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Neal Boortz supports fair tax proposal?
Neal Boortz web site ^ | Friday, December 10, 2004 | Neal Boortz

Posted on 12/17/2004 4:38:48 AM PST by JOHN W K

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To: jimthewiz
You wrote:

The existing proposal to set a sustenance level, below which no tax would be paid, is a more reasonable solution.

So, you support rationed tax free articles and making every American family dependant on a monthly welfare check?

241 posted on 12/18/2004 6:55:25 PM PST by JOHN W K
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To: jimthewiz
You wrote:

You keep referring to 'our Founding Father's original tax'. Until that is put into the form of legislation, it is not even an option. The options now are the FT or our current income tax.

Oh, but the tax plan I keep referring to is that which was intended by those who framed and ratified our constitution. A fundamental principle of constitutional law requires the legislative intent of a constituion, as contemplated by those who framed it and the people who adopted it to be carried out. So, you are very much in error. The fact is, Congress' tax legislation is to carry out the legislative intent for which its taxing powers were granted, and that is the only option, not the so called fair tax which is not recognized by our constitution or any powers granted therein.

242 posted on 12/18/2004 7:02:59 PM PST by JOHN W K
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To: Your Nightmare; Remember_Salamis; phil_will1

A NRST with a demogrant.

Show us.

Your excerpt just says consumption tax. And the index to the book indicates that Chapter (pp. 140-178) is devoid of references to National Retail Sales Taxes, RST or the Fair Tax Act.

It is also interesting to note your selected chapter in that book only mentions demogrants as a way of reducing tax burdens generally for the Social Security taxes specifically, use with the Business Transfer Tax (BTT), a subtraction method VAT:

 

http://www.chroniclesmagazine.org/Chronicles/December2004/1204Hartman.html

"BTT would establish a tax base that includes all commerce and employers, eventually reaching even employment and purchases in the government sector and employment in the ballooning not-for-profit sector. Although aimed at consumption, the BTT, by collecting from employers rather than from consumers, would offer little justification for allowing exemption, but it would also provide equitable rebates to offset spending on necessities. Such rebates would serve as replacement for exemptions, deductions, and credits, and, if the BTT were adopted as a single flat tax, all taxation of income could be eliminated."

http://www.chroniclesmagazine.org/News/Hartman/PublicPlunder.html

Many conservative and libertarian economists oppose a value-added tax on the grounds that, in Europe, it led to a runaway expansion of government. However, that was the result of imposing the value-added tax in addition to the corporate income tax instead of replacing the corporate income tax. Those who favor a consumption tax such as the VAT claim that the retail-sales tax is preferable, because it is visible. But the VAT can be legislated to be visible and results in lower rates than a retail-sales tax because of its broader base, since the value-added tax will include taxation of government, whereas a retail-sales tax will not.

A ten-percent value-added tax in the form of a business transfer tax that credits payroll taxes (replacing the 35-percent corporate income tax) would provide a sufficient surplus of revenues to convert the personal income tax to a 15-percent single rate. It could further provide the surplus necessary to eliminate all of the principal discriminatory features of the tax code as well—the “death tax,” the alternative minimum tax, phaseouts of exemptions and deductions, the marriage and married parenthood penalties, and customs duties. The surplus could also be augmented by converting the earned-income credit to healthcare vouchers, providing relief for Medicaid spending. It could further convert the 15-percent single-rate tax to a consumed-income tax, allowing unlimited deferral of income tax on saving for investment until consumed. And all of this can be accomplished on a tax-neutral basis without added deficits.

Over the course of a decade, the increased growth of investment, output, and incomes plus broader definition of the consumed-income tax base could allow a ten-percent business-transfer tax and a ten-percent single-rate consumed-income tax. A 20-percent business-transfer tax, however, would achieve the same tax-neutral results.

 

Regardless, the paper I quoted did take into account some dynamic results.

Again Show us,

I only find an index reference indicating discussion the method of "dynamic incidence analysis" as it might be compared to "distributional analysis". Hardly providing "dynamic analysis results", except the comparison of methods I guess is an analysis, and a result allowing the use of "some" in your phraseology. I guess it pays to look into the things like what

"the meaning of is, is."
-- B.J. Clinton.

 

LOL. I think I will save my $75 and go find a better sources of info on National Retail Sales Taxes than that particular chapter. Nice try though.

I'll check on the book the next time I'm in a library.
I'm sure the read will be enlightening about the Business Transfer Tax(BTT) and Armey/Shelby Flat Tax variants of "consumption" taxes and I'll save a bunch for better things.

