OCCOM BILL
 
  1  
Reply Mon 22 Jan, 2007 09:49 am
parados wrote:
Your claim that these men were part of some great conspiracy to create an income tax flies in the face of reality Bill. It makes no sense. That would make Hamilton and Madison also part of this conspiracy.
I'm beginning to think your obtuseness may not be intentional. Hamilton and Madison were neither on the Jury nor do suspect either had any trouble understanding the word "Direct Tax" Both were plenty familiar with Adam Smith... and practically copied his homework. Did you even look at the obvious meaning of Direct and Indirect Taxes as defined repeatedly in The Wealth of Nations? Did you bother to familiarize yourself with the man who is probably most responsible for the principals our constitution was built on? Read some of his book. Google who he is... and then come back with your predictable diversion accusations of desperation. Show me one peace of pre-constitutional literature that defines those two classes of Taxes from an authority on par with Adam Smith... with the definition we are now asked to believe. Or, more likely, when you fail to produce it make some more diversionary accusations and declare a few more sez me and so and so's in lieu of same.

You know what I'd really like, above all? Is for you to stop adamantly defending 200 year accepted legislation as if it needed your defense… it doesn't. The law is the law. Open your ample mind to the possibility that maybe, just maybe, government sometimes acts in its own best interest. Give an honest look at the evidence instead of searching furiously for tiny flaws to latch onto, while possibly missing a bigger piece of the puzzle. Switch sides for a moment and pretend your assignment is to find the flaws in the legislation itself and see what your eyes can see. Maybe even read up on what a fledgling power-hungry part-time Supreme Court gave the opinion in Hylton... Consider the ramifications of discovering an error in Springer… ask yourself why Madison would so thoroughly corrupt the work of his respected teacher… Why words would suddenly take on hitherto unknown meanings, that coincidentally result in benefit for the government of the U.S. You may just be surprised… or you may not… but give it an effort man. Your intellectual integrity should demand as much. This isn't a high school civics class and there will be no points awarded for memorizing established facts.

As for Madison… I apologize and request a full retraction. I wasn't taking notes as I read and I can't recall who I mixed up there. Hamilton maybe? I'll try to retrace my steps later, but right now I gotta get some rest. Between this nonsense and studying for work I must have read 500 pages last night. I'll try and figure out where I screwed that up later.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 23 Jan, 2007 12:36 am
joefromchicago wrote:
You seem to think that the constitution is written with crystalline clarity, such that there is simply no room for doubt, let alone interpretation. I don't know how you got that idea, but it's pretty remote from the truth. The "direct tax" clause is just one of the more obscure parts of the constitution, but it is not the only one.
It ceases to be obscure, once you read the "Wealth of Nations". I see nobody wants to refute that historical gem.
0 Replies
 
joefromchicago
 
  1  
Reply Tue 23 Jan, 2007 09:16 am
OCCOM BILL wrote:
It ceases to be obscure, once you read the "Wealth of Nations". I see nobody wants to refute that historical gem.

Maybe because it isn't worth the effort. The Wealth of Nations has no precedential value. If the drafters of the constitution understood "direct" to mean the same thing that Adam Smith did, then the best evidence for that fact isn't Smith's writings, it is the drafters' writings. And if the drafters and Smith disagreed, then it's not Smith's interpretation that prevails. In any event, it seems quite clear, from The Federalist Papers, congressional actions, and court opinions, that the framers of the constitution understood "direct" to encompass two things: land taxes and capitation taxes.
0 Replies
 
parados
 
  1  
Reply Tue 23 Jan, 2007 09:18 am
So lets find our common ground..

A direct tax is a capitation tax or a tax on real estate.
An indirect tax is a tax on commodities
We can both agree on that.

That leaves a large area where there is some disagreement.

The constitution says..
Quote:
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers

and this
Quote:
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises,

Quote:
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.


So lets look at what some of those at the convention said about "direct taxes." We already know what Paterson said. You discount it.

This is what Gouverner Morris said at one point in his diaries.
Quote:
"I fear we differ in opinion on the subject of taxation. Disliking heavy duties, I would raise revenue principally by internal but not by direct taxes, which are ungracious and tormenting, and when pushed are no longer taxation but confiscation. A land-tax is just nowhere, and sovereignly unjust here.

and this
Quote:
"I am sorry to see, by a late newspaper," Morris wrote to Mr. Moss Kent, on March 3d, "that our friend King has eloquently supported a perpetual land-tax....Now, to cure the wounds wantonly made on your farmers and finances, you try to squeeze out the last drop from their penury by the pressure of direct taxation. Why, in the name of heaven, why uphold a system radically wrong?"


