September 1, 1976

Bureaucrats Arrogant Beyond Belief

The arrogance of power is a phenomenon with which the average American has just recently become aware, but it is a frustration that business has had to endure for many years.

Every citizen has several experiences with government bureaucracy where arbitrary demands have been enforced simply because there is no appeal.

A few months ago, for example, my auditor noticed that I had not paid my Ohio business personal property (machinery) tax.  This is a tax billed to a company after the business firm has mailed in a complicated form listing the value of property.

The statement of value had gone in on time, but no bill ever came to my attention.

As a good citizen, I wrote the state saying they seemed to have overlooked me.

Mistake one.

That was in December.

In March I received a delinquent tax bill that included $450 penalty and interest.

I called the local tax office.  Oh, yes, they found my statement of value properly filed, but they did not know why I had not received a bill.  Just go ahead and pay the penalty and they would straighten it out later and give me a refund.

So I did.  Mistake two.

I pursued the matter, with the tax office in Columbus.  The top man finally said, "We have no record of receiving your return."

I can't make some nameless clerk admit in writing what he admitted to me over the telephone, so I resigned my self to a compromise.

"Okay, but remember it was I who brought the matter up in December and would have gladly paid then, but you did not send me a bill until March.  Surely you don't expect me to pay a penalty for your delay,"

Then I received the typical bureaucratic kiss off:

"Our files disclose that the preliminary assessment certificates were issued under date of Aug. 22, and your letter was postmarked Dec. 8.  The Ohio Revised Code requires that application for review must be made within 30 days after the mailing of tax notice, therefore the tax commissioner is without authority to docket your letter."

Isn't that a beaut?  It's like saying, "If you don't get this letter, let me know."

And, as a taxpayer, I discovered the bureaucrats' statute of limitations for errors is 30 days.  However, the taxpayers' liability is seven years.

Now comes the Federal Trade Commission with an order to the eight largest U.S. oil companies to save every scrap of business paper from 1950 until further notice.  Just how the companies are going to recover the tons of waste paper thrown away for the past 25 years is a mystery only a government bureaucrat can conjure up.

Apparently the FTC feels it may want to turn its hired help loose on this mountain of material to hunt for evidence.  The pet project of that unelected, but powerful regulatory agency is to "divest" the oil companies of certain profitable operations.

The FTC calls the paper to be saved "documents."

In classic, bureaucratic gobbledygook, it then defines what it really means.

For those of who are yet untouched by official arrogance, take a deep breath and fight your way through the FTC definition of document.  Remember, your tax dollars are paying for this.

"Documents" means all written, recorded, transcribed, punched, taped, filmed, or graphic matter of every type reproduced, disseminated, or made, including but not limited to books, records, memoranda, papers filed with public or governmental authorities, court pleadings, briefs, decisions in which company or any of the business entities of your company was a party, statements, reports, studies, contracts, agreements, printouts, telegrams, Telex or TWX communications, cablegrams, letters, drafts, circular, pamphlets, notes, diaries, calendars, ledgers, journals, logs, maps, plats, charts, tabulations, press releases, test reports, surveys, plans studies, indices, manuals, guides, outlines, abstracts, tables, diagrams, graphs, work papers compilations, summaries, histories, agendas, minutes, and records of meetings, conversations or communications, which are in the possession, custody or control of your company, any of the business entities thereof, or any of the officers, directors, employees, or agents of your company or any such business entities.  The term 'documents' also includes voice recordings, reproductions, microfiche, microfilm or other film impressions, and videotapes and audiotapes of any of the aforementioned writings, all punch cards or other cards tapes, recordings, or other data compilations use in data processing, together with the programming instructions and other written materials necessary to understand and use such punch cards, tapes or other recordings, which are in the possession, custody, or control of your company, any of the business entities thereof, or any of the officers directors employees or agents of your company or any of such business entities.  The term 'documents' also includes copies of documents which are not identical duplications of the originals, or which contain written additions to or deletion from the originals, and copies of documents of originals of which are not in such possession, custody, or control."

Don't laugh at the predicament of business in dealing with the arrogance of power.

You're next.

Author: Lindsey Williams