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About that whole IRS scandal...

#61 User is offline   barmar 

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Posted 2013-July-08, 09:15

View Postkenberg, on 2013-July-07, 20:13, said:

I suppose that this will all get sorted out sometime.

Eventually I expect most states will jump on the gay marriage bandwagon, just as they did for interracial marriage. Or maybe there will be a gay equivalent to Loving in the future, that recognizes that prohibiting gay marriage also violates the 14th Amendment.

#62 User is offline   ArtK78 

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Posted 2013-July-08, 09:34

View Postblackshoe, on 2013-July-07, 16:56, said:

I'm not sure exactly what the ruling said, but it seems to me if a law is ruled unConstitutional, then it should never have applied in the first place, and the right to submit corrected tax returns should go back to whichever of the law or the same sex marriage (or whatever) came last.


That is not necessarily the case. Often, the Supreme Court will state in its ruling whether the ruling has retroactive effect or not. It did not do so in this case. Still, the commentaries that I have read doubt that the effect of the ruling will be retroactive.

Interestingly, there is at least one commentary that states that the ruling will increase federal income tax collections, not decrease them. Often both members of a same-sex couple are wage earners. As their marriage was not recognized for federal tax purposes, the two individuals could not file their income tax returns as married - they both had to file as single. If their earnings were approximately the same, it is likely that their combined income tax liability as married fling jointly would be higher than as two separate returns filing as single individuals (the so-called marriage penalty).

[Note that a married couple that files separate returns - married filing separately - is not the same as if they were both single filing as two single individuals. Filing as married filing separately almost always results in a higher combined income tax liability than married filing jointly.]

If the ruling has retroactive effect, should the IRS go back and force these married couples to amend their returns to file as married (jointly or separately is up to them)?

Another interesting point is that the ruling will have a much more significant effect in the pension and benefits areas than in the tax areas. Spouses have a number of rights to the other spouse's pensions under federal law. If the effect of the ruling were retroactive, there would have been a significant number of incorrect payouts from pension plans over the time since the enactment of DOMA. And the benefits area is replete with rights afforded to spouses that are not available to unrelated individuals.
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#63 User is offline   blackshoe 

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Posted 2013-July-08, 12:16

The simplest way to sort it out is to recognize that marriage is a civil contract between individuals (possibly more than two individuals), and that in a country based on the principle of individual freedom, neither the government nor organized religion has any business sticking their oar into that contract.

I too expect it will get sorted out - but I'm not holding my breath 'til it happens.
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#64 User is offline   kenberg 

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Posted 2013-July-08, 17:26

View Postblackshoe, on 2013-July-08, 12:16, said:

The simplest way to sort it out is to recognize that marriage is a civil contract between individuals (possibly more than two individuals), and that in a country based on the principle of individual freedom, neither the government nor organized religion has any business sticking their oar into that contract.



Perhaps so. I grew up in a different era. The guy understood that if he wanted a say in how the kids were raised, he should marry the girl. The woman understood that if she wanted some sort of economically feasible life, she should get married before having children.

That's long, long gone. Ancient history. So make it a contractual arrangement. Maybe the kids can sue someone.
Ken
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#65 User is offline   blackshoe 

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Posted 2013-July-09, 07:00

"He should marry the girl." IOW, they should come to some agreement as to who is responsible for what, who gets what benefit, and so on. IOW, they should make a contractual arrangement.

It seems to me the phrase "marriage contract" has been used to describe the situation even when religion is not only involved, but pretty much de facto in charge.

All I'm saying is that the government has no business telling free citizens what kind of contracts they can write between themselves, or taxing or "licensing" such contracts. And organized religion has no business influencing the government to do that — which is what has happened in Western society over the past several hundred years.

If I were a member of some religion, and that religion's bosses told me "you can make this kind of marriage contract, but not that kind" I would either go along with that and remain a member of that religion, or I'd go find or found some other religion that will let me do what I want. Hm. That's pretty much what Henry the Eighth did, isn't it? B-)
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#66 User is offline   ArtK78 

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Posted 2013-July-09, 08:15

View Postblackshoe, on 2013-July-09, 07:00, said:

If I were a member of some religion, and that religion's bosses told me "you can make this kind of marriage contract, but not that kind" I would either go along with that and remain a member of that religion, or I'd go find or found some other religion that will let me do what I want. Hm. That's pretty much what Henry the Eighth did, isn't it? B-)

It's good to be the King. Mel Brooks :)
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#67 User is offline   blackshoe 

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Posted 2013-July-09, 08:57

ROFL! Too true! Though Louis XVI might disagree. B-)
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#68 User is offline   barmar 

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Posted 2013-July-09, 10:54

View Postblackshoe, on 2013-July-08, 12:16, said:

The simplest way to sort it out is to recognize that marriage is a civil contract between individuals (possibly more than two individuals), and that in a country based on the principle of individual freedom, neither the government nor organized religion has any business sticking their oar into that contract.