Seems that chapter you quote out of leaves few questions to be answered, the least of which concern your favorite "consumption" (i.e VAT/Flat Tax) tax:

"the Hall-Rabushka flat tax is simply a subtraction-method, origin-based value-added tax. Their proposed flat tax is neither more nor less progressive than the traditional, European-style value-added tax, or a subtraction-method value-added tax (also known as a business transfer tax), just because a portion of the taxes are remitted by individuals. By excluding investment from taxation, the Hall-Rabushka flat tax will have the same incentive effects as the value-added tax, and the same impact on the Consumer Price Index. Its most substantive difference from the destination-based value-added tax is that it does not tax imports or give a rebate for exports."


243 posted on 12/18/2004 7:03:03 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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To: Remember_Salamis

So, is it in the constitution? So, is it being proposed as a constitutional amendment. If so, I would have to read it first to give you a truthful answer.


244 posted on 12/18/2004 7:10:28 PM PST by JOHN W K
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To: Remember_Salamis; JOHN W K

Are you aware that the GST in Canada was on top of their already obscene levels of taxation???

The Canadian GST is a VAT, and yes VATs generally are on top of already obscene levels of wage taxes and other excises.

GST introduced (January 1991) historical context, economic impact and related links

January 1, 1991 - GST Introduced: A new tax on consumption

The 7% Goods and Services Tax (GST) is a relatively new tax that came into effect in Canada on January 1, 1991. It replaced the out-dated 13.5% Manufacturers’ Sales Tax (MST), which had been in effect since 1924. The MST was generally levied at a rate of 13.5%, but was also highly complex in that it was subject to no fewer than 22,000 special provisions and administrative arrangements.

The GST is a simpler, fairer and more visible tax than its predecessor. It is a multi-stage value-added tax levied on a broad range of goods and services Businesses are entitled to receive a fully refundable credit (i.e., and input tax credit) for the GST they pay on the goods and services they purchase as inputs into their production and distribution processes. For this reason, the tax is said to apply only to the value added by a business. The GST applies to a broad range of goods and services; it doesn’t apply to items that are “zero-rated” or exempt, such as  basic groceries, most medical services and devices, prescription drugs and residential rents. To offset the regressive impact of a broader taxation base on low-income Canadians, the GST credit, a refundable income tax credit, was introduced along with the tax.

It is a full fledged European Style credit-voucher Value Added Tax.

Definition [ http://www.encyclopedia.com/articles/13330.html ]:

value-added tax
levy imposed on businesses at all levels of production of a good or service, and based on the increase in price, or value, added to the good or service by each level. Because all stages of a value-added tax are ultimately passed on to the consumer in the form of higher prices, it has been described as a hidden sales tax. Originally introduced in France (1954), it is now used by most W European countries.

 

OTOH, The National Retail Sales Tax (NRST) of HR25, is only collected from the consumer on final sale for use or consumption (i.e. retail level only) and replaces all federal business income and payroll taxes.

Business do no pay the NRST on purchases of materials or services for business use or resale.

245 posted on 12/18/2004 7:21:40 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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To: jimthewiz
You Wrote:

The options now are the FT or our current income tax.

ANSWER:

Is that so? No more imposts, duties and excise taxes. No more direct taxes?

Oh BTW where in the constitution do you see the phrase "income tax"? And while your at it, what is the constitutional definition of income? Hint, see: EISNER v. MACOMBER , 252 U.S. 189 (1920)

And, how can a tax be calculated from income in a constitutional fashion? Give us an example. Hint, see: FLINT v. STONE TRACY CO., 220 U.S. 107 (1911)

246 posted on 12/18/2004 7:26:36 PM PST by JOHN W K
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To: JOHN W K; jimthewiz


247 posted on 12/18/2004 7:33:09 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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To: JOHN W K; jimthewiz

not the so called fair tax which is not recognized by our constitution or any powers granted therein.

The National Retail Sales Tax is an inland impostion on retail sale of goods and services collected from the purchaser of such products and remitted by the seller to state government tax authorities that the states may administer the tax and pass on federal portion of their collections to the United States Treasury.

 

Constitution for the United States of America:

 

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

DUTIES.
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things;

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

EXCISES.
This word is used to signify an inland imposition, paid sometimes upon the consumption of the commodity, and frequently upon the retail sale.

And in accord with the first tax of the United States Supreme Court under the Constitution, the majority of Judges of which had also been delegates to the Constitutional Convention:

Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • "[T]he DIRECT TAXES contemplated by the Constitution, are only two, to wit, A CAPITATION OR POLL TAX, simply, without regard to property, profession, or any other circumstance; and a tax on LAND."

