Trains.com

Repeal of the 4.3 cents per gallon RR fuel tax

3340 views
30 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    April 2003
  • 305,205 posts
Repeal of the 4.3 cents per gallon RR fuel tax
Posted by Anonymous on Tuesday, October 12, 2004 11:48 AM
Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.
  • Member since
    January 2001
  • From: Atlanta
  • 11,971 posts
Posted by oltmannd on Tuesday, October 12, 2004 1:48 PM
QUOTE: Originally posted by futuremodal

Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.


I completely disagree .

The money "saved" from any tax repeal will go two places. To help raise capital for capacity improvements and equipment and to the owners in the form of dividends.

-Don (Random stuff, mostly about trains - what else? http://blerfblog.blogspot.com/

  • Member since
    January 2001
  • From: Atlanta
  • 11,971 posts
Posted by oltmannd on Tuesday, October 12, 2004 1:50 PM
QUOTE: Originally posted by futuremodal

Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.


...also, RRs already pay SUBSTANTIALLY into the general fund in the form of corporate income taxes, just like every other income producing entity in the US.

-Don (Random stuff, mostly about trains - what else? http://blerfblog.blogspot.com/

  • Member since
    February 2004
  • From: St.Catharines, Ontario
  • 3,770 posts
Posted by Junctionfan on Tuesday, October 12, 2004 3:06 PM
We would all be better off if our governments put a price freeze on gas prices. Taxes need to be collect but the oil companies don't need to make that much money. They prove when the price at the pumps goes up and down like a teeter-totter.
Andrew
  • Member since
    January 2001
  • From: Atlanta
  • 11,971 posts
Posted by oltmannd on Tuesday, October 12, 2004 3:15 PM
QUOTE: Originally posted by Junctionfan

We would all be better off if our governments put a price freeze on gas prices. Taxes need to be collect but the oil companies don't need to make that much money. They prove when the price at the pumps goes up and down like a teeter-totter.


What do you mean they don't "need" that much? They "need" to make money for their owners. The free market sets the price, not the oil companies!

Gasoline is a commodity. It just follows crude price. You freeze gasoline prices below the cost to produce and who would be willing to sell it to me? Crude price is pure supply and demand - although there is a bubble, currently, at least according to the NPR business report I heard last night.

I don't care what it costs as long as I can get it and there isn't rationing! If the cost stays high, it will change my behaviour. In fact, the high cost of gasoline is the BEST thing that could happen to Amtrak/transit.

-Don (Random stuff, mostly about trains - what else? http://blerfblog.blogspot.com/

  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Tuesday, October 12, 2004 3:27 PM
QUOTE: Originally posted by futuremodal

Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.


Dave-

You really need to actually read the legislation before criticizing. The repeal is phased in over several years amounting to less than a penny per gallon annually. Most railroads, even Class 1s will receive minimal benefits. Really the UP and BNSF as the largest U.S. railroads will be the only ones receving much benefit at all.

In any event, other modes (highway, barge, air) have the benefit of trust funds funded by their various fees and taxes while rail doesn't. Rail doesn't want to have a trust fund, the railroads would rather be left alone. While we're on the subject railroads already pay heavy property tax on their infrastructure that the other modes don't which more than makes up for the kind of differential in taxes.

LC
  • Member since
    February 2004
  • From: St.Catharines, Ontario
  • 3,770 posts
Posted by Junctionfan on Tuesday, October 12, 2004 4:11 PM
QUOTE: Originally posted by oltmannd

QUOTE: Originally posted by Junctionfan

We would all be better off if our governments put a price freeze on gas prices. Taxes need to be collect but the oil companies don't need to make that much money. They prove when the price at the pumps goes up and down like a teeter-totter.


What do you mean they don't "need" that much? They "need" to make money for their owners. The free market sets the price, not the oil companies!

Gasoline is a commodity. It just follows crude price. You freeze gasoline prices below the cost to produce and who would be willing to sell it to me? Crude price is pure supply and demand - although there is a bubble, currently, at least according to the NPR business report I heard last night.

I don't care what it costs as long as I can get it and there isn't rationing! If the cost stays high, it will change my behaviour. In fact, the high cost of gasoline is the BEST thing that could happen to Amtrak/transit.


The price is at one point in Ontario, 89 cents a litre and as low as 50 cents and it goes up and down and is inconsistant in pricing. Esso oil in Simcoe maybe 67 cents but the next one in Niagara Falls is 87 cents.

This leaves me to conclude that they are engaging in unfair price setting and should be frozen at a rate that reflects a profit to them but at the same time fair also for the consumer. I don't believe for a second that thease oil companies are loosing money.
Andrew
  • Member since
    January 2001
  • From: Atlanta
  • 11,971 posts
Posted by oltmannd on Tuesday, October 12, 2004 7:05 PM
QUOTE: Originally posted by Junctionfan

QUOTE: Originally posted by oltmannd

QUOTE: Originally posted by Junctionfan

We would all be better off if our governments put a price freeze on gas prices. Taxes need to be collect but the oil companies don't need to make that much money. They prove when the price at the pumps goes up and down like a teeter-totter.


What do you mean they don't "need" that much? They "need" to make money for their owners. The free market sets the price, not the oil companies!