In Fed 36, the only direct taxes Hamilton refers to are real property, houses and lands and a poll tax.
In Fed 21 Hamiltion states
Quote:
Those of the direct kind, which principally relate to land and buildings, may admit of a rule of apportionment. Either the value of land, or the number of the people, may serve as a standard.

A statement that sounds very similar to the one made by Paterson which you discounted.

In Madison's record of the debates of the Constitutional convention, it's clear that duties, imposts and excises are indirect taxes. What isn't made clear is the meaning of "direct taxes." At one point Madison records that the question is asked of the meaning of "direct taxes" and no one responds.

Madison's records of the convention can be found here

A summary of the arguments can be found here..
here in the blue box on slavery.

In Springer the ruling cites Hamilton in a legal brief as saying..
Quote:
'What is the distinction between direct and indirect taxes? It is a matter of regret that terms so uncertain and vague in so important a point are to be found in the Constitution. We shall seek in vain for any antecedent settled legal meaning to the respective terms. There is none. We shall be as much at a loss to find any disposition of either which can satisfactorily determine the point.'

That appears to directly contradict your claim that it must have a very precise meaning or that Hamiliton must have relied on Smith. If he had relied on Smith would he not have pointed to Smith as the source?

The founders would have also read Locke, Hobbes, Hume, Blackwell, Plato, etc, etc. To declare that Smith must be the source of their word choice is to limit yourself.

Madison's record of the debates is an interesting read. When you read the discussion of how to apportion representation by wealth or population and how the "direct taxes" argument was introduced as a compromise it becomes much clearer. (July 11) If apportionment by wealth then the southern states wanted slaves counted as property. If apportionment by population then they wanted them counted as population. The direct tax compromise meant they lost some representation but the slaves would have been 3/5 in any property tax and 3/5 in any capitation tax. It is hard to read any other intent into the word choice.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 23 Jan, 2007 10:22 am
I like the idea of finding common ground. I'll learn more in a think-tank type setting than heated debate. I don't have time to read Madison's complete record now, but will soon. I'd you to read these two quotes, keeping in mind the definitions Smith provided. You'll see no contradiction that way either.

parados wrote:
This is what Gouverner Morris said at one point in his diaries.
Quote:
"I fear we differ in opinion on the subject of taxation. Disliking heavy duties, I would raise revenue principally by internal but not by direct taxes, which are ungracious and tormenting, and when pushed are no longer taxation but confiscation. A land-tax is just nowhere, and sovereignly unjust here.

and this
Quote:
"I am sorry to see, by a late newspaper," Morris wrote to Mr. Moss Kent, on March 3d, "that our friend King has eloquently supported a perpetual land-tax....Now, to cure the wounds wantonly made on your farmers and finances, you try to squeeze out the last drop from their penury by the pressure of direct taxation. Why, in the name of heaven, why uphold a system radically wrong?"


I've ordered a copy of Smith's Wealth of Nations because staring at the computer is killing my eyes. From what little I did read, it sounds like a preliminary blueprint for our system of government. Read what Jefferson had to say about it in what I quoted above before casting him off as just another author.

Also keep in mind, Income Taxes weren't an issue at the time, so there would be no reason to mention them... but that by no means means they couldn't fit in the definition of other Direct Taxes. I've yet to see ANY definition for Direct and Indirect as vivid as Adam Smith's, quoted above. His definition of Indirect is every bit as compelling as his definition of Direct... and even if he hadn't mentioned wages directly, there can be little doubt which category they'd better fit into. Every one of our Indirect Taxes fit his definition perfectly... save Income Tax. So too do our Direct Taxes. Coincidence? Confused

joefromchicago wrote:
OCCOM BILL wrote:
It ceases to be obscure, once you read the "Wealth of Nations". I see nobody wants to refute that historical gem.

Maybe because it isn't worth the effort. The Wealth of Nations has no precedential value. If the drafters of the constitution understood "direct" to mean the same thing that Adam Smith did, then the best evidence for that fact isn't Smith's writings, it is the drafters' writings. And if the drafters and Smith disagreed, then it's not Smith's interpretation that prevails. In any event, it seems quite clear, from The Federalist Papers, congressional actions, and court opinions, that the framers of the constitution understood "direct" to encompass two things: land taxes and capitation taxes.
No one is disputing that "Direct" encompasses those. How very unscholarly of you to not seek a better understanding of the word... if one might be available. Blatantly ignoring the best book of it's kind according to Thomas Jefferson, as a possible reference point strikes me as intentional avoidance. The Wealth of Nations need not have precedential value, to help us better understand the admittedly obscure definition of words used two centuries ago. How can you not question a word taking on a brand new definition being included in our constitution? Can you cite another such instance?
0 Replies
 
joefromchicago
 
  1  
Reply Tue 23 Jan, 2007 11:40 am
OCCOM BILL wrote:
No one is disputing that "Direct" encompasses those. How very unscholarly of you to not seek a better understanding of the word... if one might be available. Blatantly ignoring the best book of it's kind according to Thomas Jefferson, as a possible reference point strikes me as intentional avoidance.