So the government shouldn't have laws regarding whether insurance covers spouses, whether spouses should get special treatment in inheritance, whether employees should be allowed time off from work for family issues, whether spouses have financial interest in each other, power of attorney, etc.? Each couple should get to set all the terms of their partnership, with no mininal standard?

Sounds more like a business relationship than a marriage. Oh wait, we have laws governing those types of contracts.

And how are employers and other third parties supposed to deal with this? They were not party to this contract, do they each get to decide whether you're married for their purposes? Or do we get rid of family leave, family insurance plans, etc.?

It seems like a nice ideal when you first suggest it, but it's really untenable. Special treatment of families and spouses pervades society, and it's practically impossible to avoid government regulation of it.

#69 User is offline   cherdano 

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Posted 2013-July-09, 12:03

Do you also suggest to extinguish any mention of family relation in any aspect of US law? Do you expect the US to lobby every other country to do the same?
Otherwise, what do you expect other countries to do if they allow a US citizen with a work VISA to bring family members along?

Or have you possibly not fully thought through the consequences of your suggestion? Just maybe?
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#70 User is offline   blackshoe 

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Posted 2013-July-09, 15:52

View Postcherdano, on 2013-July-09, 12:03, said:

Do you also suggest to extinguish any mention of family relation in any aspect of US law? Do you expect the US to lobby every other country to do the same?
Otherwise, what do you expect other countries to do if they allow a US citizen with a work VISA to bring family members along?

Or have you possibly not fully thought through the consequences of your suggestion? Just maybe?

OUr politicians don't think through the consequences of their legislation. Why should I be required to think through all the consequences of a suggestion I threw out for discussion on an Internet forum?
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#71 User is offline   dwar0123 

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Posted 2013-July-09, 18:09

View Postblackshoe, on 2013-July-09, 15:52, said:

OUr politicians don't think through the consequences of their legislation. Why should I be required to think through all the consequences of a suggestion I threw out for discussion on an Internet forum?

How to win internet arguments 101.

I'm wrong. But you are wrong for pointing it out!
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#72 User is offline   blackshoe 

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Posted 2013-July-09, 18:26

ROFL!

I never claimed that my proposed change doesn't come with its own set of problems. I don't have all the answers, either. If that makes me "wrong", then so be it.
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#73 User is offline   kenberg 

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Posted 2013-July-09, 20:17

View Postblackshoe, on 2013-July-09, 15:52, said:

Our politicians don't think through the consequences of their legislation. Why should I be required to think through all the consequences of a suggestion I threw out for discussion on an Internet forum?


This appeals to me.
Ken
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#74 User is offline   ArtK78 

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Posted 2013-July-10, 09:57

Here is a small portion of an interesting discussion of the Supreme Court decisions striking down DOMA and California's Proposition 8, from Bloomberg BNA Weekly Report for the week of 7/8/13, a professional tax publication. This portion discusses the retroactive effects of the decisions:

After months of debate and weeks of waiting, the U.S. Supreme Court June 26 released its rulings in U.S. v. Windsor and Hollingsworth v. Perry, striking down a key provision in the Defense of Marriage Act and, in Hollingsworth, finding that the opponents of same-sex marriage lacked standing to appeal. On the day of the decisions, BNA interviewed Nicole Pearl, a partner at McDermott Will & Emery who has extensive experience in tax planning for gay, lesbian, and unmarried couples, asking her about the impact of these decisions on the calculation of tax, amended returns, and state tax policies.

BNA:

How does the court's finding DOMA unconstitutional affect the tax returns that same-sex couples have filed in the past? Would there be an opportunity for amended returns and refunds, and what sort of issues might these amended returns cause?

PEARL:

This allows same-sex couples who have created a legal marriage in any state to go back and amend any income, estate, or gift tax returns in which the statute is still open (generally three years from the date of filing). This would allow couples to go back as far as their 2009 returns (assuming that they were filed on extension in 2010). Of course, there is no duty to amend tax returns so couples can decide based on their particular circumstances whether this would make sense for them.

