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Enron Didn't Pay Income
Taxes 4 Of 5 Years

By Susan Cornwell
1-18-2

WASHINGTON (Reuters) - Fallen energy-trading giant Enron did not pay U.S. income taxes in four of five years through 2000, receiving tax refunds totaling close to $400 million in the period, the head of a tax watchdog group said on Thursday.
 
Robert McIntyre, director of Citizens for Tax Justice, a labor-backed tax research group, said he had analyzed Enron's financial reports for 1996 through 2000, the most recent year for which they were available.
 
He said he found Enron had used hundreds of subsidiaries in tax-haven countries, as well as deductions for stock options, to avoid paying taxes.
 
``They made more money after taxes than before taxes,'' McIntire said. Other companies have used similar techniques, he said.
 
The Citizens for Tax Justice did a similar study in 1998 of half the Fortune 500 companies. ``Out of 250 companies, we found 24 that didn't pay taxes over 3 years,'' McIntire said. ''So that's about 10 percent of them.''
 
An Enron spokesman had no comment, other than to say that in 2001 the company paid $60 million under the corporate alternative minimum tax.
 
SENATE FINANCE COMMITTEE PROBE
 
The Senate Finance Committee is investigating whether Enron has been complying with federal tax laws, said spokesman Mike Siegel.
 
``Clearly the chairman, (Montana Democrat Sen. Max) Baucus, as well as other members on the committee, are interested in whether Enron had been in compliance with federal tax laws, and to that extent, we are communicating with the proper federal authorities to gather the facts,'' Siegel said.
 
``Once the facts are known, we will proceed accordingly,'' he added, but said there were no hearings scheduled at this time. The committee is one of more than a half-dozen on Capitol Hill that are investigating various aspects of the Enron collapse.
 
An IRS spokesman, speaking on condition of anonymity, said the agency could not comment on reports it is looking at Enron's tax filings.
 
``If we were, we couldn't say so. If we're not, we can't say we're not,'' he said. IRS regulations on taxpayer privacy apply to companies as well as individuals, he said.
 
Once a Wall Street titan, Enron's stock slid dramatically last fall and it filed for bankruptcy on Dec 2. Its spectacular demise has sparked Capitol Hill inquiries as well as investigations by the Securities and Exchange Commission and a criminal probe by the Justice Department.
 
HUNDREDS OF SUBSIDIARIES McIntire said he had found Enron listed 880 subsidiaries in tax haven countries such as the Cayman Islands and Mauritius. ``They list them in fine print in the annual report,'' he said.
 
In the year 2000, Enron got a tax refund of $278 million, he said. This was the largest of the refunds in the study. Of the five years he examined, only in 1997 did Enron pay taxes, the records showing a payment of $17 million, McIntire said. Altogether, the tax refunds over the five years added up to $381 million, he said. McIntire said the company may have benefited from provisions that weakened the corporate alternative minimum tax after 1997.
 
``That probably had an impact,'' he said. ``Some of the things they were doing aren't covered by the minimum tax, like (deductions) for stock options.''
 
Before its collapse last fall, Enron led a business lobbying campaign on Capitol Hill to scrap the corporate alternative minimum tax.
 
Under the first version of the economic stimulus bill that passed the Republican-majority House of Representatives, Enron would have received a $254 million refund. Lobbyists involved said that while Enron favored repealing the alternative minimum tax, it was not pushing for the refund provision.
 
However the House plan was blocked in the Democrat-majority Senate and did not become law.
 
 
Copyright © 2002 Reuters Limited. All rights reserved.


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