Stop-and-identify laws generally require a person to identify themselves verbally, however, if not engaged in an act requiring any sort of permit (eg driving), no physical ID card is required. Willfully providing a false identity can be considered criminal in some places as well. IANAL, etc etc etc
Just because CV is upping the bandwidth does not promise a faster connection. My current connection through them has latency anywhere from 30ms to 1sec depending on many factors.
What would you say if a government agency unilaterally required that all members of the automotive infrastructure post their name, address and telephone number in big bold letters on all their vehicles?
The case was sent to the supreme court. They refused to hear it. That was the proper thing to do. I was referring to congress although it was a sucky post. I tried to clear it up below.
OK I responded too quickly and made myself sound like an idiot (which granted I may be). What I meant to say was that yes, it does often suck being "American" as we have to put up with a federal government that often abuses it's power and steps on states' rights. For example FEDERAL laws dealing with sex crimes can make acts that individual states have allowed as legal within their jurisdiction ILLEGAL if one crosses state borders to perform solely under the "interstate commerce" clause... Or more recently congress grandstanding and taking a private family dispute and legislatively forcing that issue to FEDERAL courts even though the issue is a local one (and yes the federal courts did the correct [legal] thing by upholding the state's decision).
On the flip side, the federal government sometimes seems reluctant to rein in rogue states that infringe on other states sovereignty. I don't feel like looking for it (although I'm sure googel can help you out) but I know of instances where California has sent STATE POLICE into Nevada to arrest people who had moved there legally and tried to make them pay CA taxes. You also have the ongoing internet/mail order sales tax debates that congress seems reluctant to take up.
So am I an idiot who doesn't know what federalism is? Maybe. Do I care? No.
I didn't say it necessarily sucks everywhere... just that every country has their own set of issues and given my laziness (after all I'm a lazy arrogant USian), I might as well stay here and try to grin and bear it as there's no net benefit to being elsewhere.
Besides. What you suggested is too much work. I'd have to get a gun permit to get a pistol (which is a Herculean task, living in Kings County, NY), expending money and energy in the process. I might as well live and bitch endlessly to strangers on a self-important bulletin bored. Much more productive.
I love that IRS Publication (I think it's Pub 525) that says something to the effect of "all embezzled or stolen funds must be reported on line x (schedule C line y if it's stolen/embezzled from personal business)".
Except when they get favorable treatment for locating in said city/county/states.
The particular Delaware corporation that I'm employed by got a major tax break from NYC/NYS for locating it's operational HQ in NYC. Something like an exemption from most taxes for 10 years.
Just amazed at how much crap people let their government officals get away with.
NYS is particularly bad because the legislature is so corrupt. I don't have the exact source but I remember reading that in some survey, NYS' legislature ranked dead-last in legislative productivity (you know.. actually voting on bills and approving budgets and such).
who said anything about jurisdiction? I'm talking about precedence.
Precedence generally involves jurisdiction. Federally, there are certain cases that have come before various circuit courts that are not held as precedent in other circuits.
If you dont agree with something, dont try and voice your option. Just go somewhere else.
I didn't say that. Read it again. I said that because there is no way to voice my opinion by leaving that it's not something I could consider. However, if there was an effective way of rounding up a large group of citizens, appearing before congress or some other forum and saying "I have a problem with the way things are run and if you don't change we will renounce our citizenship and take our tax monies elsewhere in protest" then I would. I don't however think this would happen.
All this will do is convince companies to move their headquarters outside of NY.
What's interesting is that technically, a LOT of NY companies that maintain "headquarters" in NY are legally headquartered in DE or NV or Bermuda or anywhere else that corporate laws are more favorable. Which makes this case all more interesting. If you extend the courts logic to, let's say a Delaware corporation with operational headquarters in NY, that company's employees should theoretically be paying tax to Delaware, not NY as legally the income came from a Delaware source.
Hopefully the federal courts will take this up as it's their jurisdiction. Although I'm not all that optimistic.
-Mike
NY has one of the highest state tax brackets (in fact, I think it might be the highest)
Not to be nitpicky but Montana's is higher... see here. However, if you are an NYC resident and add that to the NYS rate, yeah it's higher than the rest of the US.
The state in which he is a resident will allow him to deduct the amount of taxes paid to other states.
That would be tax reciprocity... I know some states only have agreements with bordering states and I'm not sure how those agreements work with differing rates in all. The issue here would be that TN has no income tax on regular employment income so what would you be deducting that tax from?
-Mike
In general it is largely unenforceable.
Especially if you find a country that either has no limited or no reciprocity with that country in terms of extraditing criminals.
-Mike
If you don't like living in the United STATES then LEAVE. Perhaps its you who do not understand what issues are STATE issues and what issues are FEDERAL.
