence on your behalf. You'd be working with an industry pariah, which is a real risk. Of course, our agency offers price protection. So just send us the quote and we'll bring it to the attention of the tour operator. If it is a legitimate price, we will match it.

Will I get a better price on my cruise from one of the large online discount sites?

They'd like you to believe you will, but most often you won't. Cruise lines simply do not want you to book their products online, because every online booking is thought to generate between 12 and 15 phone calls to the cruise line's reservations center; online bookers get little or no counseling about things like insurance options, safety issues, shore excursions, onboard dining options and reservations, pre and post arrangements and myriad other reservation issues.

What really gets the cruise lines upset is that they're paying the online travel agencies commissions, even though they're not doing their job. They would much prefer that you book with a professional travel consultant who can answer all your questions, not with some outsourced contractor in Mumbai.

We're price-checking at least four or five agencies and online brokers. We'll book with whichever offers the best quote. Will you send us your best price?

Of course not! We save our best rates for our most loyal clients, which is why we have such a high repeat factor and are successful.  If price is your sole criteria, you'll want to work with a part-timer doing agent work as a second job, with no industry standing. They'll rebate much of the 10% to 15% of the price that is their commission. I'd recommend that you first check them out with the Better Business Bureau.

If the very lowest price is not your only criteria, we suggest that you contact the first agent you invited to work on your vacation, because the truth is, all ethical travel agents get exactly the same rates on the tours and cruises they sell. Since the first agent has already spent time researching your request, we urge you to use her.