Market To World: “Be Happy Or Get Punished!”

Market To World: “Be Happy Or Get Punished!”

Authored by Richard Breslow via Bloomberg,

It’s never in good taste to gloat. Although there is a powerful attraction to do so in a competitive environment. Similarly, no one wants to constantly hear grumbling about how wrong things are and how they have personally been mistreated. But that tendency has virtually become a national pastime. Those are the emotions once again being vented by one group or the other while watching the equity markets perform.

I did hear a very smart guy yesterday sum it all up by saying that it doesn’t matter why, this is a market that just refuses to go down, and we are meant to simply go along. And, for once, it was hard to argue with that sort of flippancy. Especially because it is so easy to argue, and believe, both sides of the debate. With the end result deciding the matter for all practical purposes.

As a case in point, the market was up big overnight, with China’s announcement of a cut in certain tariffs on U.S. imports being cited as the main reason. That was questionably, even laughably, taken as a sign to be optimistic about the global economy and an easing of trade tensions.

No matter that phase one being implemented in full is unlikely to happen. Much more importantly, it came two days after the U.S. Commerce Department published new rules making it far easier to impose countervailing duties on product imports that are deemed to have benefited from “unfair currency subsidies.” The new regulations set a far lower bar than the traditional currency manipulator process used by the Treasury Department to lead to the imposition of consequences.

And it doesn’t require an entire country to be cited. Rather, it can target specific products and industries. Do you believe in coincidences? We also learned yesterday that the U.S. started an anti-dumping probe on imports of Chinese-made vertical shaft engines. I didn’t know what they are either. But if you mow a lawn or drive a go-cart you use one. How do you spell “swing state employers?”

Eliminating unfair trade practices or the next phase of the trade war? The market is in the mood to vote for the former. And so it did. Which is the only thing that matters if you have a position. But this isn’t just a Sino-American issue. The rest of the world might be well-served by reading the press release carefully.

Especially as they will also have learned this week that the U.S. is considering withdrawal from the WTO’s Government Procurement Agreement. The cost of poker may be going up for Europe, Japan, Canada and others as they negotiate their ongoing trade relationships with the U.S..

Traders are watching the market go up and have rushed to conclude that it must mean the economic impact of the virus outbreak will be short-lived. Anyone claiming to be able to handicap that is being presumptuous in the real world, but bang-on in the the current trading environment. Scientists don’t claim to know the answer. Market commentators are much more sanguine.

But as I was assured by someone yesterday, “We’re looking for good news.”

Stocks keep going up. Commodities want to follow their lead, but are having trouble suspending their disbelief. The foreign exchange market has concluded it makes sense to cover dollar shorts and otherwise lay low. Fixed income may be the most interesting story today and through tomorrow’s non-farm payrolls. Ten-year yields tried to move higher overnight but have so far failed right at their resistance zone. There are multiple technical reasons to watch whether they can get through 1.67% to 1.70% and stick. Or if we are watching a dead cat bounce.


Tyler Durden

Thu, 02/06/2020 – 12:10

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Watch Live: President Trump Addresses The Nation After Impeachment Acquittal

Watch Live: President Trump Addresses The Nation After Impeachment Acquittal

After trolling the left with his tweet right after acquittal in the Senate impeachment trial last night, President Trump is set to address the nation at noon ET.

We got a sense of what might lay ahead in the speech as Trump boasted of his acquittal in the Senate impeachment trial during an appearance at the National Prayer Breakfast on Thursday, showing off newspaper headlines that blared the news.

Will he mention Pelosi tearing up the SOTU speech? Will he slam Schiff and Nadler? Will he spark more controversy over Biden’s son and Romney’s aide’s ties to Ukraine? Who knows…

But, we are sure the mainstream media is hoping for a “can’t we all just get along”, ‘kumbaya’ style speech… good luck with that!

Watch Live (address due to start at 1200ET)…


Tyler Durden

Thu, 02/06/2020 – 11:55

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Alexander Hamilton’s Influence on Free Press Law: Free Speech Rules (Episode 10)

No rules this time—just a little history.

Alexander Hamilton was many things: aide to Gen. George Washington, secretary of the treasury, major general of the U.S. Army, lover, cheater, duelist, musical phenomenon. But few people know his immensely influential role in American free press law—just months before his fatal duel.

Today, we think of libel as defamatory falsehood: false written statements—especially lies, but sometimes honest mistakes—that injure a person’s reputation. And we also think of libel as a civil claim; criminal libel prosecutions are very rare.