Perhaps I don't and perhaps I will. Unfortunately 1) there's no way to do it in protest that gets noticed which is the only good reason to do so and 2)there's not that many better places to go in my current situation.
I think I have a good handle on what's out of the states' jurisdictions though and if it involves a dispute between the authority of two states over an issue, it's a federal issue.
A strict interpretation of the constitution also shows that 50% or more of what congress does is actually illegal as they have no authority to do. But since our legal system relies so much on case law above else, it's hard if not impossible to challenge it.
-Mike
One of the other bozo things that the Eastern US (generally although other areas are starting to adopt) is city income tax. NYC adds on another 2.907 to 4.45% to NYS making the maximum tax for a city resident 12.15% in addition to federal tax.
-Mike
man it must suck to be an american!
Yes. Yes it does. Dealing with the idiotic conflicts between states and federalism is the absolute worst thing. The feds refuse to step in issues where they should and refuse (over-zealous state taxing authorities) and refuse to yield their power to the states where they should (recently the whole Schiavo thing, but other things too).
-Mike
Theoretically... although this since this case was IMHO improperly decided by the court of the complaining state, the rule is "if we want your money, we can take it." The dissenting judge's statement summed it up perfectly, btw.
-Mike
Although in this particular case there is no double taxation (TN has no personal income tax outside dividends and interest), yes this is a federal issue. NYS is definitely one of the more aggressive money grabbers when it comes to taxes (they were the first state I've ever seen that had Non-resident tax forms...although I've only lived in 4 states and paid tax in 3). Then again if you read half the NYS tax laws, it almost appears that any income from any stock or security that you ever traded anywhere would be taxable if it was done so in an NYS forum.
-Mike
By the same logic, it's for my (and all my coworkers') convenience that the Delaware based media company I work for's main office is in NYC and therefore I should ask NYS for a refund for the past 4 years.
This is a dangerous precedent.
-Mike
Slashdot Mirror
Stop-and-identify laws generally require a person to identify themselves verbally, however, if not engaged in an act requiring any sort of permit (eg driving), no physical ID card is required. Willfully providing a false identity can be considered criminal in some places as well. IANAL, etc etc etc
Just because CV is upping the bandwidth does not promise a faster connection. My current connection through them has latency anywhere from 30ms to 1sec depending on many factors.
NYC requires commercial vehicles to do just that actually sans phone number anyway.
-Mike
The case was sent to the supreme court. They refused to hear it. That was the proper thing to do. I was referring to congress although it was a sucky post. I tried to clear it up below.
-Mike
OK I responded too quickly and made myself sound like an idiot (which granted I may be). What I meant to say was that yes, it does often suck being "American" as we have to put up with a federal government that often abuses it's power and steps on states' rights. For example FEDERAL laws dealing with sex crimes can make acts that individual states have allowed as legal within their jurisdiction ILLEGAL if one crosses state borders to perform solely under the "interstate commerce" clause... Or more recently congress grandstanding and taking a private family dispute and legislatively forcing that issue to FEDERAL courts even though the issue is a local one (and yes the federal courts did the correct [legal] thing by upholding the state's decision).
On the flip side, the federal government sometimes seems reluctant to rein in rogue states that infringe on other states sovereignty. I don't feel like looking for it (although I'm sure googel can help you out) but I know of instances where California has sent STATE POLICE into Nevada to arrest people who had moved there legally and tried to make them pay CA taxes. You also have the ongoing internet/mail order sales tax debates that congress seems reluctant to take up.
So am I an idiot who doesn't know what federalism is? Maybe. Do I care? No.
-Mike
If I were that depressed I couldn't make it to East New York.... Not EVERY street in Brooklyn has a shady gun dealer. Especially in the 76th Precinct.
-Mike
I didn't say it necessarily sucks everywhere... just that every country has their own set of issues and given my laziness (after all I'm a lazy arrogant USian), I might as well stay here and try to grin and bear it as there's no net benefit to being elsewhere.
Besides. What you suggested is too much work. I'd have to get a gun permit to get a pistol (which is a Herculean task, living in Kings County, NY), expending money and energy in the process. I might as well live and bitch endlessly to strangers on a self-important bulletin bored. Much more productive.
-Mike
I love that IRS Publication (I think it's Pub 525) that says something to the effect of "all embezzled or stolen funds must be reported on line x (schedule C line y if it's stolen/embezzled from personal business)".
-Mike
Except when they get favorable treatment for locating in said city/county/states.
The particular Delaware corporation that I'm employed by got a major tax break from NYC/NYS for locating it's operational HQ in NYC. Something like an exemption from most taxes for 10 years.
