Paul L. Caron

Tuesday, April 28, 2009

Green: What is Wrong with Tax Evasion?

Stuart P. Green (Rutgers-Newark) has posted What is Wrong with Tax Evasion? on SSRN.  Here is the abstract:

This talk, originally delivered at a University of Houston symposium on tax crimes, asks why the norms that underlie our laws against tax evasions are so seemingly unstable. Ten reasons are offered: (1) tax evasion is difficult to distinguish from tax avoidance, (2) the conduct that underlies the crime of tax evasion is complex, (3) choate and inchoate liability are conflated, (4) a heightened mens rea of "willfulness" is required, (5) the level of enforcement is low, (6) enforcement practices are arbitrary and uneven, (7) criminal and civil violations are not clearly distinguished, (8) there is a sense that "everyone is doing it," (9) taxes are demonized in our political culture, and (10) the tax code is perceived as unfair and tax revenues are thought to be misused. It is also suggested that part of the reason the norms against tax evasion are so unstable is that there is confusion about exactly why tax evasion should be regarded as morally wrong. To that end, the debate over the moral content of tax evasion is revisited and extended.

Scholarship, Tax | Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference Green: What is Wrong with Tax Evasion?:

» What's wrong with tax evasion? from Don't Mess With Taxes
That's not a question most of us ponder every day, but a Rutgers law professor recently tackled the topic. (Hat tip: TaxProf Blog) At a recent talk delivered at a University of Houston symposium on tax crimes, Stuart P. Green examined why some folks fi... [Read More]

Tracked on May 1, 2009 10:42:19 AM