Gasoline is a commodity. It just follows crude price. You freeze gasoline prices below the cost to produce and who would be willing to sell it to me? Crude price is pure supply and demand - although there is a bubble, currently, at least according to the NPR business report I heard last night.

I don't care what it costs as long as I can get it and there isn't rationing! If the cost stays high, it will change my behaviour. In fact, the high cost of gasoline is the BEST thing that could happen to Amtrak/transit.


The price is at one point in Ontario, 89 cents a litre and as low as 50 cents and it goes up and down and is inconsistant in pricing. Esso oil in Simcoe maybe 67 cents but the next one in Niagara Falls is 87 cents.

This leaves me to conclude that they are engaging in unfair price setting and should be frozen at a rate that reflects a profit to them but at the same time fair also for the consumer. I don't believe for a second that thease oil companies are loosing money.


Nobody said they are losing money. They are in business to make money, right? They can't gouge if there is competitiion - it's how a free market works. Basic Econ 101 from college, remember? Can't explain your Canadian pricing - perhaps some are repair stations with pumps and other are high volume company owned stations. It used to be that way down here, but all the mom & pop gas pumpers dried up with self serve. Down here, it will vary some from region to region, but all high volume stations are within pennies. Last weekend between Myrtle Beach SC and Altanta GA (350 miles) the high was $1.92 and the low $1.83 for regular.

-Don (Random stuff, mostly about trains - what else? http://blerfblog.blogspot.com/

  • Member since
    December 2001
  • From: NS Main Line at MP12 Blairsville,Pa
  • 830 posts
Posted by conrailman on Tuesday, October 12, 2004 8:27 PM
Will it help Amtrak on the Fuel Tax every year, How much money will amtrak save?
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Tuesday, October 12, 2004 10:17 PM
so labor day weekend i was in streator, IL for a huge car show and saw that gas was $1.59 and i filled up. i got back to where i live (25 miles away) and gas was at $1.84........tell me we're not gettin gouged [:(!]
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Tuesday, October 12, 2004 11:00 PM
QUOTE: Originally posted by Limitedclear

QUOTE: Originally posted by futuremodal

Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.


Dave-

You really need to actually read the legislation before criticizing. The repeal is phased in over several years amounting to less than a penny per gallon annually. Most railroads, even Class 1s will receive minimal benefits. Really the UP and BNSF as the largest U.S. railroads will be the only ones receving much benefit at all.

In any event, other modes (highway, barge, air) have the benefit of trust funds funded by their various fees and taxes while rail doesn't. Rail doesn't want to have a trust fund, the railroads would rather be left alone. While we're on the subject railroads already pay heavy property tax on their infrastructure that the other modes don't which more than makes up for the kind of differential in taxes.

LC


Yes, I did read the legislation, but you missed the point. It is irrelevant if it is phased in over several years or all at once. The point I'm trying to make is that the money the railroads save from the repeal of the tax more than likely will not go into infrastructure improvements, rather it will go into stock options, lobbying, non-rail investments, etc. We've discussed this before, the railroads will downsize the labor force and defer maintenance to sex up the balance sheet, instead of spending on capital improvements to speed up and flex up operating capacity, which in turn would lead to more business. What galls me more than anything is the attempt by the railroads to get the feds to aid in paying for infrastructure improvements after all the financial chicanery that goes on.

This goes on because of the limited playing field in which would be rail competitors can only dream of entry. Since we don't (yet) have a separation of operating companies from infrastructure owning companies (which would solve the problem of open accountability for infrastructure spending), it may be necessary for the feds to slap a fuel tax on railroads and use this money as a trust fund for rail infrastructure improvements. In a sense, the feds would force the railroads via this user fee to spend the necessary funds for infrastructure which the railroads themselves are loathe to spend due to the dichotomy of the opposing forces playing in the background of railroad finances: On the one hand we have the inherent inefficiencies of monoplolistic/oligarchial behaviour which force the tendency of disincentive for optimal capitalistic actions, and on the other hand the forces of Wall Street which demand ROI's in the mode of the technology sector, an impossibility for capital intensive industries.
  • Member since
    January 2001
  • From: US
  • 304 posts
Posted by andrewjonathon on Tuesday, October 12, 2004 11:40 PM
QUOTE: Originally posted by Junctionfan

QUOTE: Originally posted by oltmannd

QUOTE: Originally posted by Junctionfan

We would all be better off if our governments put a price freeze on gas prices. Taxes need to be collect but the oil companies don't need to make that much money. They prove when the price at the pumps goes up and down like a teeter-totter.


What do you mean they don't "need" that much? They "need" to make money for their owners. The free market sets the price, not the oil companies!

Gasoline is a commodity. It just follows crude price. You freeze gasoline prices below the cost to produce and who would be willing to sell it to me? Crude price is pure supply and demand - although there is a bubble, currently, at least according to the NPR business report I heard last night.

I don't care what it costs as long as I can get it and there isn't rationing! If the cost stays high, it will change my behaviour. In fact, the high cost of gasoline is the BEST thing that could happen to Amtrak/transit.


The price is at one point in Ontario, 89 cents a litre and as low as 50 cents and it goes up and down and is inconsistant in pricing. Esso oil in Simcoe maybe 67 cents but the next one in Niagara Falls is 87 cents.