In 1700s England, though, criminal libel cases were common, and they covered many written statements that harmed a person’s reputation even if they were true. Such statements were outlawed in part because they were seen as likely to produce duels. (Hamilton died because of his harsh statements, albeit oral statements, about Aaron Burr.) And when said about government officials, such defamatory statements—again, even if true—were seen as undermining the government’s authority. “The greater the truth, the greater the libel,” some said.

American law was based on English law, so many Americans assumed American law would take the same view. In the famous colonial-era 1735 John Peter Zenger trial, the defense had argued that truth must be a defense in libel cases. But though the jury acquitted Zenger, such jury decisions set no legally binding precedent.

Enter Alexander Hamilton in 1803. Thomas Jefferson was president; Hamilton was a prominent New York lawyer. When Harry Croswell, an anti-Jefferson newspaper editor, was prosecuted in New York state court for libeling Jefferson, Hamilton came to Croswell’s defense.

Croswell’s publication had alleged that Thomas Jefferson had paid another editor, James Callender, to make scurrilous accusations against Washington and Adams. This allegation of Croswell’s injured Jefferson’s reputation, the prosecution charged, thus making it a libel—without regard to whether it was true. And it also injured the nation, making it a so-called “seditious libel.”

Croswell was convicted, after the trial judge instructed the jury that truth was not a defense in libel cases. Croswell appealed, and Hamilton, representing Croswell, argued that truth should have been a defense: “The Liberty of the Press consists, in my idea, in publishing the truth, from good motives and for justifiable ends, though it reflect on government, on magistrates, or individuals. It is essential to say, not only that the measure is bad and deleterious, but to hold up to the people who is the author, that, in this our free and elective government, he may be removed from the seat of power.”

Today, that standard actually would diminish First Amendment protection. At least as to matters of public concern, the Court held in 1964, prosecutors must always prove an alleged libel was false, regardless of whether it was said “from good motives and for justifiable ends.” But in 1803, Hamilton’s position was a great step toward broader legal protection for criticism of government.

And Hamilton’s position swept the nation. Not at first: The New York court split 2–2, thus leaving Croswell’s conviction standing. But Justice James Kent, who would become one of the most influential judges and legal writers of the early 1800s, endorsed Hamilton’s views in his opinion. In 1805, the New York State Legislature enacted a statute implementing Hamilton’s view that truth was always a defense when published “with good motives and for justifiable ends”—phrasing that Hamilton pioneered. In the decades after that, many state constitutions were framed precisely this way. To this day, 20 state constitutions contain Hamilton’s formula: Arkansas, Florida, Illinois, Iowa, Kansas, Michigan, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming.

Hamilton and Justice Kent had become close friends in the years before the Croswell case. While they were in Albany for the court sitting that included the Croswell argument, Hamilton, Kent, and a few others had dinner together. Over dinner, Hamilton remarked that he thought Aaron Burr was dangerous and untrustworthy. Burr was at the time planning to run for governor of New York, though he ended up being beaten by Morgan Lewis, the trial judge in Croswell’s case.

Another man at the dinner reported on these remarks, and an Albany newspaper then referred to them. Burr demanded that they be retracted. Hamilton refused. Burr challenged Hamilton to a duel. And Hamilton didn’t live to see his view of the freedom of the press become part of American law.

Written by Eugene Volokh, who is a First Amendment law professor at UCLA.
Produced and edited by Austin Bragg, who is not.
Additional graphics by Joshua Swain

This is the tenth episode of Free Speech Rules, a video series on free speech and the law. Volokh is the co-founder of The Volokh Conspiracy, a blog hosted at Reason.com.

This is not legal advice.
If this were legal advice, it would be followed by a bill.
Please use responsibly.

Music: “Lobby Time,” by Kevin MacLeod (Incompetech.com). Licensed under Creative Commons: By Attribution 3.0 creativecommons.org/licenses/by/3.0/

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Giga-Stupidity Has No Limits…

Giga-Stupidity Has No Limits…

Via AdventuresInCapitalism.com,

Don’t worry, this isn’t another detailed article on Tesla. I’ve permanently sworn those off. As far as I’m concerned, there are two camps of investors; those who think it’s a fraud and those who aren’t very good at math.