-Mike
Just amazed at how much crap people let their government officals get away with.
NYS is particularly bad because the legislature is so corrupt. I don't have the exact source but I remember reading that in some survey, NYS' legislature ranked dead-last in legislative productivity (you know.. actually voting on bills and approving budgets and such).
Albany is such a circus.
-Mike
who said anything about jurisdiction? I'm talking about precedence.
Precedence generally involves jurisdiction. Federally, there are certain cases that have come before various circuit courts that are not held as precedent in other circuits.
State courts are another story altogether.
-Mike
If you dont agree with something, dont try and voice your option. Just go somewhere else. I didn't say that. Read it again. I said that because there is no way to voice my opinion by leaving that it's not something I could consider. However, if there was an effective way of rounding up a large group of citizens, appearing before congress or some other forum and saying "I have a problem with the way things are run and if you don't change we will renounce our citizenship and take our tax monies elsewhere in protest" then I would. I don't however think this would happen.
Why am I replying to a flame? That bored I guess.
-Mike
All this will do is convince companies to move their headquarters outside of NY.
What's interesting is that technically, a LOT of NY companies that maintain "headquarters" in NY are legally headquartered in DE or NV or Bermuda or anywhere else that corporate laws are more favorable. Which makes this case all more interesting. If you extend the courts logic to, let's say a Delaware corporation with operational headquarters in NY, that company's employees should theoretically be paying tax to Delaware, not NY as legally the income came from a Delaware source.
Hopefully the federal courts will take this up as it's their jurisdiction. Although I'm not all that optimistic.
-Mike
NY has one of the highest state tax brackets (in fact, I think it might be the highest)
Not to be nitpicky but Montana's is higher... see here. However, if you are an NYC resident and add that to the NYS rate, yeah it's higher than the rest of the US.
-Mike
The state in which he is a resident will allow him to deduct the amount of taxes paid to other states.
That would be tax reciprocity... I know some states only have agreements with bordering states and I'm not sure how those agreements work with differing rates in all. The issue here would be that TN has no income tax on regular employment income so what would you be deducting that tax from?
-Mike
Just because the state does not directly tax income does not mean that there are no taxes from the state.
Correct but the case in discussion here regards income tax. I thought that was understood
-Mike
I am not saying that it sucks to live in the US. Well, it does, but it is worse in many other places.
Exactly. Just about all alternatives I can think of where I could maintain my standard of living have other governmental problems. -Mike
In general it is largely unenforceable.
Especially if you find a country that either has no limited or no reciprocity with that country in terms of extraditing criminals. -Mike
If you don't like living in the United STATES then LEAVE. Perhaps its you who do not understand what issues are STATE issues and what issues are FEDERAL.
Perhaps I don't and perhaps I will. Unfortunately 1) there's no way to do it in protest that gets noticed which is the only good reason to do so and 2)there's not that many better places to go in my current situation. I think I have a good handle on what's out of the states' jurisdictions though and if it involves a dispute between the authority of two states over an issue, it's a federal issue. A strict interpretation of the constitution also shows that 50% or more of what congress does is actually illegal as they have no authority to do. But since our legal system relies so much on case law above else, it's hard if not impossible to challenge it. -Mike
One of the other bozo things that the Eastern US (generally although other areas are starting to adopt) is city income tax. NYC adds on another 2.907 to 4.45% to NYS making the maximum tax for a city resident 12.15% in addition to federal tax. -Mike
man it must suck to be an american!
Yes. Yes it does. Dealing with the idiotic conflicts between states and federalism is the absolute worst thing. The feds refuse to step in issues where they should and refuse (over-zealous state taxing authorities) and refuse to yield their power to the states where they should (recently the whole Schiavo thing, but other things too). -Mike
Theoretically... although this since this case was IMHO improperly decided by the court of the complaining state, the rule is "if we want your money, we can take it." The dissenting judge's statement summed it up perfectly, btw. -Mike
Although in this particular case there is no double taxation (TN has no personal income tax outside dividends and interest), yes this is a federal issue. NYS is definitely one of the more aggressive money grabbers when it comes to taxes (they were the first state I've ever seen that had Non-resident tax forms...although I've only lived in 4 states and paid tax in 3). Then again if you read half the NYS tax laws, it almost appears that any income from any stock or security that you ever traded anywhere would be taxable if it was done so in an NYS forum. -Mike
TN taxes are 0 if I recall.... Oh wait here we go there are only taxes on Dividends and interest only. -Mike
By the same logic, it's for my (and all my coworkers') convenience that the Delaware based media company I work for's main office is in NYC and therefore I should ask NYS for a refund for the past 4 years. This is a dangerous precedent. -Mike