[identity profile] jerseycajun.livejournal.com posting in [community profile] talkpolitics
Some of the following may not be news for those who have come across IRS publication 525 regarding taxable income, but to those who have not, I assure you I am not making the following up.

In looking for a particular form of income and where to put it in the tax form, I came across some of these other forms of taxable income:

"Illegal Activities Income from illegal activities such as money from dealing illegal drugs, must be included in your income on Form 1080, line 21 or on Schedule C...."

On this one, I can almost see a logic at work, albeit a very cynical one. Since police power rests with the states to prosecute drug laws, use the Capone method and get 'em at the federal level on tax evasion. Not sure how often it has or hasn't been used by the federal level to achieve prosecutions, but I can't think of any other reason to put such a ridiculous sounding provision in the tax code. Note, none of this should be interpreted to imply that I agree with any of these end-run shenanigans, but at least a certain logic can be seen.

Amongst the other taxable items:

Kickbacks, and Bribes (presumably for new and confused Congressmen unfamiliar about how these should be filed). The section also details how "found objects" qualify as income, despite the fact that it is for all intents and purposes, an un-enforceable tax. No money changes hands, and there is no record for if and when you find an object of value.

Now, I have been known to be fairly cynical in my attitudes to how the government operates, but when one sees these things printed in black and white, can there really be any wonder why I and others have deep seated skepticism (aside and apart from the more logical arguments one can make and which have been often made) when a new federal program like the recent health care initiative is touted as being 'deficit neutral'? How many of you were previously aware of these provisions? Can anyone here attempt to explain or even defend the inclusion of some of these provisions?

(no subject)

Date: 15/4/10 04:09 (UTC)
From: [identity profile] existentme.livejournal.com
"Found objects" is outrageous.

(no subject)

Date: 15/4/10 04:10 (UTC)
From: [identity profile] mrbogey.livejournal.com
The whole purpose is a form of entrapment. If you don't fill it out and you get busted... well they got you for another felony.

Everyone in the USA is a criminal. The only thing is most of us don't know what crime we're guilty of yet.

(no subject)

Date: 15/4/10 07:17 (UTC)
From: [identity profile] enders-shadow.livejournal.com
Not everyone.

Chuck Norris can't break the law. He *is* he law. fact (http://www.chucknorrisfacts.com/)

(no subject)

Date: 15/4/10 07:17 (UTC)
From: [identity profile] enders-shadow.livejournal.com
the law* (damn typo)

(no subject)

Date: 15/4/10 04:27 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
I would think these provisions are successfully defended under the Constitution.

(no subject)

Date: 15/4/10 04:34 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
Well, generally, when we're speaking about laws, the realm of constitutionality is the most appropriate.

(no subject)

Date: 15/4/10 04:43 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
Yes, but people's cynicism towards the government is neither interesting or notable. The whole point of government, classically speaking, is that it is a compromise with the evil nature of Man. Ideally speaking, we would recognize that government exists to serve as a compromise between citizens to abide by some less-than perfect system by which moral, political and intellectual differences do not interfere with a semblance of regular operation and prosperity.

That's nice that you find it silly. But that isn't the point. This isn't about the endless, millions upon millions of differing opinions, ideas and morals. This is about cobbling together some kind of make-shift system by which people can find food and shelter.

(no subject)

Date: 15/4/10 05:00 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
I'm sure we could go through the USC and find all sorts of things we don't like. In fact, I bet if we found the perfect government, we'd find all sorts of things we didn't like.

Yes, we get it, you don't like the government. You ain't sposed to.
(deleted comment)

(no subject)

Date: 15/4/10 21:31 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
I do believe I just got done saying that all laws are inherently bad.

(no subject)

Date: 15/4/10 04:27 (UTC)
From: [identity profile] reality-hammer.livejournal.com
It's been around for a while and has been successful in keeping many of the more loathsome people in jail for longer periods of time and allows the government to recoup part of the money spent on law enforcement.

The "found object" provision is for those people who just happen to "find" a suitcase full of 100s, for example. AFAIK a windfall has always been taxable (like an inheritance) and they just wanted to make it very clear it includes the wayward suitcase full of cash as well as an inheritance.

What I find objectionable is that this is used as a pretext for seizing cash and telling people they have to prove they came by it via legal means. (Yes, this means you Mr. Florida State trooper.)

(no subject)

Date: 15/4/10 04:40 (UTC)
From: [identity profile] merig00.livejournal.com
I've never got the reasons (except of course taxing everything and everyone) behind taxing inheritance.

(no subject)

Date: 15/4/10 05:18 (UTC)
From: [identity profile] mrsilence.livejournal.com
Well it's essentially income, isn't it?

If you don't object to income tax, you can hardly object to inheritance taxation. At least with income you actually worked for and can claim to have a moral right to it.

(no subject)

Date: 15/4/10 13:02 (UTC)
From: [identity profile] merig00.livejournal.com
there's a big difference due to the source of so called "income"

(no subject)

Date: 15/4/10 18:53 (UTC)
From: [identity profile] merig00.livejournal.com
not really... it's a distribution of propery of a person cause he/she died and already paid all the income taxes on it.