  • 248 posted on 12/18/2004 7:33:16 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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    To: JOHN W K
    a close examination by Congress of each particular article in question is necessary. Surely there is a clear enough distinction between such foods as caviar and chicken eggs, between wine and milk, between silk and cotton underwear, to truthfully say one is used as a luxury and the other a necessity.

    Just as I thought. You have said that Congress should decide what is a luxury and what is a necessity.
    One person's perception of luxury is another persons perception of necessity. Surely there is not a clear distinction between filet mignon and round steak to decide what is a necessity or a luxury. Is the determination on the cost or necessity to sustain life? Or maybe where it is prepared. A hamburger at home is ok but is taxable at a restaurant? How about take-out because you can't cook?
    How about alcoholic beverages if prescribed by a physician? Ridicule this if you wish and then check the facts. That happened all during prohibition. It was a running joke that the flask was for "medicinal purposes".

    Eighteenth Amendment - Prohibition of Intoxicating Liquors

    Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

    For Congress to be fair and to not unduly reward the more affluent, the decision must be based on the diet of the least least affluent or possibly those at the poverty level.
    Would you have a method by which someone could appeal the menu determined by Congress?

    Does any car to get you to work qualify or only certain models? What options are taxable and which are taxfree.
    How do we decide on housing?Square feet per person?
    Is a telephone or television taxable?

    Oh, I know Congress will decide those things and if they want more money to spend they will just remove some of the exemptions from the list.

    Well, since we each only get one vote, mine will cancel yours and I will rely on my fellow Americans to soundly reject your proposal if it should ever make it to a vote.

    249 posted on 12/18/2004 7:48:47 PM PST by jimthewiz (An armed society is a polite society)
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    To: JOHN W K; jimthewiz

    Oh BTW where in the constitution do you see the phrase "income tax"? And while your at it, what is the constitutional definition of income? Hint, see: EISNER v. MACOMBER , 252 U.S. 189 (1920)

    You mean this one?

    Eisner v. Macomber(1920), 252 U.S. 189,207
    http://caselaw.findlaw.com/scripts/getcase.pl?court=US&vol=252&invol=189#207

    A LAW DICTIONARY
    by John Bouvier, Revised Sixth Edition, 1856:

    INCOME.
    The gain which proceeds from property, labor, or business; it is applied particularly to individuals;

    A LAW DICTIONARY
    by John Bouvier, Revised Sixth Edition, 1856:

    GAIN.
    The word is used as synonymous with profits.

    A LAW DICTIONARY
    by John Bouvier, Revised Sixth Edition, 1856:

    PROFITS.
    In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill

    As also applied in:

    Stratton's Independence, LTD. v. Howbert(1913), 231 U.S. 399:

    Easily:

    And, how can a tax be calculated from income in a constitutional fashion? Give us an example.

    Lucas v. Earl(1930), 281 U.S. 111:

     

    U.S. v. CONSTANTINE, 296 U.S. 287 (1935)

    For they were all a result of this:

    Springer v. United States(1880), 102 U.S. 586

  • "The central and controlling question in this case is whether the tax which was levied on the income, gains, and profits of the plaintiff in error, as set forth in the record, and by pretended virtue of the acts of Congress and parts of acts therein mentioned, is a direct tax."
  • "Our conclusions are, that direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate; and that the tax of which the plaintiff in error complains is within the category of an excise or duty."
  • "[W]henever the government has imposed a tax which it recognized as a direct tax, it has never been applied to any objects but real estate and slaves."
  • this:

    POLLOCK v. FARMERS' LOAN & TRUST CO., 158 U.S. 601 (1895):

     

    And this:

     

    Flint v. Stone Tracy Co.(1911), 220 U.S. 107

     

    For the actual definition used by intent of Congress has been clearly stated:

     

    House Congressional Record, March 27, 1943, pg. 2580:

    Activities like:

    Charles C. Stewart Machine Co. v. Davis (1937), 301 U.S. 548:


    250 posted on 12/18/2004 7:52:39 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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    To: jimthewiz

    Your argument is that you do not support the founding father's original tax plan. So, now we know.


    251 posted on 12/18/2004 8:08:14 PM PST by JOHN W K
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    To: JOHN W K
    the real problem as I see it is a Congress in rebellion to the legislative intent of our Constitution

    And this is the Congress that you want to enumerate the non-taxable items. You have a lot of faith in this rebelious lot

    252 posted on 12/18/2004 8:09:25 PM PST by jimthewiz (An armed society is a polite society)
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    To: JOHN W K
    So, you support rationed tax free articles and making every American family dependant on a monthly welfare check?

    If I paid the tax on all my purchases, I see it as a refund of my money, whereas you see it as the Government's money.

    We can never agree as long as you consider my money as belonging to the Government.

