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navalpatel

join:2003-07-28
Lubbock, TX

No taxation with out representation

Technically, since he doesn't live in New York, he wouldn't have voting rights, etc... Thus, couldn't he argue that he was being unconstitutionally taxed because there is no one representing him (in New York since it is a state tax).


JTRockville
Data Ho
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join:2002-01-28
Rockville, MD
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I think it would make more sense if traditional commuters paid tax in all states they travel through to get to work. Why target telecommuters, who don't use any transportation resources?



Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5

reply to navalpatel

said by navalpatel:

Technically, since he doesn't live in New York, he wouldn't have voting rights, etc... Thus, couldn't he argue that he was being unconstitutionally taxed because there is no one representing him (in New York since it is a state tax).
Nice try, but no way. By this logic, foreigners and felons (neither of whom can vote) who live in the state would pay no tax either.
--
Stephen J. Friedl • Unix Wizard • Microsoft Security MVP • Tustin, California USA • my web site


bistro777
Donuts-Is There Anything They Can't Do?
Premium
join:2002-02-07
Englewood, CO

reply to navalpatel
This is the same "tax thinking and regulation" that is in place, for example, for professional athletes. For "normal folks," how much time do you need to spend in a state? If you spend 14 working or "duty" days in New York State in the course of a year, you're in the clear. Work in the state for more than 15 days, and the state could require you to file a return.

Some discussion can be found here - - -

Telecommuters, Beware of New York
Could you be hit by the 'jock tax'?
Fighting for fair telework tax - New York State's practice spurs draft federal legislation



I'd introduce myself, but I already know who I am.


navalpatel

join:2003-07-28
Lubbock, TX

1 edit

reply to Steve
The rights under the Constitution are guaranteed to US Citizens which foreigners more than likely don't hold (unless naturalized). Felons are generally exempt from various protections under the constitution.

Edit: I do believe some felons can vote and that also they don't pay taxes. Lucky bastards.



Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5

said by navalpatel:

The rights under the Constitution are guaranteed to US Citizens which foreigners more than likely don't hold (unless naturalized).
Wow, are you misinformed.

Though rights are informally described in terms of the holder of the right (citizen, the people, etc.), they are defined in terms of whose behaviors are constrained. "The government shall make no law..." restricts the actions of the government without limiting who receives the blessings of that protection.

Steve
--
Stephen J. Friedl • Unix Wizard • Microsoft Security MVP • Tustin, California USA • my web site

navalpatel

join:2003-07-28
Lubbock, TX



Also, I just read the comment I made above and didn't mean it the way that it sounds. I guess I meant that since he is a Citizen, he has the right to be represented in New York. Unless New York is allowing him to vote for a representative to cordially vote for/against taxes or decreases/increases, what makes them think that they are allowed to tax him. Non-citizens are a different breed because they have to undergo naturalization in order to gain the rights under the Constitution.

Furthermore, since he can not lay his claims to a particular district for which he would vote for a representative, it is unlikely that the state would allow him to vote.



Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5

said by navalpatel:

Non-citizens are a different breed because they have to undergo naturalization in order to gain the rights under the Constitution.
Those who believe that that the protections provided by the Constitution apply only to citizens really ought to take the novel step of reading the Constitution. Outside a very few narrow areas, there is no support for this notion inside the four corners of that Document.
--
Stephen J. Friedl • Unix Wizard • Microsoft Security MVP • Tustin, California USA • my web site

navalpatel

join:2003-07-28
Lubbock, TX

I was referring to extended rights such as voting.


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