vanguarden decks fund. >> how about that? dennis, you have two seconds. what do you like? >> mine picked up 55% in six years. >> the cashings in now. >> the government now telling businesses who they can and can't hire. some democratic lawmakers in texas are now giving apple an ultimatum. if the company wants a tax break it has to hire workers who are, quote, economically disadvantaged. is that crossing the line? hi, everyone, i'm cheryl. welcome to cashing in. our cashing in crew, wade rogers, jonathan, tracy, john and joining us this week fox news contributor sally cohen. i want to start with you, sally. should the government ever tell private companies who they can and can't hire. >> government can't tell private companies to do anything and i'm sure apple and ceo tim cook are

actually giggling behind their ipads as they listen to this because they have created company that's the best in the world not because what have the government had to say to them. and for the government to actually think they could select employees is just as laughable. >> well, they are paying big bucks. apple could go to austin, texas. they could get an 830% tax rebate over ten years. that's a huge chunk of change for apples. >> once you let the feds in, they will dictate to you what they want to. that's up to apple. if you are getting the tax breaks and people getting the tax breaks say you have to do something to get them, you are not going to throw out the bathwater with the baby. are you going to accept it or not do it? what they ought to do is say we don't need any of that, we are going to go down there because it's a good economic move and we are going to hire whoever we want to hire and we are going to work the way we want to work. by the way, inherent in this is something i had logically weird, i find. that the government or somebody in the government knows who is

disadvantaged and who isn't and can dictate to you what disadvantaged means. that's the part that's bad. >> and sally, the precedent i think could be a little bit concerning for some american companies that maybe want to open up a new plant in delaware or maine but they are told you have to hire these specific people. that could happen some day. >> and the precedent is the giant tax breaks, the special tax breaks that are given to out-of-state corporation to go try to lure them business that puts them at an advantage over local businesses. and i think he is exactly right, apple is playing texas here. they can go to arizona, they can move jobs overseas. they are laying texas and all texas is saying we want a return on our investment because clearly they are basically saying we aren't going to get any tax benefit from apple being here. at the very least they can invest in the local economy and local employees who need jobs. it's simple.

>> one thing i found fascinating this is austin, texas. that's dell country. that's probably a different subject. but what they are going to be bringing in, it's apple. they will bring in job. it's pristige for the city of as you sin. >> in i'm the mayor of austin, texas, and you tell apple i'm going to give you huge tax breaks if you come here, i have a right, if they agree, to dictate who i want them to hire because i am now on investor with taxpayer money in this. this is all about negotiations at this point. >> georges it's cronyism. it's not negotiation, it's cronyism. >> these can't run a one-car parade but if you want to dance with them and take their tax breaks, they have a right to tell what you to do. >> jonathan -- >> they have no right to give the tax break. the tax breaks they are giving, john, is shouldered by everyone

else who don't get the tax breaks and that's the whole point. >> i agree. >> okay so whether it's apple or big oil or the chicago mercantile exchange like what happened in illinois, this is cronyism. it's the government picking winners and losers. it's an assault on people's minds, on apple's minds, they didn't get to be the biggest company in the world by picking idiots to work there. >> apple is asking for the tax break. this isn't the government doing thing. this is apple holding the government hostage and going state by state and say we will put the jobs overseas if you don't treat us special. >> government has no role in offering special tax breaks to anyone. it -- >> why does it harm them? >> it doesn't help apple. >> let them go somewhere else. let apple go somewhere else and they can and they will. apple doesn't need the tax break but it's human nature and

capitalism and for the taxpayer, get me the best deal. they are doing the right thing. the notion the state is come back and say you have to hire a certain amount of people only from this group and not this group, it's crazy, absolutely crazy. apple really should do the right thing and turn the whole thing down and say we are coming, we don't need your stinking breaks and we are going to do great things for your state. >> sure. but my original question was is it right for a government to dictate to private company who they can and cannot hire. >> of course not. as i said, this is the arrogance of, if you will, the arrogance of the government and also of all of the people who work for it in the sense that they can decide who is disadvantaged. how are they going to decide who is economically disadvantaged? it also implies that someone is somehow -- let me finish. it implies that someone is advantaged because they are saying disadvantaged. it's insane. you can't let the government do that. it's a free country and free

