Advocacy / AMAC Action On Capitol Hill

AMAC Joins Coalition in Seeking Pro-growth Executive Order

growth conservative Scandal Democrat Republican capitol House democratsPresident Donald J. Trump
The White House
1600 Pennsylvania Avenue
Washington, DC 20500

Treasury Secretary Steven Mnuchin
U.S. Department of the Treasury
1500 Pennsylvania Avenue
Washington, DC 20220

September 26, 2017

Dear President Trump and Secretary Mnuchin,

On behalf of the following organizations representing millions of American taxpayers, we write to strongly recommend that you end the tax injustice that is currently included in the computation of capital gains. Specifically, we request an Executive Order that would index capital gains to inflation so that taxpayers do not pay taxes on “phantom” gains.

For much the same reason that income tax brackets were indexed to inflation over 30 years ago, we believe that it is only a matter of fairness to do the same for capital gains.

For example, if someone saving for retirement purchased an S&P index fund for $1000 in 1997 and dutifully held it for 20 years, they could now sell it for $2665. That’s a gain of $1665. Unfortunately, the full amount would be subject to taxation. But $538 of that $1665 isn’t a real gain at all. It’s phantom income that was eaten away because of inflation. And yet, taxpayers are currently forced to pay taxes on this nonexistent income.

Signing this Executive Order would have an immediate, pro-growth effect on the American economy. The real after-tax rate of return on all equities would immediately be priced higher – thereby increasing the wealth held by the millions of working and retired Americans who own 401ks, IRAs, mutual funds, and brokerage accounts. It would further encourage people to expand their savings, and incentivize people to start doing so. By preventing the money from unjustly going to the government, it could be re-invested in the economy, allowing businesses to expand, innovate, and create more jobs.

We strongly believe that this Executive Order is a pro-growth “down payment” that will help ignite the broader conversation about tax reform. And our groups look forward to the opportunity to continue working with the Administration to enact comprehensive tax reform this fall.


David McIntosh, President
Club for Growth

Adam Brandon, President

Michael Needham, Chief Executive Officer
Heritage Action

Phil Kerpen, President
American Commitment

Jenny Beth Martin, Co-Founder
Tea Party Patriots

Judson Phillips, President
Tea Party Nation

Larry Kudlow
Committee to Unleash Prosperity

Brian Wesbury, Chief Economist
First Trust Advisors, LP

Pete Sepp, President
National Taxpayers Union

James L. Martin, President
60 Plus Association

Lewis K. Ulher, President
National Tax Limitation Committee

Heather Higgins, President
Independent Women’s Voice

Rick Manning, President
Americans for Limited Government

Grover Norquist, President
Americans for Tax Reform

Karen Kerrigan, President & CEO
Small Business and Entrepreneurship Council

Andrew F. Quinlan, President
Center for Freedom and Prosperity

Becky Norton Dunlop
Former Advisor to President Reagan

Ryan Ellis, Senior Tax Advisor
Family Business Coalition

Dan Weber, President
Association of Mature American Citizens

Bob Carlstrom, President
The Carlstrom Group, LLC

Jeffrey Mazzella, President
Center for Individual Freedom

Tim Huelskamp, Ph.D., President
The Heartland Institute

Chrissy Harbin, Vice President of External Affairs
Americans for Prosperity

Jorge Lima, Executive Director
The Libre Initiative

Nathan Nascimento, Vice President of Policy
Freedom Partners Chamber of Commerce

David Barnes, Policy Director
Generation Opportunity


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4 years ago

No body seems to under stand we have 3 branches of Govt, ( WELL MAYBE NOT ) a Constitution ( WE THE PEOPLE ) and a Bill of Rights ( NOT GIVEN TO US BY MEN ) Our Congressional, Executive and unconstitutional alphabet soup leaches think one person can dictate any law the want. And the Sheeple have let the wolf protect the chicken house! Our children being indoctrinate by the wolves! MOLON LABE!

Ivan Berry
4 years ago

As an important aside despite whether you are for or against unconstitutional executive orders, it would be a good idea to keep a list of sponsors and signers of this letter requesting same. I have them archived so as to not fall easily for any further items of their agendas. Most of them claim conservatism. Their definition must not coinside with mine. How about yours?

4 years ago

1) What AMAC wants is outside the powers of the President. AMAC is asking for the President to revise tax law. That is the sole responsibility of Congress. Executive orders are NOT for revising existing laws. Only Congress can do that or have you learned NOTHING from the Congressional farce surrounding Obamacare. If Trump could legally merely issue an executive order to change existing law, in this case simply render Obamacare null and void or radically changed the law, he would have done so Day One. The same holds true of what you are asking Trump to do for capital gains taxes via an executive order.

