Lance Drury Law
Ste. Genevieve 573-883-3056
Columbia 573-886-8900
St. Louis 314-200-0003

July 2013 Archives

Busting the "Paying Taxes is Voluntary" Myth

In the United States, you are to file and pay taxes.The only thing that's voluntary about it is that you are the one that gets to do it, instead of the government doing it for you.Because of that, you can choose to use various legal tax exemptions to your advantage to pay lower taxes. If the government was calculating your taxes for you, there would be a known way for the government to know what you should pay.For instance, say you owned a legitimate part-time business on the side in addition to a regular job. You may be able to claim certain tax exemptions for that business according to the tax law.Common and legitimate business expenses might be your car, mileage, equipment purchases, or a separate home office. I can't help you write off these legitimate expenses.It's voluntary for you to own this business, but you are responsible for filing taxes for this business.

Choosing The Right Professional To Help Solve Your Tax Problems

It's ridiculous that a taxpayer might not be able to count on getting a right answer from the IRS regarding tax questions, especially considering that the IRS is the agency that is charged with the task of enforcing tax laws. However, you may find yourself in a position where you're already past the point of needing help with your tax returns. Filing this year's tax returns may not be the issue. The issue for you is:

IRS Authorized to Circumvent Warrants Regarding Personal Electronic Records

According to the American Civil Liberties Union (ACLU), the IRS can read your electronic communications. In 1986, the Electronic Communication Privacy Act gave government agencies such as the IRS the authority to examine any electronic communications older than 180 days. Even if you erase all your messages and statuses, rest assured that social networks, phone companies, and ISPs have not. Digital records, especially texts, are incredibly cheap to store. As such, there is a comprehensive open book of what many think of as "private communication" available to the government. The Electronic Communication Privacy Act specifies that a judge's warrant is not necessary for a government agency to snoop through your records. An attorney's subpoena -- basically, a request to conduct any investigation -- is sufficient. Note that prosecuting attorneys have incredibly wide powers to designate almost anything of interest as an "investigation." As such, their desire to obtain records about your personal credit card purchases, emails, search history and social network posts is easily satisfied. Nevertheless, there is hope for resistance to virtually endless IRS intrusion.  Stored electronic communications are counted as a type of "private property" of the organization providing the messaging or transaction services. Companies such as Google, Microsoft, Facebook and others have resisted IRS requests, insisting on a harder-to-get warrant from a judge. Legislators have also noticed. Some pushed forward a bill that would curtail the authority of government agencies to obtain private electronic communication. Despite prospects for restrictions of IRS powers, keep in mind several facts. First, relevant legislation (if any) is very unlikely to be retroactive -- to apply to electronic communications already on record prior to the legislation's enactment. In addition, companies have no obligation to resist IRS inquiries. Of course, companies have every legal right to cooperate with government agency requests. They are prevented from doing so only by their own discretion, within limits of the law. You can take steps to ensure privacy. To diminish the possibility of potentially incriminating information haunting you years into the future, keep tax-related communications off the electronic record. Letters and personal meetings are a small price to pay for strong legal protections in matters of tax law.

As Seen On

NBC ABC Fox News Channel USA Today BIO - The Biography Channel CBS
NBC ABC Fox News Channel USA Today BIO - The Biography Channel CBS

Schedule a No Obligation Tax Consultation

Contact us today and get relief from your tax burden. You can also receive a FREE chapter from the best-selling book, Protect and Defend, just by requesting it from the form below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Law Firm of Lance R. Drury
150 Merchant Street
(By Appointment)
Ste. Genevieve, MO 63670

Phone: 314-200-0003
Fax: 573-883-3095
Ste. Genevieve Law Office Map

Columbia Office
3610 Buttonwood Drive, Suite 200
(By Appointment)
Columbia, MO 65201

Phone: 314-200-0003
Phone: 573-886-8900
Fax: 573-886-8901

St. Louis Office
3636 South Geyer Road, Suite 100
(By Appointment)
St. Louis, MO 63127

Phone: 314-200-0003
Fax: 314-238-7201

Facebook Twitter You Tube Linked In Rss Feed
Review Us

Back to Top

"The choice of a lawyer is an important decision and should not be based solely upon advertisements."

- Lance

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.