The Joe Stack Suicide Note - What is he talking about?

Firstly, this post is not to endorse, condone, encourage or other such stuff as violence, suicide, murder-suicide, homicide, rampages or screwing with the IRS. If you do that you are out of your mind, hurting the cause you wish to bring to light and are just plain an idiot. You're also taking out external problems on yourself and others causing great suffering of innocent people. Do not go there, ever, ok?

If you're a techie and you got wiped out financially:

  1. you are not alone
  2. you need to join forces with other techies and get a political voice

Put your anger and outrage where it belongs and demand political action through the right channels. Behavior as Mr. Stack here, is never justified.

If you are going to the dark side, look, that doesn't help anybody and all you're doing is helping the bastards win.

Now, onto Joe Stack's suicide note, which is attached here because the FBI is busy bringing down this guy's website and monitoring all of his online activity, due to their investigation.

The relevant passage is Sec. 1706 of the IRS code:

SEC. 1706. TREATMENT OF CERTAIN TECHNICAL PERSONNEL.

(a) IN GENERAL - Section 530 of the Revenue Act of 1978 is amended by adding at the end thereof the following new subsection:

"(d) EXCEPTION. - This section shall not apply in the case of an individual who pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work."

(b) EFFECTIVE DATE. - The amendment made by this section shall apply to remuneration paid and services rendered after December 31, 1986.

Now why would that be a reason for an engineer to go down the slippery slope of rage based insanity?

Because when Congress changed the IRS code, and the IRS who interprets the law, it destroyed thousands of engineering independent contractors status. In the past, an individual could act easily as a small business, complete with all taxes and deductions allowed to a small business and take on projects directly with large companies, working in house, using their engineering workplace.

In fact it is necessarily for a consultant to do so on large, complex projects where equipment being used for advanced R&D is in the millions of dollars.

Independent consultants peddle their expertise, a unique niche of specialty skills.

But when the IRS did this, to capture those lesser skilled individuals who were being denied permanent employment and benefits so a corporation could save a buck, instead they captured these very experts, who ran their businesses by moving from technical firm to technical firm, utilizing their specialty skills and knowledge per project as needed.

That independent consultant, engineer, was charging lawyer rates, $100-$600 an hour, and the firm, corporation contracted with that individual directly. Just like attorneys or marketing strategists or financial advisers, these skills are only needed for a period of time, hence are really a small business service and not amenable to long term permanent employment. These are specialty skills, needed for a particular project or period only.

Corporations would pay those rates and still do, for they needed that level of expertise, but unfortunately, again to the Sec. 1706, the engineer no longer is getting that money, instead a 3rd party contract house is, like a glorified slave trader.

Even worse, corporations will only use certain contract houses and it's not based on skills, expertise, ability, it's all based on some inside contract arrangement and preferred vendor status. Get it? Now trading people is considered to be a vendor. One is just a body and individuals with their technical expertise are traded like sacks of corn and potatoes.

In 1987 when Sec. 1706 passed, corporations ran scared and instead used a host of 3rd party vendors, as IRS buffers, who turn around and take 20% to 80% of that contractor's gross receipts, paid out as 1099-misc. That 3rd party does nothing but act as an IRS buffer so a corporation will not be held liable if that independent consultant is deemed to be an employee of that firm.

Engineers and specialty skilled consultants are not the same as other types of contractors or even programmers. Often a firm needs this expertise, but per project, often lasting at least 1 year to 5, but they do not need these specialty skills longer than that because the project is then over.

So, what the IRS did was screw over thousands of highly skilled independent consultants and made 3rd party contract houses, like Manpower, Kelly Services, etc. proliferate and in fact these contract houses plain steal from the consultants pocket and offer nothing except a legal buffering for a corporation to avoid paying FICA and other taxes.

Here is an example of yet another organization making a killing out of stealing from the independent consultants pocket's by simply providing a legal buffer for the corporation using that consultant.

So, while the actions of Joe Stack are not condoned the reality is he's right on this point. Sec. 1706 was basically legal theft from an entire occupation sector, the high skilled technical and professional consultant.

Bear in mind when dealing with these 3rd party contract houses, they just take a cut of the money, they are not providing health care, insurances, retirement or even the ability to obtain unemployment insurance after a contract is completed.