2) The solution you propose is ludicrous. It compounds the complexity of the tax code and would only add to the nightmare of tax preparation as one would not only have to record the baseline cost of the stock purchased, but also factor in the annual inflation factor for each year the stock is held until sold. The alternative to having to calculate that number would be for the government to produce an inflation factor table that would have to be referenced to account for the inflation factor associated with the years you owned the stock. Another ludicrous process to go through, that would only add complexity and cost to tax preparation.

3) The answer to this whole issue is to NOT tax capital gains in the first place. There are other countries that do this. Outside of 401K’s and IRA’s, which are tax deferred vehicles in this country, almost all individual Americans buy stocks and bonds with after tax dollars. Thus a tax has already been paid on the seed capital. Any appreciation in value of the stock should be tax free, After all, capital investment is a risk and the value of a stock can both rise and fall. By elimination of capital gains taxes and the reciprocal capital loss off-set, you encourage investment in this country, simplify the tax code and allow long-term investors to retain the full gain that the federal government had no hand in producing.

Ivan Berry
4 years ago
Reply to  PaulE

Very well stated, PaulE. It seems that the other branches wish to do the jobs relegated to the Congress alone while the Congress itself declines to do their stated function. They leave it to other branches or to departments and agencies that are extra-constitutional and unaccountable to do it for them so as to dodge responsibility and not dirty their already dirty hands.
The VIII th Amendment states that no cruel or unusuel punishment is to be inflicted. It along with the rest of the Bill of Rights were Ratified on Dec 15, 1791. For two-hundred years executions were not prohibited. Then, in 1972 the supreme Court outlawed the death penalty. But then again, in 1976 they reversed and made it once more legal to execute in capital cases.
Case law and precedent is only as constant as the Courts decide. Why then do we allow said Courts the power to determine any law, since they can change law at a whim?
To resolve this one issue would only require Congress to at last define cruel and unusual. But they will not even attempt to. It still remains that the only solution is to get States to Nullify and the population to replace Congress –almost totally. Otherwise it’s a long hard road to perdition (and that is not a town in Texas–at least, I don’t think so). Congress also has oversight of the federal Courts, including the supreme, but they will not even get involved with that. Congress, the so-called most powerful of the three is totally useless.

4 years ago
Reply to  Ivan Berry

I watched the Surrender Monkeys of Congress (the GOP members of both houses) file out one after another today for the TV camares to announce that Obamacare repeal (what repeal are they talking about since they never put anything forward to do that this year?) was once again dead. That now it was “time to move onto tax reform”, but every single one of them refused to give one detail. I expect that what they announce tomorrow will be a HUGE disappointment. Like I have said before, aside from the Freedom Caucus and maybe one or two Senators, the people have no representation in Congress.

The State Nullification is a nice thought, but how many states outside of Texas, Montana and maybe Wyoming would actually go along? As a nation, we ceased being a constitutionally conservative nation a while ago. The most recent evidence of that being the number of obvious RINO’S who won re-election last year. McConnell, Ryan, McCain, Graham, Rubio, etc. all won re-election last year and they are all impediments to getting anything beneficial done. I could list all the rest as well, but you get the point. Clearly too many people simply vote for whoever runs the slickest TV ads or whose name they recognize. We are a dying breed of voter. People who actually care more about the constitutional integrity of our society and a candidate’s voting record, than you runs the best ads or looks better on TV.

Ivan Berry
4 years ago

This is much like asking for an Ex. order for the Treasury to ask the FED to raise interest rates so the government could reduce revenue rather than reduce spending and old folks’ safest investments could still offer good returns. As far as inflation goes, the figures on that are bogus.
Congress was given the power to tax and spend, and they have been expert at that. They even passed legislation making the old 20 dollar gold piece exchange rate of no more than 50 dollars when spent as currency.
We need to dismantle the administrative state, not enlarge it. But why bother. Government just goes on it’s merry way. So far Trump cannot get Congress to apply his agenda. But Executive Orders?

4 years ago
Reply to  Ivan Berry

Yes Ivan, it appears AMAC is just pumping out “feel good” press releases. Their request isn’t even constitutional. Read my response to them. I was a bit more direct is highlighting the flaws in their approach. While indexing capital gains can be included in any tax reform legislation put forth by Congress, the President cannot simply decide to change existing laws via executive orders. Obama tried that a number of times in his two terms and the Supreme Court struck them all down.

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