However, that doesn’t mean that Tesla cannot be a good long or short at the right moments in time – yeah, I know, hypocrisy; right? Well, at least I recognize it for what it is; TSLA is a ticker symbol without any bearing on the actual business fundamentals. You see, ever since the Federal Reserve stepped in this fall with their “not QE” the last vestigial tethers to fundamental underpinnings have forever been cast adrift. There’s a business in the abstract sense and then there’s the meta-narrative which often seems to derive a lot of its meaning from the stock chart. Since charts are mostly influenced by cross-ownership within ETFs, the circular loop of “up-to-the-right=ETF is forced to increase weighting=up-to-the right” can be self-fulfilling.

Taking a step back, I have always intuitively known that stocks can literally trade at any price, both far above or below fair value. In fact, the only reason I have been successful in finance, is because of my ability to recognize those moments and monetize them. However, I feel that over the past few years, the range of probabilities has widened dramatically. As David Einhorn put it this summer;

In our early training, there was a concept that news was priced in. This meant that for high-multiple stocks, expectations of good results were already baked into the share price, and for low-multiple stocks, bad results were already discounted. The high multiple would often provide a ceiling for prized stocks – such that it took genuine incremental positive news to drive them higher. Conversely, the low multiple on out-of-favor stocks would often provide a floor such that it took genuine bad news to drive them lower.

In this market, such ceilings and floors don’t seem to exist. Prized stocks continue to rise sharply based on the continuation of existing trends, without deviation, and there is no price too low for unloved stocks. 

Stocks now trade simply on charts, which themselves are primal emotions, tied to corporate messaging rather than fundamental values. Every equity name is just a ticker symbol; an esoteric derivative on a fanciful reality. If you aren’t prepared to accept that fact, you’re going to get abused by the “new normal” where facts increasingly do not matter.

I bring all of this up, as I got an email yesterday from a reader who thanked me on Tesla, which struck me as odd since I got the investment spectacularly wrong.

“No Kuppy!! I lost some money, but you saw it for what it was and got out of the way in time to avoid huge losses. You saved me a fortune. People always talk about their winners, but no one talks about the intuition that saved them from a disaster. You should write about that. How did you know to get out?”

I found his email interesting as no one ever does a victory lap about only losing a bit of money, instead of losing a fortune. It’s certainly not the sort of thing that sells newsletter subscriptions. Since I have nothing to sell you, I thought I’d delve in a bit and fill that gap in financial journalism.

So how did I know when to book the trade? Honestly, I didn’t know anything. Everything I do is based on two critical mandates—the first being to not lose money. While the second is to remember rule number one. If the odds are in my favor, I’ll press my bet. However, if the thesis changes, I get the hell out of the way. In terms of Tesla, I thought the stock would collapse due to a business that was imploding before my eyes. When it became clear that they intended to fudge the numbers and the market would cheer; what was my edge? If 1+1= whatever you want it to be; then this isn’t the sort of stock I can analyze. Lots of companies massage numbers, but when Tesla started making up numbers, I knew it was time to get out. I didn’t wait for a pullback; I was all out of my put spreads by 9:40 am and at a $295 basis. I simply had no edge left and I knew it. My skill was recognizing that my investment thesis had forever changed.

A lot of my friends stayed to fight the good fight—they got mowed over. When a stock triples, even a small short position becomes huge and the margin costs become overbearing. There’s a reason I almost never short and when I do, I use VERY tight stops. If I’m bearish, I may buy some put spreads, but shorting is the financial equivalent of Russian roulette—you don’t know when, but eventually you’ll have a career-ender. Nothing proves this better than the past month’s volatility in Tesla. If you want hyperbolic articles that delve into why Tesla went parabolic, there are plenty of opinions out there. Who knows why it traded where it did—the point is that it did and it traded tens of millions of shares there.

In a world where the global central bankers treat every mini-crisis as an excuse to print money, liquidity will eventually ignite in very strange places; EV automobile frauds, fake meats, government regulated celery and fake currencies. I have no idea why these things go up when they do; I just know that they sometimes do.

The number of asset classes randomly going parabolic is directly tied to how aggressively Central Banks conjure up liquidity. My hunch is that these mini-bubble will become increasingly prevalent. As a public service message to readers of this site, please use stops. There is no limit to the stupidity of equity buyers. At least on the way down, as a value investors, we have an edge as an asset cannot sell below zero. On the way up, the losses are infinite. A bunch of my friends learned that lesson the hard way this week.

