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UNITED
STATES OF AMERICA
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According to a report that appeared
in the NEW YORK TIMES on March 30, 2005, the United States Internal
Revenue Service said on March 29, 2005 that the gap between what all
taxpayers owed in taxes in 2001 and what they actually paid was in
the range of US$312 billion to US$353 billion. The TIMES said the the
government's report did not explain the reason why it cited a broad
range of figures rather than giving one definite amount. The TIMES
also said that this was the IRS' "first large study on the issue
[of tax avoidance] since 1988."
The study said, according to the
TIMES, that the government was able to recover some of the
outstanding liabilities by using enforcement and other measures. The
amount so recaptured, according to the report, came to US$55 billion,
leaving a final outstanding tally of still-uncollected taxes of
US$257 billion to US$298 billion. The IRS said that this final
outstanding amount was greater than the amount that the government
had spent on the entire Medicare program in 2001, but much less than
the US$430 billion that was spent by the government that year on the
Social Security program; that amount was US$430 billion.
According to the NEW YORK TIMES in
this report, "Figures fior other years are not directly
comparable, given changes in tax regulations and inflation, but
government figures put the estimated gross tax gap at $95 billion for
1992 and $80 billion for 1988."
The IRS report said that 80% of
taxes owed but not paid by individuals were a result of
underreporting of income, often by people working in the service
sector. The remaining 20% was said to be due to the deliberate
actions of some people in not filing any tax returns at all, or to
the refusal of some people to actually pay any of the taxes due on
the returns that they do file. (SOURCE: Report, I.R.S.
Estimates '01 Unpaid Tax Could Be as High as $353 Billion,
by Lynnley Browning in NEW YORK TIMES Wednesday, March 30, 2005,
Busines Section, pg. C4 N).
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On October 22,
2004 President George W. Bush signed into law the American Jobs Creation
Act of 2004. Title VIII of this Act, the "Revenue Provisions" Title,
contains several provisions relating to use of "tax shelters" by
individuals and corporations, such as "expatriating" corporate income to
a foreign corporation, or the non-reporting of certain income which
would otherwise be subject to taxation. This Act also creates a new
penalty for any person who fails to include with any return or statement
any required information with respect to a reportable transaction. It
also says that this new penalty shall apply regardless of whether or not
the ransaction in question results in an understatement of tax due, and
that it also applies to any penalty which may be imposed for reasons
related to the accuracy of submitted returns. This penalty rate
shall be US$ 10,000.00 for a natural person, or US$ 50,000.00 in any
other case. This penalty is increased to US$ 100,000.00 for
individuals and to US$ 200,000.00 for other cases, if the failure to
include required information pertains to a "listed transaction",
which is defined as a transaction which is the same as, or which is
substantially similar to, one which has been specifically
identified by the Secretary of the Treasury as a tax-avoidance
transaction. (SOURCE: See Library of Congress "Thomas"
website here:).
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On Saturday, August 17, 2002 the
NEW YORK TIMES reported that the United States Treasury Department
had issued a ruling on August 16 of this year which banned a tax-avoidance
technique involving life insurance policies which has been used by
"thousands of the wealthiest Americans ...to escape paying
billions of dollars in gift and estate taxes." The article
explained that the technique involved the purchase of expensive
policies which would pass on the large proceeds to the person's
heirs, but also involved the declaration of a far lower price for the
policy on gift-tax returns. The Treasury Derpartment said on the 16th
that this procedure was invalid, and never had been legal. It is now
expected that people who have used these policies to avoid high
taxation will be drawn into "years of litigation with the
government and with their advisers. (SOURCE: Article, Treasury
to Ban Technique Used to Reduce Tax Bill in Business
Digest column, Business Day section, in NEW YORK TIMES, Saturday,
August 17, 2002, pg. C1 L+).
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