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Anonymous Newspaper Commenters Subpoenaed In Tax Case
skuzzlebutt writes "In a federal tax case reported in the Las Vegas Review Journal last week, a local businessman has been paying his employees in gold coins instead of cash or ACH, and has reportedly told them that they can only be taxed on the face value of the coinage — not the much higher market value of the metal. The United States disagreed, and brought him up on 57 counts of income tax evasion, tax fraud and criminal conspiracy. The non-authenticated comments section of the original article brought a lot of supporters out of the woodwork, including a few who thought the jury should be hung (literally, procedurally, or figuratively ... pick one). In response, the prosecution has subpoenaed the names of the anonymous commenters, citing fears of jury safety. Or something. The obvious questions of privacy and protected speech aside, for the folks that support the defendant (the newspaper is fighting the subpoena), this also brings back into the spotlight the troll-empowering nature of pseudo-anonymous, non-authenticated boards. If they want to find you, they will; is anonymous commenting still worth it, or is it just too risky for the board owners?"
..what a terrible summary
Anonymous commenting is no longer worth the effort.
AC OUT!
I don't trust the government to protect my rights, but in this case they may have a point. Threatening people with bodily harm is illegal, and freedom of speech is not a valid defense. If you choose to break the law, then you're giving the cops permission to hunt you down and prosecute you, "anonymous" or not. (Even if the law is a bad one and the cops are thugs controlled by a petty dictator.) (Iran, et al.) Which doesn't mean that I think anonymity is bad; I just think that you should learn a little bit about the law and about search warrants and about technology before you start your life of crime. (True anonymity is necessary to defend freedom, even if it means a thousand Cletuses and Bubbas can use it, too.)
I believe that in the (implied, non-existant) Internet charter of rights anonymity is a basic human right. I believe in opt-in, not opt-out. A webmaster has a sacred trust that he will guard his users' IP addresses and only leverage them for internal use, if at all. Besides, that IP address could have been used by the subscriber, a child, a wardriver, a cheapskate nextdoor neighbour, or an entirely different household if the ISP made a mistake in their logs.
On my blog I allow anonymous comments and I wrote "(optional)" next to the email and WWW fields on the comment submit form. I get TONS more spam because of this, but that's a service I feel is essential to my readers and integral to the fabric of the web.
If the government fears how people react to facts then maybe they should outlaw news media.
Does anyone know why forum administrators even bother keeping around enough information to reveal the identity of an anonymous poster?
I mean, I can see keeping around the web server logs for a day or two, to help debug problems. And if you do analytics, keeping the logs around long enough for the analytics software to compute aggregate data.
But why keep any data longer than that; especially data that's detailed enough to tie an IP# to a posted message?
So on the one hand we take Gold Coins and use the Ore Value, while on the other we take Quarters and use the Face Value.
So lets say I take my pay check and head off to the bank and when cashing it, get a roll of pennies. Further suppose that one these pennies has some rare quality making it worth $100 to a collector... is that an extra $100 of Income?
"His name was James Damore."
This means that if my employer pays me in nickels then I also must pay more in income tax to the feds as a nickel is worth more then five cents in pure metal value these days.
No, you can go to the bank and get nickles for 5 cents each. You can not go to the bank and get $20 gold pieces for $20 each.
If you were melting down the nickels and selling the bulk metal you would be in violation of more than tax laws.
Both the IRS and Kahre are in the wrong here.
The Government is required by LAW to recognize American currency at face value. They have no choice in the matter. The government's isregarding face value of "legal tender for all debts, public and private" is illegal. The government issued that currency (or authorised its issuance) for the face value and require it to be accepted as such so they have no legal choice but to accept it for the value they declared it to be.
However, if he wants to play the "face value" defense, which is legitimate (he should win that case) what he should be charged with is violating the federal minimum wage laws, not tax evasion.
What he and his employees engage in is tax avoidance, which is perfectly legal. Tax avoidance is simply following the letter of the law and avoiding the incurring tax liability. Practically every politician engages in avoidance. Things such as claiming one's standard exemption, creating a shell company and having it lease one's vehicle for business purposes, and so forth. If I ever make the kind of money where it makes sense to do so, you bet your ass I would hire a tax lawyer and take advantage of the law to the my benefit. The tax code is needlessly complex for three things: to keep lawyers busy and make them rich, for social engineering (keep citizens in line by making them accept government control), and to benefit politicians who create hard-to-understand loopholes for their own use.