Every year will have good and bad opportunities, your only goal as an investor is to ensure that you do not get taken out of the game on any one mistake. It is always smart to be careful on the short side—right now, be extra careful. Stocks can and will trade at literally any price, particularly if the Fed is focused on ensuring it happens.


Tyler Durden

Thu, 02/06/2020 – 11:35

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Original China Virus Whistleblower Doctor Dies

Original China Virus Whistleblower Doctor Dies

The Chinese doctor who tried to raise the alarm about the new coronavirus before it was even identified has died of the deadly virus.

Dr. Li, 34, was hospitalized on January 12 after contracted the virus from his patient, and he was confirmed to have the coronavirus on February 1, and The World Health organization has just confirmed his passing…

As a reminder, Li Wenliang – who warned the public of a potential “SARS-like” disease in December 2019 – was questioned by local health authority, and warned:

“We solemnly warn you: If you keep being stubborn, with such impertinence, and continue this illegal activity, you will be brought to justice – is that understood?”

Dr, Li was later summoned by Wuhan police to sign a reprimand letter in which he was accused of “spreading rumors online” and “severely disrupting social order.”

In the meantime, local authorities had apologized to him but that apology came too late, and now with 10s of millions of Chinese locked down under martial law, Wenliang was proven very much right.


Tyler Durden

Thu, 02/06/2020 – 11:16

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Rental Car Companies Collect $4 Billion in Special Treatment While Complaining That Their Competitors Get Special Treatment

State governments grant rental car companies special favors worth billions of dollars each year. Now those same companies are asking for one more: regulations to cripple potential competitors.

Ohio, for example, passed a law in July to tax and regulate car-sharing businesses like Turo and GetAround—sort of an Airbnb for your car. These peer-to-peer services let individuals browse a website or mobile app and select which car they want to rent, at a price and duration determined by the vehicle’s owner. Like Airbnb, Turo and GetAround simply facilitate the transaction and take a percentage of the fee paid by the renter.

The rise of these alternative markets worries traditional rental car companies. As Reason reported in 2018, Enterprise Rent-A-Car and the American Car Rental Association, an industry group, have been pushing state lawmakers to curb the growth of peer-to-peer rental platforms. Usually they do this by arguing that it’s only fair to treat all rental car platforms the same.

Hence the law passed in Ohio.

“This effort is all about parity and fairness, in Ohio and every other state,” said Ray Wagner, senior vice president of government and public affairs for Enterprise Holdings, which also owns the Alamo and National rental car brands, in a statement about the passage of Ohio’s new law.

“It just doesn’t make sense for one section of this industry to benefit from loopholes and special carve-outs,” he added.

That’s true. But traditional rental car companies benefit from more than $4 billion in annual tax breaks and subsidies from state governments—thanks to “loopholes and special carve-outs” that aren’t available to the newfangled peer-to-peer rental platforms.

The biggest of those loopholes is the simple fact that rental car companies are exempt from paying sales tax when they buy new vehicles. According to a report published this week by NetChoice, that sale tax exemption saved rental car companies more than $3.5 billion last year. In California, where other residents have to pay a 7.25 percent tax on the price of a new car, that tax break saved rental car companies more than $676 million in 2019.

That sweet deal isn’t available to users of Turo or GetAround. Good luck telling your state that the reason you didn’t pay your vehicle sales tax bill is because you plan to rent the car as a side hustle.

“State governments hand out billions to companies like Enterprise and Hertz, providing them an unfair advantage over competitors, like peer-to-peer car-sharing services,” says Steve DelBianco, NetChoice’s president.

The NetChoice report also examines the so-called “vehicle license fees” tacked onto the cost of renting a car through traditional platforms such as Enterprise or Hertz. Consumers probably don’t think about that fee as anything different than a tax—but in reality, it simply provides additional revenue for the rental car platform and does not go to local or state governments.

Think about it this way: Most businesses have to take overhead costs, such as licensing fees, into account when setting their prices. But rental car companies have used their influence in state capitals to get laws passed that effectively allow them to charge a lower sticker price and then hit consumers with a separate fee to cover a basic cost of doing business.

Car owners using Turo or GetAround don’t just have to pay their own vehicle sales taxes and licensing fees; in many places they are already subject to high taxes. A 2016 report from researchers at DePaul University found that “nearly a quarter of the country’s 40 largest cities impose retail taxes that increase the costs of a one-hour car-share by more than 30 percent.”