This leaves me to conclude that they are engaging in unfair price setting and should be frozen at a rate that reflects a profit to them but at the same time fair also for the consumer. I don't believe for a second that thease oil companies are loosing money.


As I understand it the variation in gas prices between cities in Canada is not due to a conspiracy by the oil companies but is primarily related to taxation. The Federal gov't, the Provinical gov'ts and local city or municipalities all collect taxes on gasoline. The regional differences are primarily accounted for by the difference in the amount of local tax collected by the city/muncipality. At times illogical price wars also flare up in a local region. An extreme example occurred a few years ago when a gas price war between two gas stations in the Winnipeg area got so out of hand that for a few hours one gas station actually paid people to take fuel until the pumps went dry. They were definately losing money on that one.

However, if you like fuel shortages the quickest way to get one is to have the gov't fix the price to "help" you out. There are a number of examples in the world of this occurring now and the only thing it ever does is create shortages as nobody wants to sell for less than they can get on the world market. Shortages tend to be much more painful to individuals and the economy than high oil prices. It is not the bargain that it sounds like.
  • Member since
    February 2004
  • From: St.Catharines, Ontario
  • 3,770 posts
Posted by Junctionfan on Wednesday, October 13, 2004 9:20 AM
I think we all know what I'm going to advocate than....[:-^]
Andrew
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Wednesday, October 13, 2004 9:46 AM
QUOTE: Originally posted by futuremodal

QUOTE: Originally posted by Limitedclear

QUOTE: Originally posted by futuremodal

Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.


Dave-

You really need to actually read the legislation before criticizing. The repeal is phased in over several years amounting to less than a penny per gallon annually. Most railroads, even Class 1s will receive minimal benefits. Really the UP and BNSF as the largest U.S. railroads will be the only ones receving much benefit at all.

In any event, other modes (highway, barge, air) have the benefit of trust funds funded by their various fees and taxes while rail doesn't. Rail doesn't want to have a trust fund, the railroads would rather be left alone. While we're on the subject railroads already pay heavy property tax on their infrastructure that the other modes don't which more than makes up for the kind of differential in taxes.

LC


Yes, I did read the legislation, but you missed the point. It is irrelevant if it is phased in over several years or all at once. The point I'm trying to make is that the money the railroads save from the repeal of the tax more than likely will not go into infrastructure improvements, rather it will go into stock options, lobbying, non-rail investments, etc. We've discussed this before, the railroads will downsize the labor force and defer maintenance to sex up the balance sheet, instead of spending on capital improvements to speed up and flex up operating capacity, which in turn would lead to more business. What galls me more than anything is the attempt by the railroads to get the feds to aid in paying for infrastructure improvements after all the financial chicanery that goes on.

This goes on because of the limited playing field in which would be rail competitors can only dream of entry. Since we don't (yet) have a separation of operating companies from infrastructure owning companies (which would solve the problem of open accountability for infrastructure spending), it may be necessary for the feds to slap a fuel tax on railroads and use this money as a trust fund for rail infrastructure improvements. In a sense, the feds would force the railroads via this user fee to spend the necessary funds for infrastructure which the railroads themselves are loathe to spend due to the dichotomy of the opposing forces playing in the background of railroad finances: On the one hand we have the inherent inefficiencies of monoplolistic/oligarchial behaviour which force the tendency of disincentive for optimal capitalistic actions, and on the other hand the forces of Wall Street which demand ROI's in the mode of the technology sector, an impossibility for capital intensive industries.


I can see that we will never agree on many things. The level of financial manuvering in the railroad industry is minimal compared to many other industries and the concept of open access isn't going to happen anytime soon so I wouldn't hold my breath. The idea of slapping big taxes on the rail industry is simply reregulation dressed up in different clothing with the same inevitable result, driving major railroads to bankruptcy and forcing more downsizing of the railroads making rail service more difficult to obtain and further marginalizing the rail industrys ability to move commerce. That "plan" has been tried already and failed miserably. You must LOVE trucks. Got anything new?

LC
  • Member since
    March 2004
  • From: Indianapolis, Indiana
  • 2,434 posts
Posted by gabe on Wednesday, October 13, 2004 10:08 AM
Because there isn't enough disagreement on this issue already:

Dave,

I certainly understand your assertion that subsidies--in all their various forms--are a poor idea because the "subsidy" doesn't go into the railroad's physical plant but lines investor's pockets. Presumably your ultimate contention is that it might be worth the money to improve our nation's transportation system if that is where the "subsidy" goes--which would in turn improve commerce, create jobs, etc.--but it is not worth the money to line investor's pockets, which is where the "subsidy" really goes.

I am not taking issue with your ultimate conclusion. However, have you considered the possibility that railroad's using the "subsidy" to line investor pockets might lead to a bigger improvement of the railroad's physical plant than if the subsidy had gone directly to improving the railroad's physical plant?

If railroads conclude that the best way to get the investment they need to make themselves viable in the future is to convince Wall Street that they are profitable and the amount of physical plant improvement that they could get from a meager subsidy would be miniscule in comparison, wouldn't the better course of action be--for both the railroad and the nation--to line investor pockets in the hope of bringing more investors to provide the money to make meaningful improvements to the physical plant?