(no subject)

Date: 15/4/10 05:44 (UTC)
From: [identity profile] ryder-p-moses.livejournal.com
Big fan of nobility, are you? Like, the feudal system, rule by birthright, that whole sorta thing. Earned income, sales, that's understandable, but the riches you get just by being born into the right class is sacred?

(no subject)

Date: 15/4/10 09:27 (UTC)
From: [identity profile] ghoststrider.livejournal.com
That's a helluva jump, from not understanding why government taxes inheritances to "big fan of nobility."

(no subject)

Date: 15/4/10 13:01 (UTC)
From: [identity profile] merig00.livejournal.com
Yes because dieing is such a financial transaction that needs to be taxed.

(no subject)

Date: 15/4/10 13:23 (UTC)
From: [identity profile] debergerac.livejournal.com
why limit it to the rich then. let's confiscate the property of everyone when they die. it's for the good of all.

(no subject)

Date: 15/4/10 05:58 (UTC)
From: [identity profile] ryder-p-moses.livejournal.com
It's been around for a while and has been successful in keeping many of the more loathsome people in jail for longer periods of time

Yeah but should the system of law really hinge on stacking time for redundant offense after redundant offense until a fucking traffic violation is potentially a life sentence just so the judiciary can do an end-run around double jeopardy and decide who gets off light and who gets sealed up in a box forever based on their profound insights into the soul of man?

I mean I understand that's a very popular perspective among law enforcement in particular, and it's easy to see why, makes their job a whole lot easier if they can decide who are the bad guys deep down just by looking at 'em and then punish them rather than having to gather evidence to prosecute serious offenses. But it kinda obviates the whole point of having, like, laws and fair trials and shit, rather than just dragging people in front of the King to decide arbitrarily who should be treated with mercy and who gets sent to the gallows based on who they're buddies with or how good a sob story they can tell. It's a cheap way to get around sentencing guidelines and double jeopardy, nothing more, nothing less.

Forfeiture and all that shit are a whole other level of fucked.
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(no subject)

Date: 15/4/10 12:27 (UTC)
From: [identity profile] ghoststrider.livejournal.com
Just because the law says it so doesn't mean it ends up that way. And just because they violate the law doesn't mean you can sue. It's never that cut and dried.

(no subject)

Date: 15/4/10 16:42 (UTC)
From: [identity profile] a-new-machine.livejournal.com
My guess is that it's founded under a 4th Amendment claim, so you'd have available legal claims under 28 U.S.C. sec 1983.
(deleted comment)

(no subject)

Date: 15/4/10 13:25 (UTC)
From: [identity profile] debergerac.livejournal.com
most people don't have the expertise or leverage.

(no subject)

Date: 15/4/10 09:53 (UTC)
From: [identity profile] adrunkencadence.livejournal.com
Intention of a law tends to differ radically in practice.
(deleted comment)

(no subject)

Date: 15/4/10 16:43 (UTC)
From: [identity profile] a-new-machine.livejournal.com
Tell that to 5/8ths of the Supreme Court. Well, they go by purpose, not intent, but you get the idea.

(no subject)

Date: 15/4/10 19:50 (UTC)
From: [identity profile] 3fgburner.livejournal.com
Seems to me, that's not good enough. You're still being forced to incriminate yourself. The only way that could be acceptable is if the IRS had an absolute, 100%, total prohibition against sharing that info with law enforcement.

"We can't give it out on our own" is NOT the same as "this information is confidential".

(no subject)

Date: 15/4/10 11:21 (UTC)
From: [identity profile] dukexmachismo.livejournal.com
Kickbacks, and Bribes (presumably for new and confused Congressmen unfamiliar about how these should be filed).

Now all we need is a deduction (or, better, a credit) for bribes paid.

(no subject)

Date: 16/4/10 23:09 (UTC)
From: [identity profile] gunslnger.livejournal.com
It's like giving to charity, right?

(no subject)

Date: 17/4/10 00:11 (UTC)
From: [identity profile] dukexmachismo.livejournal.com
It's redistribution we can believe in!

(no subject)

Date: 15/4/10 12:03 (UTC)
From: [identity profile] root-fu.livejournal.com
US government now requires those seeking to overthrow it, to register (http://www.cbsnews.com/8301-503544_162-6263224-503544.html)

(no subject)

Date: 15/4/10 14:47 (UTC)
From: [identity profile] silver-chipmunk.livejournal.com
You did read the article, right? It's a state law that's been on the books since 1951.

(no subject)

Date: 15/4/10 16:40 (UTC)
From: [identity profile] a-new-machine.livejournal.com
On this one, I can almost see a logic at work, albeit a very cynical one. Since police power rests with the states to prosecute drug laws, use the Capone method and get 'em at the federal level on tax evasion.

Wrong. The federal government can enforce drug laws. See Gonzales v. Raich.

Overall, though, I believe this is actually a result of international accounting rules. I'm trying to remember what the category was called, but basically there's this system called the Balance of Payments sheet. It's like a national accounting sheet. Anyway, one of the categories is basically "illegal activity, bribes, black market, etc." only phrased more nicely. Many international borrowers and accounting protocols require you to make some attempt to determine the amount of these variances, at least in name. And yeah, they tack it on to the crimes when you get arrested, too. Or, they can. Just like every drug indictment includes an indictment for violations of federal communication laws, because they assume that you used a phone at some point, and that's illegal.

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