Despite the stacked deck, car-sharing continues to grow. About 10 million people used car-sharing in 2017, and estimates suggest that number could grow to 36 million by 2025. In a survey of traditional rental car operators taken last year, “competition from peer-to-peer networks (Turo, GetAround)” was rated as the biggest threat to business.

Traditional rental car companies aren’t facing an existential threat from car-sharing. Just as how Airbnb will never be able to offer enough volume to displace hotels completely, services like Turo are not going to wipe out companies like Enterprise, which owns more than 2 million vehicles. But peer-to-peer car-sharing does provide a worthwhile alternative that some people might prefer, and it does seem likely to cut into traditional rental car companies’ margins.

If traditional rental car companies were really seeking a level playing field in their contest against these alternatives, maybe they should give up their special sales tax break. Don’t hold your breath.

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Here’s something that makes absolutely no sense

If you feel like you’ve been watching a meteor streaking across the sky over the past several weeks, it turns out it was just Tesla stock soaring to astronomical heights.

As of Tuesday afternoon, Tesla’s stock price was up 4x in the last four months, more than double since the beginning of January, and nearly 50% since February 1st.

(The stock is now down about 20% from that peak.)

It was an absolutely epic surge that nearly outpaced the 2017 Bitcoin bubble.

But even still– the company is now worth a whopping $136 billion at the time of this writing.

Much of the stock’s rise was related to Tesla’s earnings, which were announced at the end of January; the company reported a net loss for the year, and a total of 367,500 vehicles sold in 2019.

I find this pretty incredible; Tesla told investors at the beginning of 2019 that they would sell between 360,000 and 400,000 vehicles for the year. They achieved the low end of that estimate.

And that’s great. Congratulations. But the stock price is now multiples higher simply because they did what they said they would do. That’s a pretty low bar.

At $136 billion, Tesla is now worth more than Ford, General Motors, and Nissan COMBINED. Those three companies collectively sell more than 14 million vehicles annually.

Now, don’t get me wrong– I like Tesla just fine. This isn’t a dig against company. But I find it extraordinary how much investors are willing to overpay for shares.

According to the company’s most recently financial statements, Tesla lost $745 million in 2019.

Well, that’s OK… newer companies often lose money for several years before they reach maturity while they’re still growing.

But Tesla’s balance sheet also shows total ‘equity’ of just $6.6 billion.

This is essentially Tesla’s ‘net worth’, i.e. the value of all of its assets, including factories, cash, inventory, brand value, etc. minus liabilities like loans and other obligations.

Remember, investors are essentially buying shares of Tesla at a value of $136 billion. This means that people are willing to pay more than TWENTY TIMES what Tesla’s assets are worth even though the company is losing money.

Now let’s look at a mature company to see a comparison.

Volkswagen Group is the largest automobile conglomerate in the world; it owns brands like Porsche, Bugatti, Audi, Bentley, Skoda, Lamborghini, Seat, and of course, Volkswagen.

In total, Volkswagen Group sells more than 11 million vehicles per year. This makes it THIRTY TIMES bigger than Tesla in terms of vehicle sales.

Volkswagen Group earned more than $13 billion in 2018, and will likely exceed that figure when it reports its 4th quarter numbers for 2019. This ranks Volkswagen among the 50 most profitable companies in the WORLD.

And Volkswagen’s equity is $131 billion according to its most recent financial statements.

So– Tesla loses money and has equity valued at $6.6 billion. Volkswagen sells 40x as many cars, is one of the most profitable companies in the world, and has $131 billion in equity. (Volkswagen also pays a small dividend to shareholders.)

Which of these companies is worth more?

You guessed it. Tesla.

Volkwagen’s stock price values the entire company at just $95 billion.

So investors are willing to pay $20 for every $1 in equity for unprofitable Tesla. But they’re only willing to pay 72 cents for every $1 in equity for extremely profitable and much larger Volkswagen.

Why?

This is where people usually talk about Tesla’s ‘technology’, its leadership with electric vehicles, autonomous driving, etc.

That might have been true several years ago. But every automobile manufacturer in the world has had the opportunity to catch up. And Tesla is no longer the clear leader.

Volkswagen’s Audi brand recently launched its A8 with the most advanced autonomous driving technology in existence. The A8, in fact, is the only production vehicle in the world with ‘level 3’ autonomous driving technology. ‘Level 3’ is so bleeding edge it isn’t even legal yet in many countries.

And just yesterday, one of Nissan’s autonomous vehicles broke a record in the UK for driving 230 miles (on an extremely complicated route) without any driver involvement.