economy. you have team who can bargain for their jobs and bargain for it the same way. >> john, let me ask you something -- hold on. let me ask you this because you are from texas. i have to ask you this. does austin really need apple that badly? i mean, we are arguing about whether or not a government should be making this type of offer. does austin need to make the offer at all? >> they are making the offer, and what everybody is saying, and, yes, they can always use apple. it is one of the greatest companies in the history of the world, so austin could use apple. what everyone is saying, what john is saying is true. i just read an article from fox business.com, about 275 were the biggest companies in the united states now pay a 17% tax rate. why they are paying a third of what an llc pays in new york city is because they have the ability to buy off crooked politicians who are giving these tax breaks to these companies. that's why our tax code is so long. >> jonathan, hold on. we will have to go to the fox business.com to get into that side of it. jonathan, at the same time, you are making the argument here

government doesn't have the right. but these communities could use big companies to come in. isn't it fair -- hold on. isn't it fair, jonathan -- you have to let me finish now. isn't it fair, though, for them to say? it's a huge economic boost to any city who can get a company like apple in its doors. >> well, i don't -- i disagree, cheryl. i don't think it's a boost to anyone to give them a job that they are not deserving. it's like economic affirmative action. it actually sabotages people's own self-esteem to know, i didn't get this job because i deserved it, i got it because somebody down in city hall or washington or whatever pulled a string in my favor. it sabotages people whole sense of worth to contribute to a company and know they got it because of a government favor. >> i think all the people out there who are unemployed, who are the kind of people covered by this sort of deal, probably and should feel pretty darn offended by what you just said. what you are saying is apple shouldn't come in and poach people who are already working at other tech companies like

dell, but instead actually help -- jonathan, let me finish. actually boost the employment market in the city. if they are going to come in, they should create jobs in the city that's giving them the tax benefits and provide a ladder of opportunity for people. come on. >> how does the government know who is tech logically advanced enough to work in the confines of apple? how? >> come on, tracey. >> no, come on what. just because somebody is unemployed they are on the list? >> they aren't hanging them a list. they are saying hire these people. these are the kind of people who meet the criteria. apple has to go through the process of deciding who they hire and don't hire. >> what if they say i don't want any of them? then what. >> well, they shouldn't get the tax give away from the taxpayers. >> it shouldn't have been offer. >> sally and tracy getting into the holiday spirit. we will take a break. ladies, that was one. when we come back, lose it or use it. there is a new push to confiscate your gift cards. but it's not coming from

retailers. try the government. don't they get enough of your cash? plus, flying this holiday weekend? you better pack extra in your wallet. why one airlines new bag feeling for carry-ons has someone hearsaying all fees are about to take off.

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>> a new government cash grab going bad. a law in new jersey allows the state to claim the value of all of those unused gift cards after two years. but in order to do that, gift card sellers now have to obtain zip codes from buyers. that is why american express and other companies are saying no thank you, pulling their cards from the state. at least 30 states can nab inactive cards in one way or another. it's on the books legally in 30 days but you say enough is enough? >> yeah. that's right. that is what this is. this is theft, thievery. a store sells a gift card to a customer. the government has nothing to do with it.