I am not asserting this contention trumps your view. A detailed look at the numbers would be required to determine whether this view is plausible.

Gabe
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Wednesday, October 13, 2004 10:36 AM
QUOTE: Originally posted by gabe

Because there isn't enough disagreement on this issue already:

Dave,

I certainly understand your assertion that subsidies--in all their various forms--are a poor idea because the "subsidy" doesn't go into the railroad's physical plant but lines investor's pockets. Presumably your ultimate contention is that it might be worth the money to improve our nation's transportation system if that is where the "subsidy" goes--which would in turn improve commerce, create jobs, etc.--but it is not worth the money to line investor's pockets, which is where the "subsidy" really goes.

I am not taking issue with your ultimate conclusion. However, have you considered the possibility that railroad's using the "subsidy" to line investor pockets might lead to a bigger improvement of the railroad's physical plant than if the subsidy had gone directly to improving the railroad's physical plant?

If railroads conclude that the best way to get the investment they need to make themselves viable in the future is to convince Wall Street that they are profitable and the amount of physical plant improvement that they could get from a meager subsidy would be miniscule in comparison, wouldn't the better course of action be--for both the railroad and the nation--to line investor pockets in the hope of bringing more investors to provide the money to make meaningful improvements to the physical plant?

I am not asserting this contention trumps your view. A detailed look at the numbers would be required to determine whether this view is plausible.

Gabe


Gabe-

I like your thoughts.

I must however take issue with your use of the term "subsidy". Eliminating an unfair tax such as the 4.3 cent RR fuel tax is not a subsidy. A subsidy is where one person or entity (in this case the U.S. Government) pays or assumes responsibility for paying the obligations of another. (assuming responsibility is also referred to as a guaranty under some circumstances.

LC
  • Member since
    September 2003
  • 21,669 posts
Posted by Overmod on Wednesday, October 13, 2004 11:08 AM
Gabe, it seems to me that the Milwaukee and CNW alone make your claim a bit silly.

"Lining investors' pockets" only results in their anticipating more of the same -- and complaining if they don't get returns on their 'rational expectations' -- while analysts will remain unconvinced that a capital-intensive industry can produce continued levels of dividend or 'stakeholder' income without the collusion of management.

Of course, neither investors or analysts are likely to respond to higher levels of infrastructure improvement unless there are relatively immediate returns to the bottom line (as I think is the perception of the BNSF Transcon work).

Remains to be seen whether a "Microsoft model" of business management would work for a railroad company. Seems to me that the required components to keep investor interest high just don't exist in this industry -- large guaranteed profits from core lines, reasonably large guarantees of income from current research, etc. Any investors attracted by a 'line-the-pockets' approach would likely walk as soon as that money was no longer forthcoming -- within three to six months' worth of quarterlies. In any case... does a railroad really care who holds its outstanding stock or other instruments, or what effect relative share ownership contributes to its market cap or credit ratings?

It's my opinion that making necessary work on infrastructure either mandated or externally 'subsidized' is likely to be the best approach -- even when railroad management is internally disposed to favor the idea. Particularly when some portion of the infrastructure improvements is then subsequently depreciable or otherwise applicable to tax reduction, or counts as the 'right' kind of loss for accounting...

Gabe, you're not thinking that railroads are just going to 'release' a bunch of retained shares from the treasury for people to snap up on a 'line-the-pockets' promise, are you? (Although it might be interesting to propose such an issue with sale proceeds earmarked for specific infrastructure projects, and see what underwriting interest develops...)



  • Member since
    March 2004
  • From: Indianapolis, Indiana
  • 2,434 posts
Posted by gabe on Wednesday, October 13, 2004 12:38 PM
LC:

Actually, that is why I said "subsidy" rather than subsidy. I believe the term subsidy is about as well defined as "democracy." Ergo, my quotations were meant to indicate the "subsidy" at issue may not even be considered a subsidy to many, such as myself.

Overmod:

Perhaps the theory is "silly"--see comment above concerning the import of quotations.

However, if politely exploring a different way of looking at a problem is to be frowned upon on this forum, I have posted my last post--as I question the endevor of enriching my knowledge with paradigmatic thinking.

The theory that a higher return will attract more investors is far from obviously wrong, and I fail to see why that return must be lowered in the future.

You may very will be right that the theory is incorrect, but in its defense:

(1) The Milwaukee Road wasn't paying higher dividends to seek outside investors, it was artifically inflating its return to achieve a better sale price for a projected merger with CNW. That is a fundamentally different set of circumstances.

I have yet to be convinced that the currect physical plant in America is suffering from such deterioration. If the Class 1s are spending money on dividends instead of plant in improvement, I have yet to see a (plausible) contention made that they are allowing their infrastructure to go down the tubes in the process.

The (rational) complaint that is being made is they are not adding capacity, investing in enough new technology, going after long-term funding projects that will have long-term profits--a far stretch from the complaints of the Milwaukee Raod.

(2) I see no problem with investors expecting "more of the same" for their investment. If they want to invest money to see an efficiently run railroad, they should buy a trainset. If they want to get a return on their investment, they should expect as much.