Plus there are plenty of other companies developing driverless technology, including some giants like Google. So, again, Tesla is no longer the clear leader in this field.

Moreover, pretty much every auto manufacturer now offers electric vehicles, from luxury brands like Porsche’s Taycan and Jaguar’s I-PACE, to affordable, mass market vehicles like the Volkswagen e-Golf.

Many of these models are very highly rated and extremely competitive with Tesla’s products.

In addition to not having any clear technological advantage, Tesla also has no special financial or manufacturing advantage.

Automobile manufacturing is a fairly low margin business, and Tesla is no exception. The company’s gross profit margin (according to its own financial statements) is 20.1%.

This means that it costs Tesla about 80% of the sales price to manufacture the vehicle. So 80 cents out of every dollar in vehicle sales goes to manufacturing expenses. The other 20 cents has to pay for all the other expenses of the business– legal, accounting, rent, etc.

20.1% is pretty much in line with the rest of the industry; Volkswagen Group posted a gross profit margin of 19.65%, and Daimler (Mercedes) was 19.8%.

So from this perspective, Tesla is just like every other automobile manufacturer. It just happens to be unprofitable and a lot smaller… yet it’s somehow worth more than most of its competitors combined.

That makes total sense.

Source

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Rental Car Companies Collect $4 Billion in Special Treatment While Complaining That Their Competitors Get Special Treatment

State governments grant rental car companies special favors worth billions of dollars each year. Now those same companies are asking for one more: regulations to cripple potential competitors.

Ohio, for example, passed a law in July to tax and regulate car-sharing businesses like Turo and GetAround—sort of an Airbnb for your car. These peer-to-peer services let individuals browse a website or mobile app and select which car they want to rent, at a price and duration determined by the vehicle’s owner. Like Airbnb, Turo and GetAround simply facilitate the transaction and take a percentage of the fee paid by the renter.

The rise of these alternative markets worries traditional rental car companies. As Reason reported in 2018, Enterprise Rent-A-Car and the American Car Rental Association, an industry group, have been pushing state lawmakers to curb the growth of peer-to-peer rental platforms. Usually they do this by arguing that it’s only fair to treat all rental car platforms the same.

Hence the law passed in Ohio.

“This effort is all about parity and fairness, in Ohio and every other state,” said Ray Wagner, senior vice president of government and public affairs for Enterprise Holdings, which also owns the Alamo and National rental car brands, in a statement about the passage of Ohio’s new law.

“It just doesn’t make sense for one section of this industry to benefit from loopholes and special carve-outs,” he added.

That’s true. But traditional rental car companies benefit from more than $4 billion in annual tax breaks and subsidies from state governments—thanks to “loopholes and special carve-outs” that aren’t available to the newfangled peer-to-peer rental platforms.

The biggest of those loopholes is the simple fact that rental car companies are exempt from paying sales tax when they buy new vehicles. According to a report published this week by NetChoice, that sale tax exemption saved rental car companies more than $3.5 billion last year. In California, where other residents have to pay a 7.25 percent tax on the price of a new car, that tax break saved rental car companies more than $676 million in 2019.

That sweet deal isn’t available to users of Turo or GetAround. Good luck telling your state that the reason you didn’t pay your vehicle sales tax bill is because you plan to rent the car as a side hustle.

“State governments hand out billions to companies like Enterprise and Hertz, providing them an unfair advantage over competitors, like peer-to-peer car-sharing services,” says Steve DelBianco, NetChoice’s president.

The NetChoice report also examines the so-called “vehicle license fees” tacked onto the cost of renting a car through traditional platforms such as Enterprise or Hertz. Consumers probably don’t think about that fee as anything different than a tax—but in reality, it simply provides additional revenue for the rental car platform and does not go to local or state governments.

Think about it this way: Most businesses have to take overhead costs, such as licensing fees, into account when setting their prices. But rental car companies have used their influence in state capitals to get laws passed that effectively allow them to charge a lower sticker price and then hit consumers with a separate fee to cover a basic cost of doing business.

Car owners using Turo or GetAround don’t just have to pay their own vehicle sales taxes and licensing fees; in many places they are already subject to high taxes. A 2016 report from researchers at DePaul University found that “nearly a quarter of the country’s 40 largest cities impose retail taxes that increase the costs of a one-hour car-share by more than 30 percent.”