I don't need to seek a better definition. The definition that the framers of the constitution gave is amply documented and is consistent with their purpose.

OCCOM BILL wrote:
The Wealth of Nations need not have precedential value, to help us better understand the admittedly obscure definition of words used two centuries ago.

Obscure? Well, you've certainly come a long way from saying that the definition of "direct" was obvious.

OCCOM BILL wrote:
How can you not question a word taking on a brand new definition being included in our constitution? Can you cite another such instance?

You are now officially grasping at straws.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 23 Jan, 2007 01:28 pm
joefromchicago wrote:
OCCOM BILL wrote:
No one is disputing that "Direct" encompasses those. How very unscholarly of you to not seek a better understanding of the word... if one might be available. Blatantly ignoring the best book of it's kind according to Thomas Jefferson, as a possible reference point strikes me as intentional avoidance.

I don't need to seek a better definition. The definition that the framers of the constitution gave is amply documented and is consistent with their purpose.

OCCOM BILL wrote:
The Wealth of Nations need not have precedential value, to help us better understand the admittedly obscure definition of words used two centuries ago.

Obscure? Well, you've certainly come a long way from saying that the definition of "direct" was obvious.

OCCOM BILL wrote:
How can you not question a word taking on a brand new definition being included in our constitution? Can you cite another such instance?

You are now officially grasping at straws.
So JoefromChicago knows what Hamilton didn't?

In Springer the ruling cites Hamilton in a legal brief as saying..
Quote:
'What is the distinction between direct and indirect taxes? It is a matter of regret that terms so uncertain and vague in so important a point are to be found in the Constitution. We shall seek in vain for any antecedent settled legal meaning to the respective terms. There is none. We shall be as much at a loss to find any disposition of either which can satisfactorily determine the point.'
That's what I meant by admittedly unclear. But as long as you see 20/20, what difference does the definitions of words in the period mean?

Wiki on Hamilton:
Quote:
Hamilton's next milestone report was his Report on Manufactures. Congress shelved the report without much debate, except for Madison's objection to Hamilton's formulation of the General Welfare clause, which Hamilton construed liberally. Nevertheless, The Report on Manufactures is a classic document heralding the industrial future America would soon inhabit. In it Hamilton counters Jefferson's vision of an Agrarian American nation of farmers and gives a clear vision for a dynamic industrial economy, subservient to manufacturing interests. Hamilton discusses some problems relating to Adam Smith's Wealth of Nations,[citation needed] while borrowing from Smith's theory at the same time. As a state paper, the report on manufactures failed to bring about any policy recommendations but was much read[citation needed] during the nineteenth century.


Smith on the defintions, again.
Quote:
The state, not knowing how to tax, directly and proportionably, the revenue of its subjects, endeavours to tax it indirectly by taxing their expense, which, it is supposed, will in most cases be nearly in proportion to their revenue.

Smith again:
Quote:
It is thus that a tax upon the necessaries of life operates exactly in the same manner as a direct tax upon the wages of labour.

That's grasping for straws in your book? I've established a concrete defintion for Direct and Indirect, written prior to the Constitution. Can you dispute that? Can you show me any opposing definition from the period? Do you assume none of our other founders read the book->
Quote:
Thomas Jefferson, who described "The Wealth of Nations" as "the best book extant" on political economy
Question I find it hard to believe you don't find it even curious that a brand new definition for "direct" mysteriously appeared in our constitution. Adam Smith's use of the word makes perfect sense today, just as it did two centuries ago. The Supreme Court's use of the word, has no natural definition, before or after, it's supposed use in the constitution. How can that seem so crystal clear to you? It doesn't make sense.
0 Replies
 
parados
 
  1  
Reply Tue 23 Jan, 2007 01:53 pm
There is always a problem with pulling something out of context. This is one of the first references that Smith makes to taxes and how they are direct or indirect.

Quote:
The transference of all sorts of property from the dead to the living, and that of immovable property, of lands and houses, from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. Such transactions, therefore, may be taxed directly. The transference of stock, or movable property, from the living to the living, by the lending of money, is frequently a secret transaction, and may always be made so. It cannot easily, therefore, be taxed directly. It has been taxed indirectly in two different ways; first, by requiring that the deed containing the obligation to repay should be written upon paper or parchment which had paid a certain stamp-duty, otherwise not to be valid; secondly, by requiring, under the like penalty of invalidity, that it should be recorded either in a public or secret register, and by imposing certain duties upon such registration. Stamp-duties and duties of registration have frequently been imposed likewise upon the deeds transferring property of all kinds from the dead to the living, and upon those transferring immovable property from the living to the living, transactions which might easily have been taxed directly.