If continued investment doesn't lead to a profit that will allow a continued return on the investment, then this whole point (and the point of a private rail industry all together) is moot to begin with.

(3) Your contention regarding investor's response to long-term return on investment cannot be assailed--the last 15 years of BN/BNSF is enough to show that.

Nonetheless, there is a fine line there, and I cannot help but believe that as long as there is a dividend there will be investment and increasing the dividened will increase the investment--regardless of how much the railroad is spending on long term development.

I am not contending your position is "wrong," but I am equally unsure that the Class 1's approach to return on investment is "wrong."

Gabe
  • Member since
    September 2003
  • 21,669 posts
Posted by Overmod on Wednesday, October 13, 2004 1:58 PM
Let me be the first to affirm that I HOPE YOU ARE RIGHT that investors will reward forward-looking investment in infrastructure. I'd like to see a push a la Cassatt both to build up what exists and construct appropriate new capacity.

Where I see the problem is that pure 'return on investment' from an investor's point of view is likely to see higher opportunity return, and/or a shorter timeframe for real return on invested capital, than will likely be the case for modern American railroading. Educating investors about the 'real' nature of modern railroading -- especially its potential when 'properly' rebuilt -- is likely to be an even harder task than Mark has had with some of the apropos threads on this forum. In the absence of a coherent effort to do that education, investors are left with... either a sort of 'choo-choo' mentality, or recent press coverage of railroad issues (which I think you'll find will be mostly wrecks, nostalgia, or weird service failures).

I'd be delighted to hear (in detail) what you think a priority listing and timeline for this sort of education effort would be (and who it would be most credible coming from). I extend this offer to anyone else on the forum with investment experience (fictitious bankers, however, will have their comments treated accordingly; there's been too much fiction in railroad publicity already!)
  • Member since
    March 2004
  • From: Indianapolis, Indiana
  • 2,434 posts
Posted by gabe on Wednesday, October 13, 2004 2:09 PM
I suppose my thought is more simple than that (not to say your contention is incorrect).

My theory is that raising the dividend x amount will attract more investment. This investment will generate short and long term profits that will allow the dividend to continue to be paid. Accordingly, if a "subsidy" were used partially to "line investor pockets" with dividends, the end result may very well be more investment in railroad's physical plant than if the "subsidy" went directly to the infrastructure.

Sartre once said that any philosophy that can fit in a nut shell probably belongs there. Given the simplicity of my sylogism, its prospects don't seem that promising.

Nonetheless, I don't think it is obviously wrong, and if it is wrong, I would like to see why.

Gabe
  • Member since
    September 2003
  • 21,669 posts
Posted by Overmod on Wednesday, October 13, 2004 2:24 PM
The reason I think it's "wrong" (not to put a pejorative context on that word) is that the investors aren't going to provide any money to the railroad in order to get into the dividend stream. That's the point of my comment above about releasing stock from the treasury.

Raising the dividend SHOULD induce more investors to buy stock. Where do they get that stock? Via brokers, from people who are willing to sell it. Essentially, the moment the original underwriters took the stock issue, the railroad ceased to profit by the subsequent sale. OTOH, they *will* be expected to pony up real money for the dividend stream. Money that could just as easily be used for infrastructure improvements...

If you were in a bidding war or merger discussions, and intended to make some large part of the settlement in stock (which makes great sense due to the tax consequences) things would of course be different -- that's one of the main points about the MILW/CNW shenanigans. But we're not talking market cap here, we're talking capital expenditure (presumably from your "syllogism" being financed by new equity issuance. There has to be new stock (with appropriate underwriting costs, impact on current investors via dilution, etc. etc. etc.) for the 'investment' to be able to 'generate' anything at all *for the railroad in question.*

Personally, I'm of the opinion that with interest rates as low as they've been the past several years, Class 1s were crazy not to borrow as much as they could (at the equivalent of a couple of percent with low origination charges) to perform infrastructure improvements en masse. I strongly suspect that if you run the numbers for what this would have 'cost' relative to equity financing of a comparable amount, you'll come to the same conclusion I have. That we have NOT seen this happen can only be seen as a conclusion by railroad management that their return on investment wouldn't be high enough to guarantee... what is it? 2.5%, 3%? That's sad...
  • Member since
    March 2004
  • From: Indianapolis, Indiana
  • 2,434 posts
Posted by gabe on Wednesday, October 13, 2004 2:50 PM
Overmod,

I concede your point. I was under the assumption that it was easier to make actual investments in major railways rather than merely buying existing stock. Under such restrictions, my theory certainly fails.

Gabe
  • Member since
    September 2003
  • 21,669 posts
Posted by Overmod on Wednesday, October 13, 2004 4:27 PM
Gabe --

Now go out and BUILD A BETTER THEORY. This is a topic worth investigating. For example, have you written to your congresspeople (both state and Federal) regarding the issue of rail infrastructure financing? Ideas that tie into their interests might be welcome...
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Wednesday, October 13, 2004 9:44 PM
QUOTE: Originally posted by Limitedclear

QUOTE: Originally posted by futuremodal

QUOTE: Originally posted by Limitedclear

QUOTE: Originally posted by futuremodal

Quothe Ed H of the AAR:

"Railroads and barges are currently the only modes of transportation that pay a fuel tax into the general fund," said Association of American Railroads President and Chief Executive Officer Edward Hamberger in a prepared statement. "Fuel taxes paid by other modes go to support their right-of-way while #8230; railroads pay virtually all of the costs to maintain and improve their infrastructure. We urge President Bu***o sign [the bill] into law."