Despite the stacked deck, car-sharing continues to grow. About 10 million people used car-sharing in 2017, and estimates suggest that number could grow to 36 million by 2025. In a survey of traditional rental car operators taken last year, “competition from peer-to-peer networks (Turo, GetAround)” was rated as the biggest threat to business.

Traditional rental car companies aren’t facing an existential threat from car-sharing. Just as how Airbnb will never be able to offer enough volume to displace hotels completely, services like Turo are not going to wipe out companies like Enterprise, which owns more than 2 million vehicles. But peer-to-peer car-sharing does provide a worthwhile alternative that some people might prefer, and it does seem likely to cut into traditional rental car companies’ margins.

If traditional rental car companies were really seeking a level playing field in their contest against these alternatives, maybe they should give up their special sales tax break. Don’t hold your breath.

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“We Tactically Trim Risk”: JPMorgan Lists Four Reasons Why It Is Selling Stocks Here

“We Tactically Trim Risk”: JPMorgan Lists Four Reasons Why It Is Selling Stocks Here

For most of the past three years, JPMorgan strategists had been one of Wall Street’s biggest bulls, and foils to Morgan Stanley’s Michael Wilson who after 2017 emerged as the street’s biggest bear.

Yet, ironically or not, just as Michael Wilson appears to have thrown in the towel and believes that even the global viral pandemic will at best lead to a 5% correction, if that (especially with the S&P trading at all time highs), JPMorgan is turning increasingly bearish, and in a Global Asset Allocation note released overnight by the team of Panagirtzoglou-Kolanovic-Normand, the JPM analysts are turning bearish on stocks, and “tactically trim the risk of our portfolio further and recommend a more modest equity overweight of 5% vs. 7% previously.”

The reason: “the market has been too quick to price in a recovery from the coronavirus pandemic, any re-acceleration in coronavirus cases as a result of factory re-openings or any delay in re-openings beyond next week, would both be negative for markets.” As a result, “despite this week’s equity market rebound we are reluctant to chase short-term momentum” JPM’s strategist warn as they trim the risk of their portfolio further and recommend a more modest equity overweight of 5% vs. 7% previously.

Notably, it was just last month that JPM cut the risk of its portfolio by reducing its recommended equity overweight to a more modest 7% overweight: “the motivation of this change was the strong performance of the equity market, which at the beginning of January had already approached our 2020 year-end targets for US equities, as well as the significant increase in institutional investors’ equity positioning since last November.”

In retrospect, this move was both good and bad: good because, JPM’s more cautious stance “reduced somewhat the drawdown from market moves over the past three weeks which highlighted a vulnerability in equity markets to negative news.” Bad, because stocks appears to have now completely ignored any economic and market risks resulting from the pandemic and are trading at all time highs. 

However, to JPM this is a mistake, and here’s why:

  • First, although we recognize that the peak in the rate of increase in the number of new coronavirus cases appears to be  behind us as containment measures thus far appear to have been effective (Figure 1), this could change as factories reopen in China and more people come in contact with each other. In other words, there is a significant risk of an unexpected re-acceleration of new coronavirus cases

  • Second, the economic impact of the coronavirus outbreak could prove a lot more severe if factories fail to reopen next week as expected. According to JPM’s Chinese economists each additional week of Chinese factory closure, would suppress the annualized pace of Chinese GDP growth for Q1 by 4-5 percentage points. As such, JPM’s Q1 forecast would be revised to a contraction of 4-5% if the Chinese factory re-opening is delayed by only one week. In addition, a more protracted factory closure could delay the subsequent V-shaped recovery. Meanwhile, as discussed last night, the economic spillovers from China to the rest of the world in the event of more adverse scenarios are likely to be significant. China is a lot more important for the world economy than during the SARS outbreak of 2003. Global PMIs will inevitably take a hit in the coming releases, clouding the macro picture for at least the next 1-2 months. This could remove from the macro picture the positive impulse from the global PMI rebound that propelled equity and risky markets since last October.