AttachmentSize
stack.letter.pdf1.99 MB

Comments

The unifying concept is "rent seeking behavior"

(A la) You write:

In 1987 when Sec. 1706 passed, corporations ran scared and instead used a host of 3rd party vendors, as IRS buffers, who turn around and take 20% to 80% of that contractor's gross receipts, paid out as 1099-misc. That 3rd party does nothing but act as an IRS buffer so a corporation will not be held liable if that independent consultant is deemed to be an employee of that firm.

That 20-80% extracted from the contractor is a rent. No doubt the corporations who benefited from it diverted a small portion of the resulting income stream to one or another of our "elected" "representatives."

 

it really makes no sense so it's something smelly

One wouldn't put a special clause to target an attorney or a MD or an accounting firm, yet here is the IRS making a special case for the technical occupations, making it very tough to do a small consulting businesses and be profitable.

I hadn't heard of this "rent seeking" before.

 

David Kay Johnston - New York Times

Just wrote an article expanding on what I'm describing in the above post. He confirms this is a bad law against an entire group, that being the high skilled technical and there were many calls for repeal, yet of course Congress did nothing.

The day before Stack did this horrific act, the Obama administration went on the war path to crack down on all contractors.

It would be one thing to go after those who are really employees, where businesses use contract law to avoid even paying minimum wage, but the highly skilled engineer is a different animal entirely. Imagine if they had done this to attorneys. It would have destroyed many a practice.

 

Is this really a problem?

Facts: The staffing companies do provide health benefits, 401(k) and other insurances. Contractors may and do claim unemployment. I worked at the corporate offices in a leadership role of one of the largest IT staffing firms for 14 years.

So what is the problem? The free market determines how much IT contractors get paid on a W-2 basis just as it would on a 1099 basis. Contractors are getting paid what they are worth. Note that I also worked in the UK operations for 3 years where the equivalent of 1099 (LTD) is much more prevalent. There was no discernible difference in rates for those that were equivalent of W-2 (PAYE) or 1099 (LTD).

The issue is that the IT contractors want to be 1099 so that they can try to decrease their taxes - often through a bunch of questionable deductions. Think about it: If an engineer is on a five year assignment what business expenses does he / she really have? They go to work from 8-5 just like everyone else.

And factor in health benefits. It costs a whole lot more to get benefits as an individual than as being a part of pool of a company. Isn't Anthem in CA increasing rates by circa 35% for individuals this year? The answer again is that IT contractors want to make up a bunch of business expenses to deduct - and enough so that it would be greater than the massive difference in insurance costs.

 

Staffing agencies aren't the solution to health care

"The staffing companies do provide health benefits, 401(k) and other insurances"

Benefits? What a joke.

First off healthcare is a serious problem and staff agencies certainly don't fix that. If we had affordable health insurance (no easy denial of coverage) for individual contractors then your claim to benefits completely disappears.

As far as 401K, everyone is on their own these days. How much do companies contribute? $2K a year? If I had my own contract as a 1099 I could easily make up that much.

Other benefits? Like what? When you get a contract as a 1099 you calculate costs for an accountant, federal holidays, etc. You're staffing agency isn't giving anything any smart tech worker couldn't get for him or herself.

You end with health benefits, and I agree that today this is a problem. If an indy contractor gets sick and is denied coverage they are in trouble but staffing agencies aren't the solution, health reform is.

 

that's just not so

and on top of it, often contractors are still paid in 1099-misc, or if W-2, you're missing the point, that's 20-80% less in gross receipts (pay) than they would have gotten. If it's W-2 then it's very rare to see a contract house offer any benefits and if they do, they are skimpy at best. But the reality is these contract houses are not paying benefits, you cannot collect unemployment and they are charging the company where the worker is being contracted to, $200/hr when the actual worker might be getting $60/hr.

Free market? I don't think so, this is pure manipulation and is anti-free market because the contractor cannot work freely as their own agent.

If a contractor is paid 1099-misc, they are responsible for their own self-employment taxes, like FICA, Social security on top of it, which can be as high as 25% of gross receipts but in almost every case that worker must pay for themselves health insurance premiums, costs, life insurance and retirement plans. They are whittled down to nothing, especially considering the years of skills and education required to do these jobs.

