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Truly Bizarre Taxes The Tax On Illegal Drugs



O


ne can never underestimate      In an apparent attempt to promote 
the enthusiasm that             compliance, the Kansas Department 
politicians have for trying     of Revenue promises:              
to hunt up tax revenues. The                                            
creativity of some politicians        "A dealer is not required to give 
can lead to bizarre taxes and         his/her name or address when      
unfortunate results.                  purchasing stamps and the         
                                      Department is prohibited from     
Taxes on Illegal Drugs                sharing any information relating  
                                      to the purchase of drug tax       
One argument for the legalization     stamps with law enforcement or    
of various narcotics is that          anyone else."                     
massive tax revenues would be                                           
created. Interestingly, a few         The tax is levied on cocaine,     
states already are trying to          marijuana, methamphetamines and   
collect such taxes!                   other hard drugs. Interestingly,  
                                      the state collected over $300,000 
More than 10 states have tried to     in such taxes by going after      
tax people that possess illegal       individuals that were charged     
drugs. For example, Kansas levies     with criminal activity. This is   
a drug tax on dealers as soon as      better known as the "Al Capone    
they take possession of the           Theory", which is derived from    
substance. To avoid prosecution       the fact that authorities were    
for failure to pay the drug tax,      able to put away the famous       
individuals possessing the drugs      mobster on tax evasion charges.   
are supposed to purchase "drug        Alas, criminal prosecutors have   
tax stamps" and attach the stamps     not always welcomed the illegal   
to the drugs in question. The         drug tax.                         
stamps are valid for 3 months.                                          
                                      Drug Tax Foils Prosecution of     



Drug Dealers in Texas                 already been charged criminally.  
                                                                        
The 5th Amendment of the              In an attempt to get their        
Constitution protects Americans       clients off on drug charges,      
from being punished twice for the     criminal attorneys began advising 
same crime. This concept, known       them to rush to pay their         
as "double jeopardy", caused          drug-related taxes. The theory    
prosecutors in 1989 to literally      was that once the taxes were      
beg the state comptroller's           paid, the drug dealer could not   
office to stop accepting tax          be prosecuted because doing so    
payments by drug dealers. The         would constitute a second         
reason? A Texas Criminal Court of     punishment! The appellate court   
Appeal ruled that the state law       agreed with the theory and the    
assessing taxes on illegal drugs      state comptroller immediately     
constituted a "punishment". As a      stopped collecting the Texas drug 
result, requiring the payment of      tax.                              
the tax constituted double            

                              
jeopardy if the taxpayer had          






About the Author:

Richard Chapo is CEO of http://www.businesstaxrecovery.com - Obtaining tax refunds for small businesses by finding overlooked tax deductions and credits through a free tax return review.

Source: www.isnare.com


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