  • Third, certain institutional investors such as CTAs and other momentum traders likely still have elevated positions in US equity futures, implying plenty of room to propagate further negative news if the closures of Chinese factories prove more protracted than currently expected. As a reminder, we also pointed out over the past three weeks that virtually every investor class is now all in, suggesting the risk of a waterfall liquidation is high in case of a major economic deterioration. In addition, JPM warns that retail investors appear reluctant to support the equity market by as much as the bank had hoped for previously. The reason: “the Great Rotation thesis for 2020, i.e. a sharp deceleration in bond fund buying from last year’s $1tr record pace and an acceleration in equity fund buying, does not appear to be happening yet”

  • Fourth, the previous re-steepening of the US curve that, at the end of last year, gave support to the idea that a midcycle adjustment is taking place in the US similar to that seen during 1995/1996, is now reversing. The gap between the 1-month USD OIS rate 2-years forward minus the equivalent rate 1-year forward, had exhibited persistent negativity during 2018/2019, resembling the previous recessions of 2001 and 2007, rather than the mid-cycle adjustments of 1995 and 1998. This leads JPM to conclude that “while it was encouraging that this forward spread had moved closer to zero in Q4 2019, it has failed to enter positive territory on a sustained basis and in fact shifted back into negative territory this year (Figure 5). In our opinion this reduces the confidence to the thesis of a repeat of the 1995/1996 mid cycle adjustment for the US economy which at the time also saw significantly higher equity prices and bear steepening of core government yield curves.”

And so, because of all the above four reasons JPM is selling even more equities, as it prefers “to tactically adopt a less bullish or less pro cyclical stance by cutting our equity OW from 7% to 5%.”

Among JPM’s other recommendations:

  • within commodities JPM exits its previous UW in Gold “as both retail and central bank flows provide sustained support.
  • The banks raises its allocation to corporate bonds by two percentage points “which reduces the size of our previous credit UW given the tactical reduction in our equity OW.”
  • Option markets currently embed below average volatility risk premia. Vol risk premia are particularly low for Eurostoxx50 and MSCI EM indices making them suitable for investors favoring long volatility trades “

And visually:

f


Tyler Durden

Thu, 02/06/2020 – 10:45

via ZeroHedge News https://ift.tt/2S1Jn9s Tyler Durden

Judge Upbraids University for Unfair Investigation

The University of Connecticut expelled a male student for an allegedly nonconsensual sexual encounter with a female student. But now a judge has issued a temporary restraining order to halt the student’s removal, on the grounds that the university’s investigation was wildly unfair.

The Foundation for Individual Rights in Education (FIRE) has obtained a transcript of the court proceeding, which took place on January 23. As it shows, U.S. District Judge Michael Shea was especially perturbed that UConn did not interview key witnesses who would have undermined the accuser’s credibility.

“I am troubled by aspects of this procedure,” said Shea, “and in particular I think the thing that troubles me the most is the fact that the hearing body refuses to hear from four of the plaintiff’s witnesses.”

None of the witnesses saw the encounter itself, which took place in April 2019 in a dorm room and involved only the male and female students. But prior to the disputed encounter, the two students—identified in the lawsuit as John Doe and Jane Roe—rode in a car together with several other people. Jane sat on John’s lap, and he claims that she spent the ride grinding on him.

That Jane had initiated activity at this stage of the night does not mean she consented later, of course. But importantly, she denied to investigators that the amorous encounter in the car had occurred at all. The other people in the car contradicted that—they heard, and could feel, her rubbing against John—and were willing to speak to this at the university’s hearing, but UConn denied them, claiming they did not have relevant testimony.

The judge rightly disagreed. Since there were no witnesses to the encounter itself, adjudicators must considerable the relative credibility of the two students. If Jane lied about her level of sexual interest in John immediately prior to the encounter, that raises the question of whether she was lying about what happened later. Ignoring witnesses who could speak to this was thus unfair.

The university’s lawyer attempted to argue that the witnesses were not allowed to speak at the hearing because they didn’t have direct evidence. Shea responded: “Oh, come on. I thought you were going to be serious about this.”

Later, the judge asked UConn’s lawyers to explain how the university’s actions—disallowing John from questioning Jane’s supportive witnesses—could possibly be consistent with due process.

“Given the severity of the sanction here, how is it in compliance with due process that he’s not allowed to question, or have somebody question, at least statements that were being relied on by witnesses who—excuse me—by the hearing officers by witnesses who weren’t even present?” asked Shea.

FIRE’s Samantha Harris spoke with John’s attorney, who said the university’s ambivalence toward any notion of fairness for the accused was obvious throughout the proceedings.

In any case, the ruling is a great step in the right direction. Harris notes that while the First and Sixth Circuit Courts have issued decisions that affirm the right of accused students to conduct cross-examination when universities conduct such trials, the relevant case law is “relatively underdeveloped” in the Second Circuit.

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