 

Facts

Any W-2 employee who is terminated for lack of work can claim unemployment. That is law. We closely monitored our unemployment claims because we had so many (we provide comapanie a contingent workforce). If someone had a project end, then we did not challenge their claim and would work hard to find them another position. If they had quit voluntarily or had been terminated for cause, then we would challenge it. The courts look at it from a perspective of unemployed worker vs. big corporation, and look for anyway to find for the unemployed person. We really had to have our ducks in row with documentation or we would almost always lose.

$60 pay vs. $200 bill rate? Of course I can't rule out that hasn't happened; it is very far from the norm. The average markup range is 35-50% - depending upon the skill sets, pay rates and the volume. $60 x 1.35 / 1.50 = $81 - $90.
Go look at the financials of publicly-traded IT staffing firms. You will see the pre-tax income % is in the 1.5% - 2.0% range. Then looking at their gross profit. You will see it confirms what I have outlined above. It is a highly-competitive industry and the free market dictates the pay and bill rates. Maybe the 20-80% decrease was true in 1987 as the transition happened, but 23 years later the staffing market has matured and IT contractors make what they are worth.

Then go look at the websites of some of the IT staffing firms like Volt, Manpower, Kelly and TEKsystems. You will see they all offer health benefits. How much they cover as far as premiums will vary - just as it does with the rest of the work world. Bottom line is that it is a compensation cost just like salary; and an individual is worth what the market will pay for their services. If you are working with an agency that doesn't offer benefits, then find another.
The issue is whether the work one does qualifies as 1099 work. If they really exercise control over the work and are financially at risk for the work product, then they qualify and can operate lawfully as 1099. The reality is that most IT contractors go to work from 8-5 like full-time employees and get paid for all hours worked irrespective of the quality of their work. These are the same folks that are complaining about not being able to be 1099 because they want the ability to deduct a bunch of "business expenses" to drive down their taxes. Why should someone get to deduct the expense of their tax accountant, home office, business meals, etc. while W-2 workers can't if they are doing the exact same work?

Bottom line: If someone really is a 1099, then they qualify. Otherwise they are regular employees and are getting paid what the market pays. And the reason that most of the IT contractors we had working for us didn't want permanent positions with our customers is because they could make more money contracting. The free market works. What is hurting IT workers is that their work in now being done abroad for much cheaper. The same is happening in manufacturing, call centers, etc...the world is flat.

 

what a surprise some glorified slave trader shows up to claim BS

Look jackass, we WORK in this field, and we KNOW what goes on. Don't try to justify or claim that somehow you're providing a legitimate company because you are NOT.

No, the world is not flat, your brain is flat and you're lying your head off on everything here from benefits to wages to unemployment insurance.

No, that's NOT "market wages" by a long shot. I don't think VOLT trying to get an engineer for $25/hr is "market" wages.

Get a real job and stop preying off of tech workers.

 

Sorry, it's not strictly BS

I've mostly been a fulltime employee in my career but I had a few months of unemployment punctuated by some gigs as a contract programmer, and I did have health insurance. It wasn't very good health insurance but it was health insurance. I don't remember if I ever had to use it in my brief stint as a contract programmer. And I drew a week of unemployment in between gigs. It mostly sucked and I never really looked back when the permanent offer came.

But frankly, the need to constantly market myself, and the fact that the H1B invasion had basically slashed the rates that were then being paid for contract employment basically took all the luster away from this mode of employment for me. My second contract gig was for less money than the first and the direction was clear. The tax code never entered my considerations.

Yes, the system stinks, but I'm not endorsing Stack's conclusions. Your mileage may vary.

 

Defending the indefensible

The agencies get between the contractor and the work. They offer nothing else. I've worked for Volt and a number of others and they bring nothing to the table and offer nothing of value to either the contractor or the client. I've been doing this on and off for ten years now and have nothing but the deepest contempt for the parasitic agencies who have screwed me over one way or the other so many times.

On every interview I've had with an agency, I've had to explain what the technologies are, what the job consists of - they never knew themselves: I've had to infer it from the job descriptions. My skills and background are then misrepresented to the hiring/contracting firm. I find, sometimes two or three weeks after the fact, that I've not gotten the position because the rent-seeking parasite representing me screwed up the negotiations over money.