If as expected the repeal of the 4.3 cents per gallon fuel tax on railroads and barge lines comes into effect, does anyone think that the railroads will take this tax break and apply it to their infrastructure needs for which they are begging for federal aid? Doubtful. It would have been better for the feds to take this 4.3 cents and use it to pay for the eventual federal intervention into rail infrastructure upgrades that are being lobbied for by the railroads.

In an ironic twist, instead of the railroads paying into the general fund, they will now be taking from the general fund. As usual, it is the average Joe taxpayer who ends up getting screwed.


Dave-

You really need to actually read the legislation before criticizing. The repeal is phased in over several years amounting to less than a penny per gallon annually. Most railroads, even Class 1s will receive minimal benefits. Really the UP and BNSF as the largest U.S. railroads will be the only ones receving much benefit at all.

In any event, other modes (highway, barge, air) have the benefit of trust funds funded by their various fees and taxes while rail doesn't. Rail doesn't want to have a trust fund, the railroads would rather be left alone. While we're on the subject railroads already pay heavy property tax on their infrastructure that the other modes don't which more than makes up for the kind of differential in taxes.

LC


Yes, I did read the legislation, but you missed the point. It is irrelevant if it is phased in over several years or all at once. The point I'm trying to make is that the money the railroads save from the repeal of the tax more than likely will not go into infrastructure improvements, rather it will go into stock options, lobbying, non-rail investments, etc. We've discussed this before, the railroads will downsize the labor force and defer maintenance to sex up the balance sheet, instead of spending on capital improvements to speed up and flex up operating capacity, which in turn would lead to more business. What galls me more than anything is the attempt by the railroads to get the feds to aid in paying for infrastructure improvements after all the financial chicanery that goes on.

This goes on because of the limited playing field in which would be rail competitors can only dream of entry. Since we don't (yet) have a separation of operating companies from infrastructure owning companies (which would solve the problem of open accountability for infrastructure spending), it may be necessary for the feds to slap a fuel tax on railroads and use this money as a trust fund for rail infrastructure improvements. In a sense, the feds would force the railroads via this user fee to spend the necessary funds for infrastructure which the railroads themselves are loathe to spend due to the dichotomy of the opposing forces playing in the background of railroad finances: On the one hand we have the inherent inefficiencies of monoplolistic/oligarchial behaviour which force the tendency of disincentive for optimal capitalistic actions, and on the other hand the forces of Wall Street which demand ROI's in the mode of the technology sector, an impossibility for capital intensive industries.


I can see that we will never agree on many things. The level of financial manuvering in the railroad industry is minimal compared to many other industries and the concept of open access isn't going to happen anytime soon so I wouldn't hold my breath. The idea of slapping big taxes on the rail industry is simply reregulation dressed up in different clothing with the same inevitable result, driving major railroads to bankruptcy and forcing more downsizing of the railroads making rail service more difficult to obtain and further marginalizing the rail industrys ability to move commerce. That "plan" has been tried already and failed miserably. You must LOVE trucks. Got anything new?

LC


I LOVE all transport modes - rail, truck, barge, pipelines. I just would like to see them do a better job of working together, each engendering their relative advantages to the betterment of the nation. (Interesting, I think the President of Horizon Lines recently made the exact same comments).

To say that levying a fuel tax on railroads to allow the feds to pay for the railroads needed but ignored infrastructure improvements (and improvements which the railroads themselves are trying to con on the feds ie. we the taxpayers), to say that that is a form of reregulation is simply not accurate. Do you want to expand rail's share of intercity freight or not? We all know that the RR's themselves aren't going to make the necessary improvements, what with their low ROI's to begin with. Yet we obviously have capacity problems on railroads, otherwise they wouldn't be turning away business.

Any Class I that feigns capital improvements will have a lesser balance sheet (albeit temporarily) than the Class I that defers such action. When that occurs, the Wall Street types complain and the end result is the Class I that tried to make the improvements ends up having it's directors and managers let go, and then new suits are brought in and the capital improvement program ends.

The only way to rectify this situation while ameliorating the RR's desire for federal intervention in infrastructure improvements is for the feds to force savings via the fuel tax, from which the necessary funds will acrue to be doled out to the beggars for the needed capital improvements.

Yes, it's a sorry commentary on so called free enterprise when the feds have to do what the privateers refuse to do, but that's what happens when the feds allow the oligarchy to form. This point MUST become clear to all, that when you allow monopolistic behaviours to get a foothold, the end result is gross inefficiencies in the market place. In a true free market with competitive rail access, the rail industry would OWN a 70% market share (albeit with the inclusion of intermodalism). The STB, in their foolish attempt to aleviate the problem of RR's profitability by allowing the mega-mergers of the 1990's (rather than lifting the burdens of capital over-regulation and property taxation to equalize the playing field among rail, truck, and barge) created this problem, and now it is up to the feds to correct it in a fashion that will assign accountability to the expenditures of the railroads. If open access is too radical, then this fuel tax to pay for rail infrastructure improvements is at least a step in the right direction.
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Wednesday, October 13, 2004 11:05 PM
Dave-

Its a good thing that we still have that pesky Constitution that makes what you are suggesting not only illegal but unconstitutional. What you suggest is confiscatory in more than one way and I hate to break it to you, but when you want to tax someone and/or force them to spend capital in a particular way at best that is reregulation and at worst outright confiscation. We live in a free enterprise system, where do you live?

