Thursday, November 12, 2009

Opinion

Sam Dealey

Another Rangel Property Scandal?

September 05, 2008 04:44 PM ET | Sam Dealey | Permanent Link | Print

Already facing questions about one sweetheart property deal, New York Rep. Charlie Rangel now finds himself in another property brouhaha. The longtime Democratic congressman from Harlem has failed to report at least $75,000 in rental income from a luxury beachfront villa he owns in the Dominican Republic.

Evidently this is because Rangel, chairman of the House Ways and Means Committee and the chief tax writer for the United States, doesn't know that money derived from an asset is called "income." Here's how the New York Times described what his lawyer, Lanny Davis, had to say:

"Mr. Davis said the congressman did not realize he had to declare the money as income, and was unaware of the semiannual payments from the resort because his wife, Alma, handled the family finances and conferred with their accountant, John Viardi, on tax matters.

"The money was never sent to the Rangels directly, according to Mr. Davis and resort records, but was used to defray the mortgage the company gave them when they bought the villa and $23,000 in subsequent construction costs in 2003."

None of this passes the smell test. For starters, Rangel was aware he had to declare the money as income—he did so routinely in Schedule III filings in his financial disclosure statements to Congress. What's more, while Davis alleges the income was never sent to Rangel "directly" but instead was "used to defray the mortgage," those same disclosure forms show Rangel stopped listing the Punta Cana mortgage as a liability in 2003.

But here's the kicker: According to Rangel's financial forms, the Punta Cana property represents his single largest asset. Are we really to believe that the top tax-law writer in Congress, in his late 70s and surely approaching retirement, never took an interest in its performance?

Rangel has longstanding ties to the resort's owner, Theodore Kheel, so it's unlikely he just forgot about the property. Since 1993, Kheel and his late wife, Ann, contributed at least $69,469 to Rangel's campaign committees. What's more, in 2005, Rangel began listing himself as a board member to the Ann S. Kheel Charitable Trust, a foundation established by Kheel after his wife passed away. So far, the trust's largest reported donation has been to the City College of New York—$440,000 for the future Charles B. Rangel Center for Public Service.

This one stinks. Either Rangel evaded paying taxes, or—as his lawyer alleges—he doesn't even know the basics of the tax system over which he presides.

Tags: taxes | Charles Rangel

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Reader Comments

It's Always the LIttle Things

How could Charlie get in this much trouble for little upside? See Writing Frontier's "It's Always the Little Things" at http://writingfrontier.com/2008/09/12/the-little-things/

Media ignoring this.

Why is this story such small news. If Rangel were a Republican, this story would have been covered everywhere.

Rangel's Investment in the D.R.

Whether or not Mr. Rangel owes taxes on "unreported income" from his villa in the Dominican Republic depends on how that investment was structured, and the full details are not yet clear. For example, did he and his wife list themselves on their returns as actively or passively involved in the management of their property, or was it managed for them? it sounds as though it was a passive real estate investment. Did they receive income from a rental pool at the resort or only from renting out their own villa? Big difference there. What do the news reports say? As for depreciation, are they using a 40-year straight line depreciation? We don't know what depreciation method they've used, and so it's too soon to say that the 20 year old property was fully depreciated for tax purposes.

None of this is to defend Mr. Rangel. He has an accountant, who should have been on top of things, and we may yet find out that this is a simple case of poor oversight rather than misfeasance. It does show, however, that the IRC is very complicated, apparently too complicated even for the chairman of the Congressional tax writing committee, and the lesson to be learned, Mr. Rangel (and I'm talking directly to you), is that the tax laws of this country need to be simplified. Can we now count on your help?

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Sam Dealey is a contributing editor at U.S. News & World Report and Reader's Digest. He has written for many publications, including Time, GQ, the New York Times and the Wall Street Journal.

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