All of the managers I've dealt with are baffled that they can't engage my services directly and have to go through an organization that skims 30-50% off the top IN RETURN FOR NOTHING. The law is flawed. Hopefully, it will change and you're sorry ass will be free-marketed out on to the street.

 

it is flawed and if you read the David Kay Johnston article

linked above, Congress knows full well it's flawed and did (as usual) nothing.

Even worse, Obama was going to "crack down" on contractors...
what are the odds that meant technical professionals and not those trying to manipulate contract law to pay less than minimum wage, which goes on heavily in unskilled labor?

I hope others write, about this because since people need to eat, work, pay bills, it's very rare for most to call the truth on these contract houses...

but I find it so digusting this entire industry exists when they offer so little, get in the way of the technical people, projects, making money, good work and also their attitude towards technical people.

They are parasites in my view and someone in Congress should get some bug spray!

 

Where's our organization?

It's been 24 years since this law was passed, and honestly, are we any closer to a solution? Evidently not, if Mr. Stack is somehow representative of this issue as some here want to make him.

But we need a different strategy.

Here's my take:

1) H1B abuse and offshoring are much more central to this problem than this provision of the tax code. We're a tiny number of people easily disregarded by politicians of every stripe. If we can't do anything about H1B abuse, what makes us think we can do anything about some obscure provision of the tax code that, frankly, does little but deny us the right to get the same favors as other members of the elite where we formerly were placed get.

2. As for health care and the rest, let's recognize that we have common cause to make with the guy who drives the fork lift truck or the women who vacuums our floors at night, and stop worrying about getting admitted back into the elite ranks of society. We should be for Health Care Reform before we're for special tax breaks.

3. Yes, there are parasites. The contract houses are one such group but they work hand and glove with the big corporations who want it that way. They are equally parasitic. They want it that way because they don't have to "manage" our pesky little asses, they can farm it out and do what they do best, spin bullshit for Wall Street.

4. We don't have any public spokesmen. When Bill Gates makes his annual pilgrimage to Capitol Hill to argue for lifting H1B ceiling without regard to unemployment rates of American tech workers, where is our representative who can call bullshit on that? Let's take as a model the Iraq-Afghanistan vets, who have articulate spokesmen who appear on the media and before Congress. Where are ours?

Any and all of the above is much more valuable than allying with the no-taxers, the tea-baggers, and the Ayn Randers. For 25 years we've allowed our concerns to be diverted into that kind of crap. And what has it gotten us? Mr. Stack as a poster child for our legitimate concerns? Terrific.

Time for a change.

 

I agree with much of what you say

He's no poster child here, and H-1B, L-1, outsourcing, age discrimination have done much worse to the career, although Sec. 1706 is an important issue.

Health care? It's so full of lobbyists and then you have regular people arguing over? I mean it's the lobbyists, the gougers and they are writing these bills too as I understand it.

 

organizing

this site could be used to help organize but we need more people writing and participating.

 

Yes, this really is a problem.

I've worked with and for a large number of contracting agencies now and, universally, they are rent seeking parasites who 1) have a poor understanding of the client's business and needs, 2) offer little or nothing in the way of service to the hired hand, 3) skim 30-50% off the top for no other reason than that, like ticket scalpers, they get between the hired hand and the job. I have my own insurance, thank you, and it suits me just fine. I get calls for any number of extremely incompetant nitwits at agencies who completely fuck up my chances of getting a position I could have talked myself into easily because they don't know what they're doing. What I want to do with my business is hire others and grow it as a genuine consultancy (not a useless body shop) - but I have a host of scalpers between me and the job. Scalpers whose own jobs would not exist but for an inane law. There is nothing free market about it.

 

Point of clarification

The issue isn't whether placement agencies offer bennies or not. The issue was the design of the law: temp agencies lobbied for it, so, the law enshrines agencies with the power to relieve the client of risk against the DOL crackdowns.

If high-skilled independent contractors, and people who were being abused via independent contractor status, united, hired a lobbyist or did lobbying themselves (you make appointments and fly to DC together), the law would have been designed differently.

A law that allowed a contractor the option to sign away their W2, thus protecting the client, if their hourly net rate was, say, above $100 an hour, would have worked just as effectively.

Not only that - it would have forced the temp agencies to pay that high rate as a "minimum wage"!

 
Syndicate content