LC
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Thursday, October 14, 2004 1:01 AM
QUOTE: Originally posted by Limitedclear

Dave-

Its a good thing that we still have that pesky Constitution that makes what you are suggesting not only illegal but unconstitutional. What you suggest is confiscatory in more than one way and I hate to break it to you, but when you want to tax someone and/or force them to spend capital in a particular way at best that is reregulation and at worst outright confiscation. We live in a free enterprise system, where do you live?

LC


LC,

Let me see if I've got this straight. It's perfectly okay for the railroads to beg the federal government for financial aid to pay for infrastructure improvements (presumably out of the general fund or worse yet, the ultimate hypocrasy, taking this rail infrastructure improvement money out of the highway trust fund), but if the feds tax the railroads' fuel use to make this payment, somehow that is illegal and unconstitutional?! Hmmmm....

If it was legal and constitutional to tax the railroads 4.3 cents per gallon for federal deficit reduction, why then would it be illegal and unconstitutional to tax them in the same vein for rail infrastructure improvements, aid by the way that is being lobbied for by the railroads? You'll have to explain this dichotomy.
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Thursday, October 14, 2004 1:31 AM
QUOTE: Originally posted by M.W. Hemphill

Hmm. I easily get lost in this stuff.

I don't understand this. My understanding it that if a business starts paying a tax, it must reduce its expenses by an identical amount if it's to continue to deliver to the investors the same percentage of revenue it did before. Suppose last year a railroad took in $1, spent 90 cents on fixed and variable costs, and delivered 10 cents to the investors. This year, it has a 10% tax. It still takes in $1, pays 10 cents tax, but to deliver 10 cents it can only spend 80 cents. If the tax doesn't come back in kind or in cash, the business is already out 11% of the money it used to have to meet expenses.

But the 10 cents, the government says, is going to be reinvested in the property: "You'll still get 90 cents of your revenue dollar invested into the property, and you'll still be able to hand 10 cents to the investor." So where is additional investment coming from? I don't understand how additional investment in the property could possibly occur unless the investor starts agreeing to take a smaller percentage of revenue. What is different is that the government is making the investment decisions instead of the managers. Maybe the government is smarter, who knows? But the first think I think I'm going to do is help them be smart by spending a cent of my revenue dollar buying them drinks and telling them that they'll look bold and wise if so they spend 15 cents for every one of my revenue dollars on my railroad and 5 cents on someone else's railroad, because "everyone knows that property is hopeless." I hope my competitor doesn't think of that.

I guess the counterargument is that the government will spend its 10 cents so wisely that the revenue and profitablity of the company will grow and all will be forgiven. Interesting -- 11% of the expense cash can leverage growth whereas the other 89% of the expense cash, not to mention 100%, can't leverage any growth at all.

The commonweal argument -- everyone pays taxes for a common good -- makes a lot of sense when the participants are too tiny to leverage their ca***o accomplish large goals. Public schools, public highways, a standing army, etc., are everyday examples of my little cash being combined with everyone else's little ca***o leverage big goals. But now we only have seven Class I railroads. Where's the leverage to come from? And what about the take rate of the bureaucracy? Even if it's only 10% -- the usual overhead amount I used to figure in construction estimating -- that's 10% that won't be spent on anything other than white-collar welfare. I doubt the railroad's bureaucracy will be able to come down by an equivalent amount -- but I think of reasons it would go up: for one, to administer my gin-and-tonic slush fund.

Or, is the plan to make up the cost of the overhead out of the general tax fund? Or, is it to achieve leverage by a withdrawal from the general fund that will be put in on top of the railroad fund? If I'm a railroad investor or manager, I could vote for that, if we're talking big money. Hello, subsidy. That's the only thing I can fathom that would accomplish a net positive result, at least for my railroad.

Actually, there is a case for a tax for a common goal, and the railroads already do it. It's the terminal improvement project, which has been done since at least the 1920s in Chicago and myriad other cities, and recently in Los Angeles, Kansas City, and now Chicago. It's a way of resolving competitive differences among railroads in a geographic location where costs and benefits are difficult to apportion. This tax is created and spent on a case-by-case basis with limits of space and time. It's not a broad, "let's create a bureaucracy because we're smarter than them tax."

Maybe the bureaucracy is smarter. It certainly will be more sensitive to politics. I guess I'd like to see (1) where the railroad money is misspent at present that can be reallocated to a tax and spent wisely in the future, (2) how the overhead is going to be made up, (3) how the government is going to create a system that isn't subject to political abuse, and (4) how the government is going to know more of the railroad business than the railroads. I could be wrong about all this, but like I said, I get easily lost in numbers.


Mark,

First off, where is this railroad that pays back 10% to its investors? I might want to get in on that action!