It makes his meaning quite different than the one pulled out of context in the wages section that follows this one.
An direct tax is one on the specific item. An indirect tax is one that taxes an item by taxing something related to it.

Now lets look at the first time "direct tax" is used in the wages section of taxation, chapter 5 art 3.
Quote:
While the demand for labour and the price of provisions, therefore, remain the same, a direct tax upon the wages of labour can have no other effect than to raise them somewhat higher than the tax.
Smith is referring to a tax directly on the wage as opposed to later when he talks about the indirect nature of taxing consumption. Both tax the wages. One directly and the other indirectly.

The reality Bill is that when you take the totality of Smith's writing he explains that all items can be taxed directly or indirectly. In some cases it isn't possible to tax directly so indirect measures are used. Direct and indirect are nothing more than adjectives stating how the specific object is taxed. It is not some great revelation that the founders could not have missed. The founders would have read all of Smith. They would have been aware of how the words were used. This reading of "direct" and "indirect" leads us back to capitation and property as used in the Constitution since those are the items being talked about when it is used.

But lets for a moment assume that only a tax on consumption is an indirect tax. How does that allow for the ruling in the Hylton case on a carriage tax? Certainly the tax is directly on the carriage and it isn't an income tax.
0 Replies
 
parados
 
  1  
Reply Tue 23 Jan, 2007 02:03 pm
Bill,
You have fallen into recycling the arguments of the tax protestors. You are pulling the use of the word by Smith and claiming it means more than it does. All taxes are direct taxes on the object taxed. It is only a question of whether it is an attempt to indirectly tax something else.

Consumption taxes indirectly tax wages
Income taxes indirectly tax labor performed.
A labor tax indirectly taxes the manufacturer.
A manufacturer tax indirectly taxes the consumer.

It is a cycle that will always have circles to follow.
0 Replies
 
joefromchicago
 
  1  
Reply Tue 23 Jan, 2007 02:22 pm
OCCOM BILL wrote:
I've established a concrete defintion for Direct and Indirect, written prior to the Constitution. Can you dispute that? Can you show me any opposing definition from the period? Do you assume none of our other founders read the book.

You haven't even established that Smith settled on a definition of "direct tax." From what you've quoted, all I can conclude is that Smith differentiated "direct" from "indirect" taxes by how close the tax got to the objects being taxed. But that clearly isn't how the framers of the constitution used the term. As it states in Art. I, sec. 9: " No Capitation, or other direct, Tax...." Now, under the rule of ejusdem generis (which would have been as familiar to the framers of the constitution as Adam Smith's Wealth of Nations), in a statute where a class is mentioned and one or more members of that class are specifically identified, the class is deemed to consist of members that are of the same nature as those that are specifically identified. In this particular instance, the general class is "direct tax" and the specifically identified member of that class is "capitation tax." Thus, anything that is a "direct tax" under the constitution is a tax that bears the same general characteristics of a capitation tax. Furthermore, such a tax cannot be like a duty, impost, or excise tax, because the constitution makes it clear that these taxes are not apportioned according to the census.

So what is an income tax? Is it more like a capitation tax or more like a duty, impost, or excise tax? Did Adam Smith have an answer to that question, O'Bill? Because that was exactly the kind of question that the justices had to answer in Hylton.

OCCOM BILL wrote:
Question I find it hard to believe you don't find it even curious that a brand new definition for "direct" mysteriously appeared in our constitution. Adam Smith's use of the word makes perfect sense today, just as it did two centuries ago. The Supreme Court's use of the word, has no natural definition, before or after, it's supposed use in the constitution. How can that seem so crystal clear to you? It doesn't make sense.

It makes perfect sense to me. I see nothing to suggest that Smith was even interested in defining "direct tax," so the fact that the framers of the constitution came up with their own definition isn't really very astonishing.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 23 Jan, 2007 03:24 pm
parados wrote:
There is always a problem with pulling something out of context. This is one of the first references that Smith makes to taxes and how they are direct or indirect.
I've read everyone of those and more and have pulled NOTHING out of context. Read it again before you make such an outlandish claim. You couldn't possibly have arrived at that conclusion without a great effort to do so. Open your mind, man.

parados wrote:
Quote:
The transference of all sorts of property from the dead to the living, and that of immovable property, of lands and houses, from the living to the living, are transactions which are in their nature either public and notorious, or such as cannot be long concealed. Such transactions, therefore, may be taxed directly. The transference of stock, or movable property, from the living to the living, by the lending of money, is frequently a secret transaction, and may always be made so. It cannot easily, therefore, be taxed directly. It has been taxed indirectly in two different ways; first, by requiring that the deed containing the obligation to repay should be written upon paper or parchment which had paid a certain stamp-duty, otherwise not to be valid; secondly, by requiring, under the like penalty of invalidity, that it should be recorded either in a public or secret register, and by imposing certain duties upon such registration. Stamp-duties and duties of registration have frequently been imposed likewise upon the deeds transferring property of all kinds from the dead to the living, and upon those transferring immovable property from the living to the living, transactions which might easily have been taxed directly.