    253 posted on 12/18/2004 8:24:16 PM PST by jimthewiz (An armed society is a polite society)
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    To: JOHN W K
    Yes, now we do know. You have failed to provide any response to valid points and use your circular logic to always come back to your only point.

    I always disengage from discussions when there is no real effort to exchange ideas , but only to attempt to further an agenda.

    Goodnight all!

    254 posted on 12/18/2004 8:30:07 PM PST by jimthewiz (An armed society is a polite society)
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    To: jimthewiz
    You wrote:

    And this is the Congress that you want to enumerate the non-taxable items. You have a lot of faith in this rebelious lot

    ANSWER

    Only if they are confined to the legislative intent of all the provisions of our constitution, which they are not!

    255 posted on 12/18/2004 8:31:28 PM PST by JOHN W K
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    To: JOHN W K; jimthewiz

    Your argument is that you do not support the founding father's original tax plan.

    You mean this plan?

    Federalist #12:

     

    A LAW DICTIONARY
    by John Bouvier, Revised Sixth Edition, 1856:

    "COMMERCE, trade, contracts
    .
    The exchange of commodities for commodities; considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit. Pard. Dr. Coin. n. 1. In a narrower sense, commerce signifies any reciprocal agreements between two persons, by which one delivers to the other a thing, which the latter accepts, and for which he pays a consideration; if the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter. Domat, Dr. Pub. liv. 1, tit. 7, s. 1, n. "

    A LAW DICTIONARY
    by John Bouvier, Revised Sixth Edition, 1856:

    EXCISES.
    This word is used to signify an inland imposition, paid sometimes upon the consumption of the commodity, and frequently upon the retail sale.

    Federalist #21:

    Federalist #31:

    "A government ought to contain in itself every power requisite to the full accomplishment of the objects committed to its care, and to the complete execution of the trusts for which it is responsible, free from every other control but a regard to the public good and to the sense of the people."

    "As revenue is the essential engine by which the means of answering the national exigencies must be procured, the power of procuring that article in its full extent must necessarily be comprehended in that of providing for those exigencies."

    "As theory and practice conspire to prove that the power of procuring revenue is unavailing when exercised over the States in their collective capacities, the federal government must of necessity be invested with an unqualified power of taxation in the ordinary modes. "

    Federalist #34:

    James Wilson, Pennsylvania Ratifying Convention
    4 Dec. 1787 Elliot 2:466--68

    The Records of the Federal Convention of 1787
    (Farrand's Records)
    James Mchenry before the Maryland House of Delegates.
    Maryland Novr. 29th 1787--
    Appendix A, CXLVIa, page 149, S9.

    "Convention have also provided against any direct or Capitation Tax but according to an equal proportion among the respective States: This was thought a necessary precaution though it was the idea of every one that government would seldom have recourse to direct Taxation, and that the objects of Commerce would be more than Sufficient to answer the common exigencies of State and should further supplies be necessary, the power of Congress would not be exercised while the respective States would raise those supplies in any other manner more suitable to their own inclinations --"


    256 posted on 12/18/2004 8:32:02 PM PST by ancient_geezer (Don't reform it, Replace it!!)
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    To: jimthewiz
    You posted: So, you support rationed tax free articles and making every American family dependant on a monthly welfare check? If I paid the tax on all my purchases, I see it as a refund of my money, whereas you see it as the Government's money. We can never agree as long as you consider my money as belonging to the Government. ANSWER My, my, you are rather presumptuous aren't you, or, have you been relying upon 1-800-call Cleo for your answers?
    257 posted on 12/18/2004 8:41:21 PM PST by JOHN W K
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    To: ancient_geezer

    And what is your interpretation of what you posted?


    258 posted on 12/18/2004 8:45:36 PM PST by JOHN W K
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    To: jimthewiz
    You wrote:

    Yes, now we do know. You have failed to provide any response to valid points and use your circular logic to always come back to your only point. I always disengage from discussions when there is no real effort to exchange ideas , but only to attempt to further an agenda.

    ANSWER

    Valid points? No. I haven’t failed to provide any response. What I have done is refused to engage in a silly argument which you seem to be provoking.

    I stated my position very clearly in my post 195

    . You apparently disagree with the founding father’s original tax plan which I explained in post 195.. Good for you! It is your right to disagree with the founding father’s plan.

    Sleep tight!

    259 posted on 12/18/2004 8:57:22 PM PST by JOHN W K
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    To: Remember_Salamis
    I have the Jorgensen study on my hard drive. Would you like me to send it to you

    Post the link.

    260 posted on 12/18/2004 9:05:53 PM PST by lewislynn (The meaning of life can be described in one word...Grandchildren)
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