Re: Tax Lawyers (was Re: ECON: Eliezer's calls (barter))

From: GBurch1@aol.com
Date: Sat Mar 11 2000 - 16:17:12 MST


In a message dated 3/11/00 1:46:58 PM Central Standard Time, T0Morrow@aol.com
writes:

> *I'm* no tax lawyer either, but I really must take exception to Greg's
> supposition. Tax lawyers provide a *very* valuable and commendable
service
> by helping citizens to find the lowest legal tax possible. Granted, tax
> lawyers indirectly benefit from a complex and burdensome tax code. They
do
> not cause it, however, and do much to help we victims of it to reduce its
> harms--and the tax revenue flowing to statists.

While that's true, there would be FAR, FAR fewer tax lawyers in anything like
a fair system of law. The reason we have such a damnably complex tax system
is because, once you start making "tax policy", the legislature becomes a
trading floor for narrow, special interests and hidden wealth redistribution.
 Since all tax policy is really redistribution of wealth, I've often thought
a worthwhile fundamental constitutional provision would be "NO TAX POLICY":
Raise money with taxes and spend it openly, or don't tax or spend at all.

In a message dated 3/11/00 1:32:13 PM Central Standard Time,
sasha1@netcom.com writes:

> So if you and I bought houses in Bay Area 50 years ago for $30K apiece,
> and now want to swap them (while they have the estimated market value
> of $1M each), each of us will have to pay about $300,000 ?
> And for that, each of us would have to sell the house and move
> to some God-forgotten area like Boston?

In theory, this seems like it would be the result, since you "realized your
gain" (but see below).

> What if people swap "usage rights". I still "own" my house,
> and you owe yours, but we swap usage rights for them?
> - Shadow ownership of sorts. Same for everything else.
> You still "own" the groceries, I am just digesting them :-)

Actually, this can give rise to one of the cleverest tax dodges I've ever
heard of. You and I buy cars, only I buy the car you want and you buy the
car I want. Now I lease the car you bought and visa versa. We each claim
the car we have title to as a business asset for our "leasing business",
which we can then depreciate. It actually works.
  
> (Maybe the govt. could also collect its duties in barter?
> For every 3 family members you would have to host one bureaucrat)

I'd rather pay cash

In a message dated 3/11/00 4:35:32 PM Central Standard Time,
retroman@turbont.net writes:

> Capital gains on home sales, so far as I know, are not incurred if the
> money is re-invested back into real estate, if its a primary home, or if
> you put that money into oil well exploration (wildcatting).

I know the former is true, but I'm not sure about the latter (although I
should, being a Texan.

> One of the strategies that I know works in tax court when you get nabbed
> for not paying taxes: You are not obligated to obey a law you or an
> average citizen cannot understand. Simply cart in a whole copy of the
> tax code (somewhere in the tens of thousands of pages), and ask the
> judge if he expects an average citizen to understand this law in whole.
> Its really great when you use some passages of the tax code which are
> 50% cross references to other regulations and codes, with lots of if,
> ands/ors, etc... Let the judge try to read these passages and ask him if
> he understands what it means. Such cases are dismissed at this point.

I've never heard of this and, with respect, it sounds bogus. A whole lot of
the tax code is dense, impenetrable "code-speak". If this argument worked,
I'd expect we wouldn't have to pay much in the way of taxes at all.

But I'm not going to say anything more about tax law. Someone needs to
create a corporation or blow up a refinery, so I'll know what I'm talking
about . . .

       Greg Burch <GBurch1@aol.com>----<gburch@lockeliddell.com>
      Attorney ::: Vice President, Extropy Institute ::: Wilderness Guide
      http://users.aol.com/gburch1 -or- http://members.aol.com/gburch1
                                           ICQ # 61112550
        "We never stop investigating. We are never satisfied that we know
        enough to get by. Every question we answer leads on to another
       question. This has become the greatest survival trick of our species."
                                          -- Desmond Morris



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