It makes his meaning quite different than the one pulled out of context in the wages section that follows this one.
An direct tax is one on the specific item. An indirect tax is one that taxes an item by taxing something related to it.
The meaning isn't different at all and in fact blends perfectly. While land has sometimes been taxed indirectly by requiring a deed or title, and taxing that... it could easily have been taxed directly since it isn't going anywhere. An automobile in today's world, would be difficult to tax directly... because to many sales would not be reported, so they are instead taxed indirectly by requiring a title. There's no contradiction here. Both the words direct and indirect are taking on their natural meaning.

parados wrote:
Now lets look at the first time "direct tax" is used in the wages section of taxation, chapter 5 art 3.
Quote:
While the demand for labour and the price of provisions, therefore, remain the same, a direct tax upon the wages of labour can have no other effect than to raise them somewhat higher than the tax.
Smith is referring to a tax directly on the wage as opposed to later when he talks about the indirect nature of taxing consumption. Both tax the wages. One directly and the other indirectly.
Nonsense. Read it again, and again if necessary until you understand what you just quoted. A direct tax on wages is just that. A tax on consumption is NOT tied to wages, but he articulates very clearly that it accomplishes the same thing (collecting tax) with some degree of accuracy if you tax things that everyone needs. The tiny excerpt you quoted is actually part of an explanation that they method sucks because when you tax a wage, a wage has to be increased not just by the amount of the tax; but also enough to tax the increase in wage the tax requires. He was very clear; you must be skimming.

parados wrote:
The reality Bill is that when you take the totality of Smith's writing he explains that all items can be taxed directly or indirectly. In some cases it isn't possible to tax directly so indirect measures are used. Direct and indirect are nothing more than adjectives stating how the specific object is taxed. It is not some great revelation that the founders could not have missed. The founders would have read all of Smith. They would have been aware of how the words were used. This reading of "direct" and "indirect" leads us back to capitation and property as used in the Constitution since those are the items being talked about when it is used.
You are so off base you will be embarrassed when you realize it. Direct and Indirect ARE nothing more than adjectives in Smith's writing, taking on their natural meaning. Not until you actually write a law prescribing how to collect taxes do they become intrinsic in something bigger. Our founders did that... and we are now debating whether or not they understood the natural meaning of the words they chose to use. I'm guessing they did. You are adamantly insisting they did not.

parados wrote:
But lets for a moment assume that only a tax on consumption is an indirect tax. How does that allow for the ruling in the Hylton case on a carriage tax? Certainly the tax is directly on the carriage and it isn't an income tax.
Bingo! It doesn't. And that's where two centuries of redefining the word "Direct" began. It was right then and there that a constitutional amendment was required. As written, Hylton was right. The appropriate remedy would have been to rule in favor of Hylton and ask legislation to get busy creating an amendment to allow for such a tax, or leave it repealed and therefore unconstitutional. Instead, they chose to legislate from the bench and perverted the word "Direct".

I pulled nothing out of context and that assessment is ridiculous. Read those sections again. Dude doesn't skimp on the details. Read your quotes, and the rest of Smith's writing on that page more closely and you'll see that he explains in great detail what he means by Direct Tax on wages. Pity our framers didn't do our constitution such justice. Nobody's perfect.

parados wrote:
Bill,
You have fallen into recycling the arguments of the tax protestors. You are pulling the use of the word by Smith and claiming it means more than it does. All taxes are direct taxes on the object taxed. It is only a question of whether it is an attempt to indirectly tax something else.
That is patently false. I have avoided all tax protestor sites like the plague since writing that list of 13 conclusions. Every source I've quoted from is as sterile as could be hoped for. I did this because I wanted to go in fresh. Your conclusions are in error.

parados wrote:
Consumption taxes indirectly tax wages
No, they indirectly Tax people if and when they choose to consume.
parados wrote:
Income taxes indirectly tax labor performed.
No, Income taxes directly tax labor performed.
parados wrote:
A labor tax indirectly taxes the manufacturer.
What pray tell is a labor tax? If you mean Income tax, you are wrong. A manufacturer doesn't necessarily raise wages when wage earner's taxes are raised. These days our feudal lords pay us peasants more than the needs of basic sustenance.
parados wrote:
A manufacturer tax indirectly taxes the consumer.
What pray tell is a manufacturer tax? If you mean sales tax, then yes, that indirectly taxes consumers if and when they choose to consume.

parados wrote:
It is a cycle that will always have circles to follow.
No, this is silly word play that even fails in that endeavor.

