TAX EVASION AS A PUBLIC SERVICE
March 11, 2002
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03-11-2002 A.L.E.R.T. (A.merica L.aw E.ducation R.ights & T.axation)

TAX EVASION AS A PUBLIC SERVICE

This just in: The March 4, 2002 issue of 'THE LIGHTHOUSE' -- a publication
of The Independence Institute; write to info@independent.org to subscribe)
-- quoted an article by Pierre Lemieux which originally appeared in the
February 27, 2002 issue of Canada's 'National Post', titled 'Tax Evasion
As A Public Service', in which the author asserts 'A statue should be
erected to the Unknown Tax Evader'.

This is certainly one of the more interesting pieces I've read in a while.
Lemieux (who shows more restraint than I did; I chuckled out loud) argues
that 'tax evasion represents a net benefit to everybody' because 'by
drying up the source of funds, [it] constitute[s] a built-in restraint to
state growth...'.

Tax evasion as a 'public service'? Jail doors everywhere would spring
open! Restraining the growth of the welfare state? This could cause Algore
to hurl himself against a tree! Refusing to fund your own subjugation?
What will they think of next!?

Our Communitarian-in-Chief, President George Dubya Bush, has called for us
all to donate our time (for free, of course) to 'public service'. Did he
have tax evasion in mind?

One can only hope that future articles from Lemieux will discuss
withdrawing from the banking system (!), severing all connections to a SSN
(!!), or no longer making applications for licenses (!!!). Would there be
no end to such irresponsible suggestions? What is the world coming to?

For a glimpse of what the world is coming to, read 'The Sovereign
Individual' by James Dale Davidson, available at amazon.com and elsewhere.
The book's subtitle is 'How To Survive and Thrive During The Collapse Of
The Welfare State'. Davidson describes how freedom-fighting folks the
world over are voting with their feet and heading for the exits (diving
under the financial covers, that is) in droves.

Yes, the dam is springing leaks, big time. Are there enough fingers in
Washington to plug them all? Can you spell 'exploding underground
economy'? So is this 'gray market' some vast, subterranean financial world
in which copious amounts of cash changes hands 'under the table'? Yes!
Just ask the CIA.

Don't allow your destroyers to co-opt your language. The so-called
'underground economy' is the REAL economy, where consenting adults come
together to agree on exchanges of value within an unregulated, free
enterprise marketplace, untampered with by government. No minimum wage, no
price fixing, no subsidies, no free cheese. What ... no free cheese?

Bear in mind that one can only evade a tax (a premeditated, willful act)
for which one has first been made liable. Liability precedes evasion. No
liability, no evasion. No tickee, no washee. So who (whom?) has Congress
made liable for the income tax? Answer: the withholding agent. See code
sections 7701(a)(16), 1461, 1441, 1442 and 1443.

* * *

TAX EVASION AS A PUBLIC SERVICE

Chicago gangster 'Big Al' Capone was a murderer, extortionist, bootlegger
and pimp. But when the feds realized they couldn't make any of those
charges stick, they got him on tax evasion.

Little has changed since Capone's day to make dodging what Ben Franklin
called one of life's two certainties any more respectable. And even if you
think taxation to fund Uncle Sam's 'services' is too high, still you may
think that tax evasion is a criminal affront to law-abiding taxpayers, who
are unable or unwilling to avoid the taxman.

Leave it to economist and Independent Institute research fellow Pierre
Lemieux to argue that tax evasion is a public service.

In a recent op-ed in Canada's NATIONAL POST, Lemieux argued that because
the conventional wisdom assumes -- naively -- that public servants
actually serve the public's interests, any threat to the funding of
government programs is viewed as necessarily undesirable. In reality, says
Lemieux, bureaucrats and politicians want to maximize the state's revenues
because this is in their interest, not the public's. And that, according
to Lemieux, means tax evasion isn't the crime against taxpayers that most
people make it out to be.

'In this perspective, revenues drive expenditures, not the inverse,'
writes Lemieux. 'The more income the state gets, the more priorities it
will find to justify its spending, regardless of what is really
economical. It follows that tax evasion and the underground economy, by
drying up the source of funds, constitute a built-in restraint to state
growth...

'Consequently, tax evasion represents a net benefit to everybody, tax
evader or not. Confiscatory taxes corner taxpayers into the sort of
peaceful self-defense called tax evasion. Tax evasion, and its twin
sister, the underground economy, are a second-best to what would otherwise
be an even more interventionist state. Without the threat of the
underground economy, all taxpayers would be milked, and regulated, more. A
statue should be erected to the Unknown Tax Evader.'

***

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