This also gives rise to further questions. For instance, are couples that registered as domestic partners or formed civil unions in their states of domicile because they were not allowed to marry in those states allowed to go back and amend their returns? Could they be considered to be married under federal law, or would they have to take some further step in order to legitimize their marriage (for example, obtain a marriage license).
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#75 User is offline   cherdano 

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Posted 2013-July-12, 00:25

blackshoe said:

OUr politicians don't think through the consequences of their legislation. Why should I be required to think through all the consequences of a suggestion I threw out for discussion on an Internet forum?

View Postkenberg, on 2013-July-09, 20:17, said:

This appeals to me.

(Directed at blackshoe:)

Quote

Or have you possibly not fully thought through the consequences of your suggestion? Just maybe?

View Postblackshoe, on 2013-July-09, 18:26, said:

ROFL!

I never claimed that my proposed change doesn't come with its own set of problems. I don't have all the answers, either. If that makes me "wrong", then so be it.

This would have more appeal if there wasn't a pattern:

BBF: discussed issue X
Blackshoe: THE SOLUTION IS SO SIMPLE JUST GET THE GOVERNMENT OUT OF IT.
BBF: But have you thought about the consequences? Can you name an example where this worked?
Blackshoe: ???

His libertarian non-sense would be more believable if there was a single case where blackshoe had thought through the consequences of his ideological reflex. And it's not just a problem with blackshoe, it's a problem with the whole movement. A movement that adores a leader who is in favour of the most idiotic economic decision the US government could possible make (return to the gold standard).

At some point, your ideology should be able to survive enemy contact with reality.
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#76 User is offline   mike777 

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Posted 2013-July-12, 02:21

In America this returns to the same old discussion


1) whatever the govt does...it must be wrong often...very often....not perfect just wrong/not best
2) whatever the govt does it must be right often...very often......not perfect just right/best



fwiw it seems Europe...does not see govt as wrong..often wrong or just plain silly/goofy/fascist.
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#77 User is offline   mike777 

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Posted 2013-July-12, 02:34

to understand America....


Please Europe take any I mean any bill that is a debate, a real debate in your country:


1) if you pass it America thinks it is silly...goofy
2) it has elements of being fascist.....

now you understand America...:)
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#78 User is offline   kenberg 

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Posted 2013-July-12, 06:09

I did say "This appeals to me". I said it in response to a boxed quote, a boxed quote that is different from the one Cherdano attaches it to. I see the two boxed quotes as having different content, in particular one of the boxed quotes appeals to me, the other doesn't.

I am not planning on going crazy over this, I'm just sayin.
Ken
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#79 User is offline   mikeh 

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Posted 2013-July-12, 09:40

View Postblackshoe, on 2013-July-09, 07:00, said:



All I'm saying is that the government has no business telling free citizens what kind of contracts they can write between themselves, or taxing or "licensing" such contracts. And organized religion has no business influencing the government to do that — which is what has happened in Western society over the past several hundred years.



This kind of inanity gets old very fast. Ideologues like BS seem to view 'government' as some sort of alien entity imposed upon us by utter strangers.

Reality 101: all human groupings develop a leadership structure. There is good reason to believe that humans are social animals. Our closest relatives, the great apes, are either solitary or, when they form groups, have well-defined social relationships, with varying degrees of status. This is true in other social animals as well: see wolf, or lion, or elephant, etc.

Thus in our pre-history, it appears clear that clans, then tribes always had some form of hierarchical leadership: some form of 'government'.

Once history began to exist, in the sense that records came into being that could be reviewed by later generations, we see the development of various forms of government, almost always authoritarian but with some experiments in limited democracy (see some of the Greek city-states and republican Rome).

As nations grew larger and more complex, larger and more complex governments also developed and only someone steeped in ignorance would argue that such was invariably 'wrong' in some manner.

As our societies grew ever more complex, the need for a framework of directions, controls, guidance and, most of all, dispute-resolution grew as well. One could argue that the need for dispute resolution grows exponentially in relation to population growth. We all have multiple contacts with people. As the number of people grows, and the density/speed of interaction grows, the possibility of disagreement multiplies.

Viewed in one light, laws are basically dispute resolution mechanisms.