Joe, at the time the constitution was written; many people believed that all wealth came from the land. That's what the Wealth of Nations disputed in theory and what the United States proved in practice. In this sense, income and land are very much members of the same class.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 23 Jan, 2007 03:41 pm
(missed a paragraph)
Now, all that being said… when the framers chose to create two great forms of taxes; direct and indirect; the most logical distinction would be how they tax individuals; directly or indirectly. Clearly, Smith writes that taxing consumption is a way to get a man's money indirectly and taxing his wages or land taxes him directly. This is the most logical definition.
0 Replies
 
joefromchicago
 
  1  
Reply Tue 23 Jan, 2007 03:49 pm
OCCOM BILL wrote:
Joe, at the time the constitution was written; many people believed that all wealth came from the land. That's what the Wealth of Nations disputed in theory and what the United States proved in practice. In this sense, income and land are very much members of the same class.

Then you're contradicting yourself. Either everyone at the constitutional convention believed that all wealth came from the land, in which case they believed that all taxes on income were direct taxes and they disagreed with Smith, or else they agreed with Smith, in which case they didn't think that taxes on income were direct taxes. Which is it?

OCCOM BILL wrote:
Now, all that being said… when the framers chose to create two great forms of taxes; direct and indirect; the most logical distinction would be how they tax individuals; directly or indirectly. Clearly, Smith writes that taxing consumption is a way to get a man's money indirectly and taxing his wages or land taxes him directly. This is the most logical definition.

Or, in other words, you prefer your definition of "direct tax" to the definition given in the constitution, by the framers themselves, and by contemporaneous writers and jurists. That's not grasping at straws, that's grasping at nothing.
0 Replies
 
OCCOM BILL
 
  1  
Reply Tue 23 Jan, 2007 04:21 pm
joefromchicago wrote:
OCCOM BILL wrote:
Joe, at the time the constitution was written; many people believed that all wealth came from the land. That's what the Wealth of Nations disputed in theory and what the United States proved in practice. In this sense, income and land are very much members of the same class.

Then you're contradicting yourself. Either everyone at the constitutional convention believed that all wealth came from the land, in which case they believed that all taxes on income were direct taxes and they disagreed with Smith, or else they agreed with Smith, in which case they didn't think that taxes on income were direct taxes. Which is it?
That is a false dilemma. How about they knew land was a tremendous source of wealth and believed other income would be as well and they didn't account for an income tax because they assumed people taxes would be collected indirectly, as per the strategy to date. An income tax is in no way, shape, or form indirect. This is likely either a shortcoming of the constitution... or it was never intended that income taxes be collected. Smith pointed out that income taxes would be extremely difficult to collect and advised indirect taxes were a better strategy anyway. I concur. Did you see my sales tax thread?

joefromchicago wrote:
OCCOM BILL wrote:
Now, all that being said… when the framers chose to create two great forms of taxes; direct and indirect; the most logical distinction would be how they tax individuals; directly or indirectly. Clearly, Smith writes that taxing consumption is a way to get a man's money indirectly and taxing his wages or land taxes him directly. This is the most logical definition.

Or, in other words, you prefer your definition of "direct tax" to the definition given in the constitution, by the framers themselves, and by contemporaneous writers and jurists. That's not grasping at straws, that's grasping at nothing.
No, in other words I prefer to give words their natural meaning unless a reason to do otherwise is clearly stated. No such reason was given. Hamilton himself stated no definition was given, Joe.
0 Replies
 
parados
 
  1  
Reply Tue 23 Jan, 2007 08:42 pm
Quote:
Nonsense. Read it again, and again if necessary until you understand what you just quoted. A direct tax on wages is just that. A tax on consumption is NOT tied to wages, but he articulates very clearly that it accomplishes the same thing (collecting tax) with some degree of accuracy if you tax things that everyone needs. The tiny excerpt you quoted is actually part of an explanation that they method sucks because when you tax a wage, a wage has to be increased not just by the amount of the tax; but also enough to tax the increase in wage the tax requires. He was very clear; you must be skimming.


I didn't skim Bill. I happened to read the next 2 pages as well as the preceding parts of the chapter.