The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
Sending someone a snail mail death threat implies you know who they are and where they live. Going to the trouble of a physical cut and paste from magazines implies you are willing to expend time and effort on your threat.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
So, they can avoid income tax on 99% of their income by being paid in $1000 worth of coins with a total face value of $10. That makes sense.
Surely then, should they choose to sell these they'll pay income tax on any profit they make. If they use them as legal tender, they'll only be able to use the face value. I suppose they might be able to haggle the price of a large purchase down a little but for everyday spending it seems the savings are small.
* Don't touch the envelope or paper without wearing several layers of surgical gloves.
* Don't use a printer that leaves any identifying marks. Most modern color printers are traceable and most older typewriters are as well.
* Don't lick the stamp or envelope!
* Don't drop it in any drop-box that has a security camera anywhere nearby.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
What this guy did was essentially barter gold bullion that happened to be in coin form for labor.
Even if the US government is required to trade a $20 bill for your $20 gold piece, that does not establish the value of the gold piece for tax purposes.
Even a $20 bill can be worth more than $20 if it's a collector's item, such as one that's in an uncut block, one that's old and still in original condition, one that's very old, or one that's been autographed by hand by the Treasurer of the United States or Secretary of the Treasury whose signature appears on the bill.
If I pay my employees in collector-value currency, you bet the IRS will consider it a barter-for-labor arrangement and tax accordingly.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
"The Congress shall have power ... To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;"
--Article 1, Section 8 of the United States Constitution
No, he's clearly paying his employees based on the market value of the coins, not the face value.
Imagine I paid my employees with one dollar bills signed by Jesus, Buddha, and Abe Lincoln. Clearly these would fetch a high price on the autograph market, significantly above $1 (yeah, I know, you're not supposed to mutilate currency). I think the IRS would be perfectly justified in treating these as having a worth above their face value, since any reasonable person would recognize that they are not just an ordinary dollar bill.
He's being prosecuted not for paying his employees in gold, which is perfectly fine (if dumb), but for lying about its value, which is against the law.
.sig withheld by request
Quarters, unlike gold coins, are legal tender.
Blatantly, outright, not even close, missed by a mile, false. 10 seconds on wikipedia:
http://en.wikipedia.org/wiki/American_Gold_Eagle
Refers you to the US mint government webpage:
http://www.usmint.gov/downloads/mint_programs/am_eagles/AmerEagleGold.pdf
Here's a direct quote from the first page of this US MINT government issued document:
"They're also legal tender"
"Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
Since I previously worked in a company that's primary business was in running (and selling advertising on) web-forums, I suppose I'd be as qualified as anyone to answer this:
a) The default behaviour of the software is to record IP addresses. It's not like most companies are building their own, they're using something like vBulletin, IPB, or possibly PHPBB. I'm not even sure if this is a feature that could be disabled without a plugin/hack
b) Basic security is tied to IP. Just as does slashdot, so do other forums get their share of trolls. You actually don't see it a lot here, but penis-enlargement, pr0n, scams and spam are also fairly common. The IP address is your only semi-reliable link to a real person, in which case you can block certain IP's or netblocks that become an issue, track down users with multiple accounts. I do say semi-reliably as IPs can be routed through proxies etc, but many boards actually have RBL's for known proxies
c) Advertising, which for many boards is the chief (or only) source of revenue, often ties to IP address. Most programs collect statistics by IP, and also other fun stuff like geo-targetting, rotation (so you don't see the same ad a gazillion times in a row), etc
d) User related to locality can be fairly well-determined by IP. If you've got issues where all your users in the Eastern US connect slowly/poorly, or possibly where you have many users in Western Europe but they have a shit connection, then it may lead you to consider adding services (local server, cache, or whatever) in those areas.
e) The last thing I can think of off the top of my head is statistics, which are also very important to many web-boards to see where they're growing and where they need improvement.
And yes, these work fairly well for 95% of the John-Doe users. Most people, even those who consider themselves clever, don't make much use of proxies or other such things to post secretly on boards, which allows the wheat to be filtered from the chaff fairly well based on IP. Until a better method comes along, it's probably the best way.
p.s. Don't use my own board as an example of something spam-proof. It's using different software than I used at work, gets very little time dedicated to it, and the spam-collection is actually something of interest while I try to come up with fun methods of dealing with the spammers.