Pig in a Poke

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You
never know what you're buying. It may look, smell, and drive like
an automobile, but there's more. In addition to the car, you're
buying something else, but you don't know what. You cannot drive
off in that new vehicle without paying the sales tax, and that means
that some of what you pay is going into the hands of nameless strangers,
to be spent as they see fit on projects you can't even imagine,
and certainly wouldn't support if you could. Possibly this annoys
you.

It's
a quaint idea, but perhaps the buyer should know what he's buying,
and not be forced to buy more than he wants, or worse, something
he doesn't want at all. In that case, of course, an automobile purchase
is a poor example, because the buyer is forced to buy a number of
things which he may not want: airbags, seatbelts, door-guard beams,
etc.

Well,
how about a work of art? A certain painting catches your eye, or
a statue. Not only is it beautiful (assuming it's not modern art),
but it may be a good investment, as well. So you decide to buy it.
Art can be very expensive, however. If your purchase is for $100,000,
for example, you will, in New York state, have to pay $108,250 for
your $100,000 object. The additional $8,250 is for New York to spend
on whatever it wishes. What could be more reasonable than that you
pay New York $8,250 because you want to own a $100,000 painting?
After all, had you bought a painting for a paltry $1,000, New York
would only have demanded $82.50, and in the case of the more valuable
work, it's obvious that the state deserves one hundred times as
much. Isn't it?

Some
incredibly obtuse individuals would say "No!" They seek
to avoid the sales tax. That would seem to be easy: just buy in
another state. If I, as a Missourian, bought a painting for $100,000
in Illinois, could the state of Illinois demand a tax from me? What
jurisdiction does Illinois have over Missourians? Could Missouri
demand the sales tax? But I didn't buy the painting in Missouri.

Avoidance
of sales taxes on big-ticket purchases, such as art, is virtually
a tradition. And New York, for one, doesn't like it. Sales taxes
are its second largest source of revenue. The DA in Manhattan, liberal
octogenarian Robert Morgenthau, is thoroughly annoyed with the likes
of Dennis Kozlowski, head of Tyco International, for allegedly evading
about a million bux in sales taxes, by having purchases in New York
shipped to the firm's New Hampshire office. Once there, it is charged,
the purchases were then returned to New York. In a few cases, the
trip to New Hampshire was simply skipped altogether, it is charged,
except for the paperwork, which showed the art as being shipped
out of state.

Morgenthau
is going to take Kozlowski, and others, it is rumored, to court.
Other states have inaugurated amnesty programs, according to which
they would not prosecute "offenders" who paid up the sales
taxes they had evaded – with interest. Of course, the legal
defenses in these cases will scrupulously avoid coming to grips
with the real issue: why should the state be entitled to anything
because A sells something to B? The idea seems to be that government
cannot exist without taxation, and taxation means taking citizens'
money, on virtually any premise whatever. But how about this
premise: why should government exist at all?

Evaders
of the sales tax are referred to as "tax cheats." How
extraordinarily prejudicial! To attempt to keep, using the letter,
if not spirit, of the law, what is one's own, is "cheating."
On the other hand, the seizure by the government of another's money,
on the most ridiculous and flimsiest of excuses, is quite legitimate
and ordinary.

That,
in fact, may be the problem: it is ordinary. We are so accustomed
to the predations of our rulers that we accept it as the ordinary
course of events, which, sadly, it has become.

Perhaps
some dealer with a valuable painting will give it away. He could
provide the recipient with a statement indicating that it was a
gift. The grateful beneficiary of this largesse could indicate his
gratitude by offering the dealer some token of appreciation –
an envelope, perhaps, containing a thousand paper chits each marked
"100." No sale; no sales tax.

Never
mind: Mr. Morgenthau, if this occurred in his bailiwick, would naturally
assume that this maneuver, designed to avoid a sales tax, was itself
unlawful, and descend upon the individuals involved like an avenging
angel – or, more realistically, Al Capone seeking vengeance
upon those who failed to pay their protection money.

The
letter of the law, the spirit of the law, indeed, law itself, is
irrelevant. Laws apply to us, not the rulers. When they want their
tribute, they want it, and neither law nor reason is going to stand
in their way. As Bastiat wrote "When plunder becomes a way
of life for a group of men living together in society, they create
for themselves in the course of time a legal system that authorizes
it, and a moral code that glorifies it." Morgenthau proves
the point.

June
26, 2002

Dr.
Hein [send
him mail
] is a semi-retired ophthalmologist in St. Louis,
and the author of All
Work & No Pay
, which will soon be available at Amazon.com.

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