if he doesn't use the gift card, it's as same as he bought a car and left it in the car and never drove it. it comes on the collectiveness notion wealth is publicly owned and needs to be used for the public good. they forget the retailer had the expense of selling the card, marketing the card, merchandising, putting the actual stuff on the shelves. this is a money grab and i think it needs to stop. >> john, do you think states have the right to do something like this? >> no, absolutely not. there's no other way to define this other than theft. if i want to buy a birthday card for my friend, wane rogers, who by the way, happy birthday, wayne. i understand he's 33 or 34 right now. if i buy him a birthday card it would have to be worth a lot of money because he's filthy rich. but if i guy the card and he doesn't use particular the government has no right to take it. what's worse, there's no way to find this out. what if a person from new york who is from massachusetts buys a card for someone in pennsylvania who is actually from delaware to

use in a store in new jersey, there is no way to track this whatsoever. that is why american express is going to just back out of new jersey. they stole one and a half million dollars of travelers checks last year from people because of nonuse. it's ridiculous. happy birthday, wayne. >> happy birthday, wayne. i didn't even know that. let me ask you this. it's not just amex saying, the retailers are suing the state as well in jersey. >> i'm from jersey. this is the stupidest thing i've ever heard my state do. it's sinister. eats like what else can we take from you because state taxes aren't high enough. it's evil and awful. here what is happening. it's an administrative nightmare. every time you buy a card in new jersey, you have to give your zip code to prove you live here and companies are saying it's too much work. why bother? it's so unfortunate for new jersey because that money would then be spent back in the states with those gift cards.

don't forget, the corporations don't book this as a sale until you use the plastic. and it's sitting in no man's land until you knew. jersey is making a grave mistake. i think it's really starting to alienate the residents. >> but again, sally, 30 states already have this kind of law on the books, and really they need the money. states across the country need the money. >> 30 states have a law but let's make a stink out of this one. i have to say, tracy, if you think this is the dumbest thing your state has ever done we should talk about "jersey shore" for a second. >> that has nothing to do with my state. it is a stupid l. a. decision. >> the wall street journal reported, the wall street journal's own reporting saying the card company is trying to make a stanch. they are saying what the governor of new jersey is simply trying to dos, we are going to prevent companies from taking that money back and actually preserve it for the consumer who paid for it in the first place.

>> they don't like the profits, they earned the profits. that's the whole point. money they earned, but they sold it to the consumer. >> and the consumer has chosen -- >> the company wins. >> the consumer has chosen -- >> again, argue with the law. >> just a minute. >> it's another great example of government help. you have three businesses going on five, including american express who is now pulling their services out of new jersey. it's another example of government regulation, government wealth destroying wealth, not creating it. >> if amex was going to bank in profits left and right, why didn't they make a statement and pull out of a major state and not do gift card business there at all? >> i'm surprised at jonathan because this is a premarket that is working. they say listen, you are going to take away something, we aren't going to do it anymore. we are going to pull out. american express and two other corporations are saying we don't have to do this. this is a free market. we aren't going to sell gift cards in your state so good-bye. it's a free market.

>> you keep saying it's a free market. >> hey, has wayne's birthday. let him speak. >> it's impossible. >> wayne, go ahead. >> yeah, i'm 39 anyway. [laughter] >> you look great. >> this happens. you happen to be wrong about this being an origin. it goes back to the english common law. if you go back and trace this back about how abandoned property arrives at the place where it came back in those days in the english common law that after two years the king was the person who got control of the property. so that's the origin of it, just in case you want to do a little historical investigation. but the point is in the free market system, i have the right not to do this. if i'm in your state and your state puts something against me that i don't like, fine, i won't do business in your state. simple. good-bye. >> i wanted to give last word to the birthday boy but now we are going to take a commercial break and we have a lot more coming up after the commercial rage.

outrage at the airport. airlines hitting passengers with higher bag fees just in time for the holiday weekend. why it could get more sensitive fly by the summer. not in this economy. we also have zero free time, and my dad moving in. so we went to fidelity. we looked at our family's goals and some ways to help us get there. they helped me fix my economy, the one in my house. now they're managing my investments for me. and with fidelity, getting back on track was easier than i thought. call or come in today to take control of your personal economy. get one-on-one help from america's retirement leader.

