NODE aa13bfb0Re: Burden of proof
Scottauge@aol.comFri, 16 Aug 1996 10:16:14 +0800
In a message dated 96-08-15 17:35:20 EDT, you write:
> This relates to something I have been wondering about: If one could
> get one's company to pay one in electronic cash, what is to stop one
> from piling the coins in a Datahaven somewhere (assuming one existed
> that would be usable for these purposes) and say to the IRS: Money?
> What money? Can you find any of my money? I, uhh... lost it! Yeah,
> that's it!!
But then how do you spend it? What if instructions are given to the banking
system to not deal with such and such bank (or datahaven)? How are you going
to get it out and spend them deniros?
NODE 089325efRe: Burden of proof
Alan Horowitz <alanh@infi.net>Sat, 17 Aug 1996 07:52:00 +0800
> > This relates to something I have been wondering about: If one could
> > get one's company to pay one in electronic cash, what is to stop one
> > from piling the coins in a Datahaven somewhere (assuming one existed
The income "tax" is not a tax.... it is an excise. There is a crucial
difference. Taxes are assessed against *things*, excises are assessed
against events.
If you don't pay a property tax, the assessor forcloses agains the thing.
If the thing changes hands during the tax year, the tax due is pro-rated
against both parties interest in the item.
An excise is assessed against an event. For example, the constructive
recipt of income. As in, when the employer disburses it to your
constructive (*legal definition*) control.
That's why you cannot say to the IRS, "Sorry, I already spent it all. You
can't assesse me, I don't have it".