Quote:
The impossibility of taxing the people, in proportion to their revenue, by any capitation, seems to have given occasion to the invention of taxes upon consumable commodities. The state, not knowing how to tax, directly and proportionably, the revenue of its subjects, endeavours to tax it indirectly by taxing their expense, which, it is supposed, will in most cases be nearly in proportion to their revenue. Their expense is taxed by taxing the consumable commodities upon which it is laid out.
Is it still nonsense when Smith says it?


By the way Bill. How does Smith refer to land taxes? As direct or indirect? Compare what he says or fails to say to what was said in the ruling of Pollock.
0 Replies
 
parados
 
  1  
Reply Tue 23 Jan, 2007 10:06 pm
Lost my entire post so I will attempt to recreate it and I know I will have left out parts this time...
OCCOM BILL wrote:


parados wrote:
The reality Bill is that when you take the totality of Smith's writing he explains that all items can be taxed directly or indirectly. In some cases it isn't possible to tax directly so indirect measures are used. Direct and indirect are nothing more than adjectives stating how the specific object is taxed. It is not some great revelation that the founders could not have missed. The founders would have read all of Smith. They would have been aware of how the words were used. This reading of "direct" and "indirect" leads us back to capitation and property as used in the Constitution since those are the items being talked about when it is used.
You are so off base you will be embarrassed when you realize it. Direct and Indirect ARE nothing more than adjectives in Smith's writing, taking on their natural meaning. Not until you actually write a law prescribing how to collect taxes do they become intrinsic in something bigger. Our founders did that... and we are now debating whether or not they understood the natural meaning of the words they chose to use. I'm guessing they did. You are adamantly insisting they did not.
I am not insisting that at all. I am saying they understood the meaning perfectly. They and I just understand it differently than you do. You may change your mind when you read the entire chapter on taxes.
Quote:

parados wrote:
But lets for a moment assume that only a tax on consumption is an indirect tax. How does that allow for the ruling in the Hylton case on a carriage tax? Certainly the tax is directly on the carriage and it isn't an income tax.
Bingo! It doesn't. And that's where two centuries of redefining the word "Direct" began. It was right then and there that a constitutional amendment was required. As written, Hylton was right. The appropriate remedy would have been to rule in favor of Hylton and ask legislation to get busy creating an amendment to allow for such a tax, or leave it repealed and therefore unconstitutional. Instead, they chose to legislate from the bench and perverted the word "Direct".
Why is this tax on a automobile in your example above an indirect tax but the carriage tax direct? What is different between the 2?
By the way, Smith talks about a coach-tax as a consumption tax when he describes the 2 ways consumption can be taxed.
Quote:

I pulled nothing out of context and that assessment is ridiculous. Read those sections again. Dude doesn't skimp on the details. Read your quotes, and the rest of Smith's writing on that page more closely and you'll see that he explains in great detail what he means by Direct Tax on wages. Pity our framers didn't do our constitution such justice. Nobody's perfect.
The context is not the page Bill, but the entire chapter if not the entire 5 volumes.
This from the first paragraph on Taxation
Quote:
Many of those taxes, it will appear from the following review, are not finally paid from the fund, or source of revenue, upon which it was intended they should fall.
That sounds a lot like the definition of "indirect taxes" that Smith uses don't you think?
Quote:

parados wrote:
Bill,
You have fallen into recycling the arguments of the tax protestors. You are pulling the use of the word by Smith and claiming it means more than it does. All taxes are direct taxes on the object taxed. It is only a question of whether it is an attempt to indirectly tax something else.
That is patently false. I have avoided all tax protestor sites like the plague since writing that list of 13 conclusions. Every source I've quoted from is as sterile as could be hoped for. I did this because I wanted to go in fresh. Your conclusions are in error.
Your argument is the same one Hart used. You seem to have forgotten where you got the idea.
Quote:

parados wrote:
Consumption taxes indirectly tax wages
No, they indirectly Tax people if and when they choose to consume.
All taxes are paid by people since they are the ones that have revenue.
Smith said the same thing as I did.
Quote:

parados wrote:
Income taxes indirectly tax labor performed.
No, Income taxes directly tax labor performed.
Are you now saying that income taxes are not a direct tax on wages? They are. An income tax is on the wage. The wage is recieved for labor. So the tax is indirectly on the labor performed, not directly on it.

Quote:

parados wrote:
A labor tax indirectly taxes the manufacturer.
What pray tell is a labor tax? If you mean Income tax, you are wrong. A manufacturer doesn't necessarily raise wages when wage earner's taxes are raised. These days our feudal lords pay us peasants more than the needs of basic sustenance.
A tax could be levied on labor hired. It would be inneffiecient and probably detrimental to the economy but Smith gives many examples of innefficient and detrimental taxes. The manufacturer would pay the tax out of his profits so is indirectly taxed when he hires someone.
Quote:

parados wrote:
A manufacturer tax indirectly taxes the consumer.
What pray tell is a manufacturer tax? If you mean sales tax, then yes, that indirectly taxes consumers if and when they choose to consume.
You haven't been paying much attention to Smith if you don't know that a manufacturer tax is a tax on the manufacturer profits.
Quote:

parados wrote:
It is a cycle that will always have circles to follow.
No, this is silly word play that even fails in that endeavor.
Its silly word play that closely follows Smith's reasoning of how a tax on wages costs the consumer.
0 Replies
 
joefromchicago
 
  1  
Reply Wed 24 Jan, 2007 10:43 am
OCCOM BILL wrote:
That is a false dilemma. How about they knew land was a tremendous source of wealth and believed other income would be as well and they didn't account for an income tax because they assumed people taxes would be collected indirectly, as per the strategy to date. An income tax is in no way, shape, or form indirect. This is likely either a shortcoming of the constitution... or it was never intended that income taxes be collected. Smith pointed out that income taxes would be extremely difficult to collect and advised indirect taxes were a better strategy anyway. I concur.

Rather than go around and around on this again, let me just summarize:

My position is that, when the constitution talks about "direct taxes," it just means capitation and land taxes. I base that position on the wording of the constitution, the writings of the people who participated in drafting the constitution, and contemporaneous judicial opinions and congressional actions that either explicitly state that "direct tax" means capitation and land taxes, or that are inconsistent with any other interpretation of the term.

Your position is that, when the constitution talks about "direct taxes," it is talking about capitation taxes, land taxes, and income taxes (and possibly all sorts of other taxes). You base that position on ... well, on your own definition of "direct," which you seem to think is intuitively correct, and on some writings of Adam Smith, which may or may not have any bearing on the constitution.

Frankly, I think my position is much more likely to be correct than yours.

OCCOM BILL wrote:
Did you see my sales tax thread?

Yes.
0 Replies
 
Tryagain
 
  1  
Reply Sun 28 Jan, 2007 07:14 am
0 Replies
 
parados
 
  1  
Reply Sun 28 Jan, 2007 08:13 am
Game, set, match and you didn't score a single point tryagain.

http://www.quatlosers.com/irwin_schiff.htm

Quote:


You get one chance to argue the voluntary argument. Once it is explained to you, you no longer get to argue it. Basically, you can tell the IRS you don't have to pay because it is voluntary. They will send you what you just read and say pay up or else. That eliminates your argument for not paying taxes. You can still argue any penalties in court but not the original tax.

Arguing that you misunderstood voluntary won't absolve you from the tax. It will only absolve you from a criminal action as long as you pay up as required once it is explained to you.
0 Replies
 
Tryagain
 
  1  
Reply Mon 29 Jan, 2007 06:40 am
Parados wrote most eloquently, "Game, set, match and you didn't score a single point tryagain."


Based on all the foregoing and Occam's razor, I was forced to conclude…that I could have chosen a more upright citizen than that nutcase, but family is family if you know what I mean. However, undaunted by the odd setback, I put forward for your edification; the following legal success against the draconian tactics of the IRS:


International Tax Newsletter
Treasury Regulation Declared Invalid in Swallows Holding.

In Swallows Holding Ltd. v. Commissioner of Internal Revenue Service, 126 TC No. 6 (January 26, 2006) the Internal Revenue Service (IRS) attempted to disallow all deductions claimed on certain late filed tax returns by a foreign corporation because the returns were filed after the expiration of the 18-month grace period set forth in Treasury Regulation 1.882-4(a). In a detailed and well reasoned opinion, the tax court held that a timely filing requirement is not found in Section 882(c)(2) and further held that the 18-month timely filing requirement in Treasury Regulation 1.882-4(a) is invalid and therefore a foreign corporation need not comply with that requirement in order to secure deductions and credits. The court also made clear, however, that such deductions and credits could nonetheless be disallowed if the IRS files a tax return for the taxpayer because the taxpayer has failed to do so.

The IRS has not yet indicated whether it will appeal the decision.

The cracks are beginning to appear! 15-love.
0 Replies
 
 

Related Topics

HAPPY ANNIVERSARY, EVERYONE! - Discussion by OmSigDAVID
WIND AND WATER - Discussion by Setanta
Who ordered the construction of the Berlin Wall? - Discussion by Walter Hinteler
True version of Vlad Dracula, 15'th century - Discussion by gungasnake
ONE SMALL STEP . . . - Discussion by Setanta
History of Gun Control - Discussion by gungasnake
Where did our notion of a 'scholar' come from? - Discussion by TuringEquivalent
 
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 10/06/2024 at 10:19:47