>> coming up, 35 bucks to carry your own bag on the plane. if someone here is right, it's about to get worse. plus, pay your taxes on time and cancel your tr

>> hello, i'm patty in washington many investigators now believe nobody was killed when a navy jet crashed boo a virginia peach apartment complex. fire officials have accounted for everyone in the complex. they are now trying to determine why the training jet malfunctioned. we will have a live report from the scene at the top of the

hour. as controversy builds, the obama administration is blaming president bush for a government program that wasted hundreds of thousands of taxpayers dollars on a lavish conference and rewards program. the white house points out the general services administration program was created under the bush administration. and one of the three mega millions winners has come forward. kansas says the winner has been identified but wants to remain anonymous. this comes as the maryland woman who claims to have purchased one of the other tickets now says she can't find it. more on this and the rest of the stories coming up on america's news headquarters. >> get ready for more flying fees. just as a new report finds travelers are more satisfied with airlines, allegiance air starts charging passengers up to $35 to put carry-on bags in the overhead bins. you say the fees floodgates are with to open wide?

>> yeah, just in time for spring break. come on, your starting price of an airline price is half of what is ends up to be because of the fees and penalties and you haven't paid half of it yet. i get on the plane and i complain about the seven dollars cookie every time we talk about this stuff. they have nothing better to do than to nickel and dime us to make up for all the tax they are paying for taxes and penalties imposed by the government. it is their price, it is in the ticket price and as a result you are paying for it. >> wayne, do you think other airlines are going to follow suit on this one? >> i don't know. and i really don't care. i think the airlines have a right to charge whatever they want to and if you don't like to you don't have to buy the ticket and go by bus or train or automobile. it's a free market for them. to the extent they dan charge whatever they want to charge for those seats. by the way, it's just for the overhead part of it. if you have a bag you can take that bag and put under the seat in front of you and if it fits, that's fine. so i say let them have it. let them charge whatever they want to as much as they want to

whenever they want to. >> sally, senator schumer, of all people, says if you are going to do this you need to give full disclosure on what fees are on the ticket. >> i think that's right. you buy a ticket and realize i could have bought the cheaper ticket if it weren't for the bags. everyone is frustrated with that. but to make a buck airlines are increasingly passing the pain on to customers and employees. frankly the ceo of american airlines last fall quit over it. he was disgust the it. and it's enough to make you want to reach for the airsickness bag. >> jonathan. >> air travel has fallen since the industry was partially deinvestigated. since being deinvestigated the price after ticket has fallen, and a movie ticket has gone up 240%. a airline ticket is cheap. a bag has weight, there's a cost to that. i empathize why an airline would want to charge more especially

since every element of the industry is investigated from the number of airports to the number of takeoffs to the design of the plane to the way the tickets are controlled, it's all controlled by government. >> and allegiance air made a comment, boarding is slower because everyone is bringing their bags on to the plane. this is part of our reasons for doing this. do you buy that? >> no, i don't buy that. all i buy is they are the worst organization, the only worst one since the u.s. government. they have lost money since wright first flew a plane at kittyhawk. but they have the right to charge whatever they want. they have the right to charge fat people twice or charge for overhead bins. it is not a right to fly. the airlines have a right to charge it and if you don't like it, don't fly. >> and you are so shy this morning. sally, thanks for joining us. great to have you again. coming up, we go from flight fees to being labeled a flight

risk. the government looking to ground your summer travel plans if you don't pay your taxes. and someone here says that's a great idea. man: 1939 -- my parents ran across an ad for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years.

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that's what i'm going to live within. ♪ ♪ >> time for what do i node to night nor next week, tracy. >> there's a new bill that will try to prevent people who owe more than $50,000 to the irs from leaving the country. i say bravo. collect outstanding taxes before you talk about raising rates on everyone else. >> all right. john. >> waitresses down in augusta, georgia are thrilled to death. tiger woods is back and another champion, yahoo, is trying to fight their way back to the top as well. i don't know if they like waffle house, though. >> interesting connection. wayne rogers. >> if you are look for a pharmaceutical to watch, look at x-core. it's active in the multiple sclerosis area and it deserves attention. >> interesting. >> what if i offered $50,00