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The following article was published in our article directory on June 11, 2015.
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Article Category: Legal
Author Name: Santa Clarita Lawyer
What is Tax Law? How come taxes exist? What benefit, if any, do we get from faithfully paying our taxes?
Students, the farmers, the ordinary store keeper what is tax for them? And why do taxes exist? Crimes do not cease, corruption does not stop, and inflation does not end. Does complying with tax collection really make the world a better place? Humans who are alive and healthy do not cease to ask questions like these all the time.
How would a Dead Man's view on tax collection? Buried and unable to make a step outside of his grave but who from the moment of his death is once again subjected to tax implications simply because he is dead.
As an example, there is the Dead Man's Tax Law in California. What does California Tax Law provide regarding payment of estate tax?
Under California Tax Law, estate tax should be paid before distribution of the properties left by the decedent. At this point the dead man is cursing from his grave why his heirs cannot as yet taste the fruit of his hard labor which he rightfully earned when he was still alive. As a measure of prevention, so as to prevent the dead man from rising from his grave, an exemption of $2,000,000 is provided under the law.
By what measure are the Dead Man's properties weighed? Under California Tax Law, the basis for valuation of the decedent's assets used by the Internal Revenue Service is the fair market value, commonly known in the legal profession as 'the amount for which real property or personal property can be sold in a voluntary market transaction between a buyer and a seller, neither of whom is under any obligation to buy or sell'.
Now comes the problem of valuation. While the definition is easy, the implications are heavy and the consequences of too high valuation are harsh, even for one, or more so, for one who is dead. For this reason, a Tax Law Attorney is needed not only by those who are living but also by those who are dead. An ordinary layman, alive or dead (as in case of estate tax) cannot by himself alone defend his properties' valuation, and face the intricacies of a legal battle by himself. For this reason, a Tax attorney is hailed to come into the picture.
But, the unnecessary difficulty in life? Why follow the law of taxation even when one is already dead? Surely, a corpse cannot be imprisoned, but then again without complying with the Tax Law, a dead man's assets cannot be distributed to his heirs.
But, again, and again the question why is being asked. Ultimately, the question that will be asked is 'why is there a Tax Law?' Is the collection of taxes just another mode of corruption?
The facts are, as legal professors from around the world generally teaches, taxes are the lifeblood of the government. And Tax Law is the mode by which the collection of such taxes is realized. In order to 'try to maintain' a civilized society and for peace and order to be secured, governments are built to govern their own people, and this is a generally accepted truth in most of the legal systems in the world.
Keywords: Santa Clarita California Tax Probate Trust Law Lawyer Attorney
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