Pubdate: Thu, 11 Jun 1998 Source: San Jose Mercury News Wire Service Author: David Goldstein and Raja Mishra, Mercury News Washington Bureau SENATE OKs CUT IN TAX FOR COUPLES WASHINGTON -- The Senate approved a tax cut for low- and middle-income couples by using revenue from a proposed cigarette tax, giving national tobacco legislation some much-needed momentum late Wednesday. The measure would allow married couples who make less than $50,000 to deduct an additional $3,300 from their income before they calculate their taxes. This would give an average of $1,400 in tax relief for almost 31 million families. Republicans said the tax cut is intended to offset the $1.10 per pack increase in the tobacco bill, which would disproportionately affect low- and middle-income smokers. ``It does not eliminate the marriage penalty for all Americans,'' Republican Sen. Phil Gramm of Texas, the author of the tax cut, said of his proposal. ``It is a major step in that direction.'' About one of every six federal tax returns is filed jointly; according to some estimates, the ``marriage penalty'' averages $1,400. While the geographic information available on tax returns is sketchy, it is clear that few places in the country would be less affected than Silicon Valley. In 1996, the average adjusted gross income on tax returns filed from Santa Clara County was $55,007 -- ranking the county 36th of 3,140 counties in the nation. Those statistics lump joint filers and individual filers together; there are no numbers available that look at the two groups separately. The provision also contains a tax cut for the self-employed. They would be able to deduct the full cost of their health insurance from their pre-tax income beginning in 1999. The tobacco bill had been stuck in the Senate for more than a week because of partisan skirmishing over the size of the tax cut and how to spend the estimated $516 billion the tobacco tax will generate over 25 years. President Clinton helped break the jam Tuesday by signaling he was willing to compromise on some Republican proposals to get the bill passed. A starter Gramm promised the marriage penalty would be repealed for everyone by the end of the year, but until then, ``this allows us to do it immediately for those in the moderate income area that pay the bulk of the cigarette tax.'' The marriage penalty tax cut, coupled with anti-drug provisions the Senate added to the bill Tuesday, may make tobacco legislation easier for moderate Republicans to swallow because it would then include two bedrock GOP policies: tax cuts and tough drug enforcement. However, a host of tough issues remain, including how to help tobacco farmers who lose business and how much to pay the lawyers who have sued the tobacco industry. The House has yet to take up tobacco legislation. House GOP leaders said Wednesday that they will soon introduce a more modest tobacco bill than the Senate's. The so-called marriage penalty exists because of progressive tax rates. An individual earning $22,000, for instance, would pay taxes at a 15 percent rate. A spouse earning the same amount would push the couple's income into the next bracket. Filing a joint return, their taxable income would be higher. If they were unmarried and filing separately, they would each pay at the lower rate. The tobacco bill would give states nearly 40 percent of the cigarette tax revenue, and divide the rest among research and public health programs and assistance to tobacco farmers. But efforts by Republicans to tap the revenue stream for programs that have little or no connection to smoking and health -- such as for the marriage penalty tax cut -- could change those targets. The Gramm tax cut would cost almost $113 billion over 25 years, with a third coming from the tobacco tax revenue and the rest from the budget surplus. Democrats objected because they want to keep the tobacco money for health programs. They also support Clinton's plan to set aside the budget surplus to save the soon-bankrupt Social Security. They equated the marriage penalty tax cut to a raid on Social Security. The anti-drug measure passed Tuesday would swallow another $15 billion of tobacco tax money. ``All of a sudden, the question has to be asked, where is the money to stop kids from smoking?'' Sen. John Kerry, a Massachusetts Democrat leading his party's support of the tobacco bill, said during the marriage penalty debate. ``Where is the fundamental notion that this bill is directed at children?'' The key vote was an attempt to kill Gramm's amendment -- a move that failed 48-50. The vote was largely along party lines, with five Republicans voting with Democrats to kill the measure, John Chafee of Rhode Island, Susan Collins of Maine, Jim Jeffords of Vermont, Connie Mack of Florida and Olympia Snowe of Maine. One Democrat, Ernest Hollings of South Carolina, voted with the Republican majority. The Senate then approved Gramm's amendment by voice vote. A Democratic alternative was killed 55-43. Not a simple idea Eliminating the marriage penalty is not as simple as Gramm's plan, according to some experts. ``There are both bonuses and penalties in the tax code,'' said Janet Spragens, who teaches at the American University law school and is director of the school's Federal Tax Clinic. ``It's not just like a line item that can be repealed.'' Some married couples benefit from the tax code and would be rewarded again by Gramm's additional deduction, she said. Take the case of an individual earning $50,000 who gets married and whose spouse either doesn't work or earns a small salary. With deductions and exemptions, the couple would pay less tax filing jointly than an individual earning the same $50,000 filing as a single taxpayer. - --- Checked-by: Melodi Cornett