Leaving aside autocratic governments, in which the popular will is often ignored for years (altho at the risk of generating an explosion in the long term), laws in 'democracies' generally reflect the societal consensus. Laws are often cumbersome to change and thus laws can lag behind rapidly evolving societal consensus, but that lag doesn't invalidate the argument. Nor does the reality that special or vested interests can often delay or even prevent the evolution of laws to reflect the societal consensus. Even more problematic is the effect of money on the manipulation of the consensus, but those are problems of implementation and don't affect the basic scheme of democratic government.

Society sees some conduct as detrimental. Stealing or murder are two easy examples of this.

When A steals from B, in a libertarian fantasy world, that is B's problem. In a more mainstream world, it is still B's problem but society has an interest in reducing the incidence of theft, since there are more potential 'B's in the world than there are thieves, and allowing theft to become a matter of private rights would lead to chaos. So the government, which is an arm of society, enacts laws prohibiting theft and employs people whose tasks involve arrest, prosecution and punishment.

Society may also see that there are situations in which it is in the best interests of society as a whole that certain relationships be made to conform with or gain prescribed benefits from rules enacted to impact those relationships. Some relationships are seen as beneficial to society and thus suitable for encouragement.

Most societies have seen that pure economic freedom results in the accumulation of power and wealth in a tiny segment of society, while many end up impoverished and with little or no access to basic needs such as education or health care. So most western societies have decided that society ought to make provision for the poor to gain access to such benefits. The motives felt by those in society who feel this way may vary, but the result is that in most democracies the government takes upon itself the role of providing this access. Since this, and all the other services that we feel ought not to be distributed only to the wealthy, means that the government has to spend money, it needs to raise money as well.

It also has to regulate and define who gets access to what. Familial dependents are seen as being entitled to certain benefits associated with their familial relationships. Survivor's benefits, visitation rights, community property division upon the breakup of the relationship, etc. Once again, it is generally seen by most that failing to afford government recognition to these rights effectively dispossesses all but the rich from being able to assert them in the event of any dispute.

So it is entirely appropriate, and essential to any societal fairness, that the government be the entity that defines these rules.

Can anyone argue, with a straight face, that in the southern US we wouldn't see even more racial prejudice and segregation than currently exists were the Federal Government to have taken a hands-off approach to the relationships between blacks and the rest of society? Would slavery still exist in the US were it not for the position taken by the US government in the 1860's? Would most of us not be smoking cigarettes were it not for the action of our governments to educate us on the perils of tobacco, while restricting the ability of cigarette manufacturers to advertise towards children?

Does BS really think that having millions of people dies slow, agonizing deaths from lung cancer and similar illnesses is a better outcome than allowing government to interfere with the tobacco industry? Does he really think that individual children or their parents can stand up to the brainwashing of massive advertising because it is a fair fight? That each of us can indeed see through the lies (the smoke) of the marketers of poison and, if we can't, too bad? That society has no vested interest in minimizing the harm?

These are just simple examples of areas in which we, as society, see it fit to act and we, as society, create a government to do for us collectively that which we, as individuals or small groups, can't do ourselves.

I could expand on this at length, but most here already understand the basics of what has been called the social contract, and those like BS who cling to their delusional notions about the very nature of society can't learn anyway. It's called cognitive dissonance and while most of us are subject to that in some aspects of our lives, libertarian and religious fundies seem to make it a fetish.
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#80 User is offline   blackshoe 

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Posted 2013-July-12, 13:05

View Postmikeh, on 2013-July-12, 09:40, said:

This kind of inanity gets old very fast. Ideologues like BS seem to view 'government' as some sort of alien entity imposed upon us by utter strangers.
[snip - tl;dr]

Nice abbreviating Mike. Very subtle. Not.

Government has three purposes: to protect citizens from the depredations of foreign nationals or nations (the purview, essentially, of the military), to protect citizens from the depredations of their fellow citizens (the police function), and to adjudicate civil disputes (the court function). Unfortunately we humans seem unable to shed the vestiges of old ideas about what government is supposed to do, not to mention relatively new ones that make no sense - like government control of the economy.

I don't view government the way you claim I do. I view government as a necessarily evil, to be constrained as much as possible, but not eliminated altogether. And I firmly believe in "of the people, by the people, and for the people" - a situation which in this country seems farther from reality every day.

Cherdano: you mentioned "the gold standard". First, there's more than one way to establish a gold standard. Second, I ask you, what is it about a gold standard that makes it "idiotic"?
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