Regarding the other points, is it not true that railroads are lobbying the federal government for financial aid to pay for capacity improvements? If so, where is THAT money supposed to come from? Isn't that a tax that has to be accounted for by other businesses? Okay, so there are only seven Class I's left, but whose fault is that? We the People did not ask for the feds to create this oligarchy.

The railroads will do what the truckers do: Pass this fuel tax on to the shippers. So you might ask what's the difference to the shippers if they pay for rail infrastructure improvements indirectly through their federal income taxes/gasoline taxes, or more directly through higher rates per box via a fuel tax surcharge? It's simple. The latter makes the rail infrastructure expenditures more accountable to the user, whereas the former is a disingenuous way to foster the tax on to some of those taxpayers who may not use the service. It's simply a matter of accountability.

No, I do not think that the bureaucracy is smarter, after all they created the problem in the first place. But if we have to put up with the inherent inefficiencies of the rail oligarchy (as defined by lack of competitive rail rate access for shippers and a severely limited ability for new entry into the railroad operating market), then at least the bureaucracy should make sure any expenditures on behalf of the rail oligarchy is made as directly accountable as possible to the users of the rail system.

If I had my druthers, there would be a separation of infrastructure entities from operating entities ala the AT&T breakup, thus no need for a railroad fuel tax to pay for rail infrastructure improvements, since the infrastructure entities would presumably charge a rate (or become part of a PPP with any aid coming from state and local governments) that covers the costs, i.e. there would be no avenue by which infrastructure maintenance would be defered by the operating company to sex up the balance sheet.
  • Member since
    February 2004
  • From: St.Catharines, Ontario
  • 3,770 posts
Posted by Junctionfan on Thursday, October 14, 2004 6:30 AM
Personally in Canada, if I was in the government I would make a deal with the railroads. I would tell them that if they want lower taxes, increase capacity when needed. For every customer they keep, they get some sort of tax break. For every customer they attract, they get something out of it. For every labour dispute they avoid, they are rewarded with a nominal amout but it adds up. CN and CP might benifit from this and it should help make the air pollution go down (maybe).

The railroads would be told that as long as they try to maintain good service, the government won't think about open-access.

I would put a price cap on gas for the railroads so they wouldn't need to charge fuel costs.

It should save money for the tax payer since I will be spending money that should save on money required to repair highways from the trucks and cars that could be taken off them and it will save on spending money on healthcare for people suffering from air pollution related illnesses.

I don't know how well that could be implemented in the U.S but it might be something worth looking into and see how much of it would truly benifit the taxpayers pockets and health.

I would say that a great way to increase researves of gas is to dilute it with ethanol (you know what I mean)
Andrew
  • Member since
    January 2001
  • From: Atlanta
  • 11,971 posts
Posted by oltmannd on Thursday, October 14, 2004 7:27 AM
The problem is capital investment in infrastructure. There are a few constraints we haven't talked about yet.

One is the RRs are already up to their necks in debt, having borrowed just about every nickel anyone would lend them. Check their bond ratings - they're just above junk status. There is simply no room for commercial borrowing for any bold move such as "double tracking the CNO&TP", no matter what the long term rate of return on such a project would be.

Railroad DO have high internal rates of return for capital improvments, such as expanding intermodal terminals, but for the company to be financially sound, they can't spend capital out of proportion to their earnings, so there is a limited supply of discretionary capital. Only those projects with the highest rate of return, with the greatest stategic value and the very lowest risk get chosen.

The current income stream is not strong enough to allow investment in capacity improvement that will keep RR market share steady over the next few decades. The state and Fed gov't may find it in the public interest to invest in private RR capacity since this would be less costly to taxpayers than highway construction.

Public/private partnerships aren't new. The clearance project in PA on Conrail to allow stacks and autoracks was jointly funded by the state and the railroad, for example.

-Don (Random stuff, mostly about trains - what else? http://blerfblog.blogspot.com/

  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Thursday, October 14, 2004 10:02 AM
QUOTE: Originally posted by futuremodal

QUOTE: Originally posted by Limitedclear

Dave-

Its a good thing that we still have that pesky Constitution that makes what you are suggesting not only illegal but unconstitutional. What you suggest is confiscatory in more than one way and I hate to break it to you, but when you want to tax someone and/or force them to spend capital in a particular way at best that is reregulation and at worst outright confiscation. We live in a free enterprise system, where do you live?

LC


LC,

Let me see if I've got this straight. It's perfectly okay for the railroads to beg the federal government for financial aid to pay for infrastructure improvements (presumably out of the general fund or worse yet, the ultimate hypocrasy, taking this rail infrastructure improvement money out of the highway trust fund), but if the feds tax the railroads' fuel use to make this payment, somehow that is illegal and unconstitutional?! Hmmmm....

If it was legal and constitutional to tax the railroads 4.3 cents per gallon for federal deficit reduction, why then would it be illegal and unconstitutional to tax them in the same vein for rail infrastructure improvements, aid by the way that is being lobbied for by the railroads? You'll have to explain this dichotomy.


Dave-

I didn't say that all taxes are unconstitutional. I said that your little scheme is both illegal and unconstitutional. After you have been to law school we'll talk. FOr now, I doubt you'd understand the answer...

LC

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy