Brian Doherty | January 30, 2007
Man wins free ride to space in an Oracle-sponsored sweepstakes! IRS insists he owes tax on the value--$25K, sucker. He glumly gives up. Fox has the full story.
Well, at least it's another sign of the growing, wonderful normalization of space travel. Our own Katherine Mangu-Ward surveyed the latest trends in private space flight in this soaring Reason feature in our January issue.
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An outrage! It's unfair that the IRS doesn't suspend the law in cases such as this one and mine so other taxpayers can't subsizide us.
"An outrage! It's unfair that the IRS doesn't suspend the law in
cases such as this one and mine so other taxpayers can't subsizide
us."
This might be convincing if the income tax measured income in a way
that approximated reality. It doesn't, so it's not.
Nocaliban---Damn, I wish I'd thought of that for the headline. Consider it the honorary headline now.
Rich, it's a special kind of asshat that considers a tax break a
subsidy, especially on a prize (cause if they don't tax this guy,
what, all those other sweepstakes are at a competitive
disadvantage?).
To think, I've been generously subsidized by all those poor folks
that were mugged, and all the while I've gone unmolested. ... enter
ubiquitous retort about freeways and fire protection ....
It's unfair that the IRS doesn't suspend the law in cases
such as this one and mine so other taxpayers can't subsizide
us.
So how, exactly, am I supposed to be hurt if this guy is allowed to
ride into space without first paying $25k?
"Rich, it's a special kind of asshat that considers a tax break
a subsidy, especially on a prize (cause if they don't tax this guy,
what, all those other sweepstakes are at a competitive
disadvantage?)."
Of course it's a subsidy. If I bought this trip on the open market,
I'd have to do it with after tax dollars. If he gets without paying
the tax, then he pays for it with pre-tax dollars. The subsidy
equals the amount of tax he would have had to pay. Not too
complicated.
It's telling of how strange the system is that even if Oracle
had included the cost of the taxes in the prize, this poor bastard
would have to pay tax on cost of the tax being covered.
I wonder if they could have declared that the ride is not
transferable therefore has no cash value, or hired the guy to
"work" on the flight.
I don't understand how it counts as a subsidy if you refuse to charge income tax on something that's not income. If giving somebody a free good time is taxable, then you better go back and tax all the chicks that took me up on my offer for free mustache rides. Pwned!
Here's what I don't get. Why doesn't the space company pay those taxes? Its not like it will break the bank. Most giveaways like free vacations are "All expenses paid" INCLUDING TAXES!!!!
Ok, I didn't read David's post before putting mine up. Would the government really try and tax someone for something even if someone else paid the taxes. That's like winning the lottery, being taxed on what you won, then being taxed on the remainder again.
I wonder if they could have declared that the ride is not
transferable therefore has no cash value
If they didn't declare this, then he'd have to be a moron to not
sell it. The article seems to have indicated that he simply
declined it. How much do you think a trip to space would go for on
e-bay?
The "Richard Hatch" comment was mine - a reference to the guy
who didn't think he had to pay taxes on his Survivor
winnings.
Anyway, it amounts to a subsidy because if the government requires
X amount of money to operate, then if somebody doesn't pay his fair
share, the rest of us have to pay more.
Anyway, everybody should know that income is taxed. The fact that
this guy was too stupid to realize that is what led to him being
"crushed", not the mean ole IRS, who is simply doing its job in
collecting legally owed tax.
Lost in Translation - yes they would. One of the first income
tax cases the Supreme Court considered in the '20's was where a
corporation attempted to pay the income tax of the CEO. The Court
ruled said payment was "income" itself, and he also owed taxes on
that attempted payment.
I hate defending the IRS, but of course whenever someone gives you
something, that is "income." Whether you earned it by work
("wages"), or they gave it to you gratis ("gift"). I suppose the
question is whether we should tax "gifts." The problem would be
that immediately, to avoid taxes, my corporation (of which I am the
sole employee) would no longer pay me a salary and instead simply
give me a gift at beginning of each month, tax free.
Can someone come up with a principled rule delineating "gifts" from
"wages" or other income?
Taxation, even with representation, is still
tyranny.
Only in the sense that representation, even with taxation, is
welfare.
Anyway, it amounts to a subsidy because if the government
requires X amount of money to operate, then if somebody doesn't pay
his fair share, the rest of us have to pay more.
I know I shouldn't feed a troll, but the government's operating
costs didn't go up when this guy was offered the free space ride,
and didn't go down when the guy declined.
I know I shouldn't feed a troll, but the government's
operating costs didn't go up when this guy was offered the free
space ride, and didn't go down when the guy declined.
So?
Can someone come up with a principled rule delineating
"gifts" from "wages" or other income?
Sure. Cash=income, non-cash=non-income. I realize that this is
vastly different from current laws. You asked for a principled
rule, and you got one.
Out of curiosity, if a hospital provides life-saving treatment that they nominally would charge $1,000,000 for, does the IRS count that gift as income too?
Of course it's fair to pay the taxes. The Government spent a lot of money making space and other planets for us to launch rockets at, and those expenses have to be recouped somehow.
Only in the sense that representation, even with taxation,
is welfare
Re-iterating Jennifer's admonition on troll-comestibles, income
taxes aren't the toll for representation, we had representation for
the first 140 years before the 16th Amendment was ratified. Taxes
pay for goods and services and we aren't getting our money's
worth.
[ I know I shouldn't feed a troll, but the government's
operating costs didn't go up when this guy was offered the free
space ride, and didn't go down when the guy declined.
So? ]
"So" if costs did not go up OR down, then no one was
"subsidized".
If they didn't declare this, then he'd have to be a moron to
not sell it. The article seems to have indicated that he simply
declined it. How much do you think a trip to space would go for on
e-bay?
Dave,
I can't imagine that the guy wouldn't sell it if it was an option.
If he could and chose not to, then he's a fool. If he was forced to
sell but really wanted the trip, it still feels like he's getting
screwed.
I think it's more likely that the prize is non-transferable, but
had an approximate cash value which, to my thinking, makes taxing
it unfair.
Either way, the IRS rules have made it so that only the very rich
are eligible to win prizes and keep them.
"So" if costs did not go up OR down, then no one was
"subsidized".
The costs stayed the same, but the revenue went down. So others
have to pay more, and SpaceBoy gets the same benefits while paying
less.
Not a hard concept, folks. Really.
Didn't the Oprah audience get all pissy when they realized they had to pay taxes on the cars she gave away during one show? I remember something about that. They walk in just going to a show and they walk out with a car and a tax bill for $7000.
Tarran:
Actually, the hospital would never "give" anyone treatment, they
would send a $1,000,000 bill for the service then write it off as
bad debt on their taxes. Then the recipient would owe taxes on the
amount "forgiven" as bad debt. That's why the first thing you
should do when diagnosed with some horrible disease is give away
all your assets and declare bankruptcy. The IRS has to settle under
unfavorable terms rather than just seizing everything.
[The costs stayed the same, but the revenue went down. So others
have to pay more, and SpaceBoy gets the same benefits while paying
less.]
The revenue does NOT go down; it stays the same. And "SpaceBoy" is
not paying any less than he was paying before, except, possibly, as
a percentage of income.
Haywood - that's fuzzy politician math. Revenue did not change. If they were to collect tax on the gift, revenues would have gone up. If they don't collect tax on the gift, revenues stay the same. The claim that a stagnant (or slowly-increasing) number constitutes a decrease is a rhetorical gimmick usually reserved for congressional budget hearings and the subsequent sound bites in the media. (E.g., "He wants to reduce welfare funding by increasing it by less than I want.")
What on earth makes some people think that there is a direct correlation between one person's failure to pay taxes (fair or otherwise) and the amount others pay? It simply doesn't work like that. Never does the government say, "Joe blow skipped out on his tax bill, so now we have to go back and get more money from everyone else." Government bookeeping is just not that simple.
I think the similar Microsoft Vista contest gives an additional cash prize to cover the taxes (and the taxes on the additional cash prize).
Haywood-
Mix in a few "for the children" references into your posts and you
can replace Dan T. as the resident troll.
The only entity at fault here is Oracle. The fact that winnings are taxed as income should not be news to anyone.
Look, libertarians: You don't understand how space works.
When planets orbit around the sun, they are actually continually
accelerating -- ask any physicist to confirm that. Where do you
think they get the ever-increasing energy to do that?
Without ever-increasing revenue, the Government can't keep the
planets in their courses, and they'll all spiral into the sun.
Taxes are a matter of basic survival, that's all.
Really, folks. It's not that hard a concept to wrap your pointy
heads around.
I have won a few big-(or at least moderate-) ticket items in the
past few yearsm including two SuperBowl XXXVI tickets from an NFL
football team and a package of an elliptical trainer, personal
training sessions, and 3-year membership from Bally Total
Fitness.
With respect to the SB tickets, I had planned to use the face value
for tax reporting purposes, since that amount was clearly less than
what I sold one of the pair of tickets for on fleabay (I used the
proceeds to pay for my New Orleans transportation, hotel, and "fun"
attendant to the use of the other ticket). However, it turned out
that the NFL club that sent me the tickets never bothered to file a
1099 reporting my winnings (the face value of the tickets was
approx $700 total, so perhaps it was under a threshold?), so I did
not declare the prize as income.
With respect to the Bally's prizes, the company did file a 1099, so
I had to report the income. However, there is no requirement that
one use the figures supplied by the company if they are inaccurate.
Bally had simply put MSRP figures down for each prize. As most of
us are aware, it is the rare person who pays full retail. I was
able to locate an advertised price for the elliptical trainer that
was less than 50% of MSRP, and used that as the fair market price
for tax purposes. Further, since I was already a lifetime Bally's
member with a low annual renewal rate ($25/year), the 3-year
membership only had a fair market value of $75, rather than the
$800 or so that the membership would have cost someone who was not
a member.
With respect to "SpaceBoy", it seems to me that the market value
assigned to the prize by the sponsor is speculative at best. In
fact, the prize itself is somewhat speculative, being that it is
contingent on a number of events that may or may not occur, such as
the development of a commercial space vehicle willing to allow him
passage. It seems to me that a creative accountant might have
figured out a way to deal with this issue that would have allowed
SpaceBoy to defer paying income tax on the prize, and/or reduce the
amount of tax owed.
It is certainly a subsidy. The government rightly owns all property. That bit that they allow you to keep is a gift or grant; the more you keep the larger the subsidy. Not a hard concept, folks. Really.
Chuck - that certainly is a rule. The question becomes, if my business leases me a car, rents me an apartment and buys all my food for me, is none that taxable income?
More IRS asshattery:
http://www.mysanantonio.com/news/metro/stories/MYSA013007.01A.Prosecutors_Pay.1b5bb48.html
Long story short:
The IRS settles lawsuit for $1.34 mil after spending years
investigating a local criminal defense lawyer for not disclosing
income, after the Feds lose the criminal trial.
Money quote: The Feds wanted to investigate the federal judge that
through out their case...
"Drafted after a federal judge decided agents lacked the probable
cause to justify their search of Brown's law office, the report
indicated Maxwell not only was unrepentant, he and others began
investigating whether the judge, Orlando Garcia, had any links to
Brown."
I just want to let you know this:
I have started a new buisness... I post on blogs, in exchange for
payment. My fee, per blog, per post, is $100,000,000.00. I haven't
charged anyone yet, Reason is my first.
I am going to give Reason magazine my first $100,000,000.00 post
for free. However, it *IS* a gift, and so Reason magazine will be
liable for a cool $50 million.
Hey, wait a minute... since you are all getting the gift of my
postings as well, you better notify the IRS that you are on the
hook for $50,000,000.00, otherwise you are guilty of tax fraud.
Superhighways and fire departs, you know!
I'd like to know the geneology of the IRS's ability to tax gifts and services like they were income. Did they assume such power from the start, or was it in response to something? If it's the latter, I'm guessing maybe it was in response to people using barter to avoid taxes. There's definitely some rationale for thinking barterers are "beating the system" in such a way that might leave more to pay for the rest of us (how much one person is taxed may not be directly correlated to how much others are taxed, but I think it's foolish to think there's no (inverse) correlation at all). Personally, I'm okay with not taxing barter. Barter's a lot less efficient than using money, so if some people wanna go through that trouble to avoid the taxman, fine with me. But people get so steamed over others "beating the system". Even Reagan got the taxation on waiters' tips going, which I thought sucked. I think there should be a way to "beat the system". There's a price for operating in an underground economy, but I don't think we should be trying to make it impossible to go there. (Setting aside issues concerning the morality of taxation in general, of course.)
Haywood - that's fuzzy politician math. Revenue did not
change. If they were to collect tax on the gift, revenues would
have gone up. If they don't collect tax on the gift, revenues stay
the same. The claim that a stagnant (or slowly-increasing) number
constitutes a decrease is a rhetorical gimmick usually reserved for
congressional budget hearings and the subsequent sound bites in the
media. (E.g., "He wants to reduce welfare funding by increasing it
by less than I want.")
But if the government can forgive taxes that are legally owed
without any effect, why collect taxes at all? Do government
expenses magically pay for themselves?
Think about it this way: the government spends X amount of money in
a year. These expenses are covered either by the collection of
taxes or by borrowing money. If they decide to not tax SpaceBoy,
they either have to tax somebody else $25k or borrow an additional
$25k, and debt is serviced by taxes as well it still means somebody
has to pony up. Or, they could reduce expenditures by $25k but that
would mean somebody would be getting $25k less in services.
Either way, SpaceBoy wins and the rest of us lose.
Granted, $25k is not much in the context of the federal budget but
nobody's offering me a $25k tax exemption for nothing.
fyodor,
You can find the history of US Federal
Estate, Gift and Generation-Skipping Taxes here.
Barter is taxable at the fair market value of the goods per the IRS but only
if it is contracted and formal in nature. Oddly, both sides of the
barter exchange owe tax on the equivalent "income".
But if the government can forgive taxes that are legally
owed without any effect, why collect taxes at all? Do government
expenses magically pay for themselves?
Well y'know, as usually happens in comments threads, people state
objections to this or that without issuing some damn policy
statement that explains WHY they object. If anyone here thinks
Spaceboy should be individually exempted from the law, your
objections have some validity. I suppose one might argue that there
are obvious times not to enforce an otherwise good law, but one
would at least have to explain why this guy's case is
special.
On the very other hand, however, those finding something to dislike
in this particular case may object to the general
practices of which this case is but one mere example. In that
case, everything you are saying, hayward's proxy, is primarily
besides the point.
I only have two things to say:
1) Larry Ellison is a dick.
2) This sort
of thing isn't all that uncommon.
Let's look at this another way. If I fail to win the lottery, I
have not suffered a financial loss. I simply have not gained
anything. The same principle applies here. The government had no
idea that this guy would get a prize worth $25K, and certainly
didn't budget around the idea that a company might give a prize to
somebody and be expected to pay taxes on it. If they did so, and
are not precognitive, they would be acting stupidly, even by
government standards.
In other words, the "now someone else will have to pay those taxes"
argument is a non-starter.
Okay,
Firstly, according to the guys
blog Oracle chipped in $35k for the taxes, approximately 30% of
the estimated value of the prize($138,000), and what should have
been enough to cover it. Apparently, the IRS(and the State of
California) views the prize as "income" and not as a "gift" and
therefore he was being taxed at his normal "income" tax rate of
closer to 40% (software developer vs. burger flipper), ala $25k
short. Secondly, unless he was to fly in 2005(the year he won
prize), he didn't actually have to pay taxes on it that year as he
had not recieved the "service" in question. He would have owed
taxes on the $35k that Oracle chipped in, but not on the
spaceflight itself.
As of today, the flight in question has not taken place and
probably will not take place this year(2007). If he could have
saved $25k over 2-3 years then he wouldn't have had much to worry
about. Perhaps Oracle should have chipped in a bit more to cover
the taxes but ultimately it was his decision to forfeit the
prize.
As Rex Rhino exemplified, this does raise an interesting question,
if somebody were to gift me with a Billion dollar prize that I
a)couldn't refuse for whatever reason and b)couldn't sell due to
limited interest would I be on the hook for taxes for an item that
I never actually wanted based on the supposed "fair market
value"?
What is the fair market value on the Eiffel Tower or the Leaning
Tower of Pisa or the Shroud of Turin or a trip to space or a blog
post by Rex Rhino? The answer is, it is worth whatever somebody is
willing to pay for it vs what the owner wishes to recieve for it,
but as a gift nobody pays for it so it can be whatever the gift
giver says it is, particularly with regards to unique or low
production items that are only given away.
you can replace Dan T. as the resident troll.
Joe is the resident troll, but he's been here so long we've begun
to think of him as family, not vermin.
Couldn't SpaceBoy have legally deferred the taxes until receipt
of trip? It's not like spaceplanes are available tomorrow -- and to
my knowlege no entity currently exists that can guarantee your
flight will actually happen, so until that happens, the winner
hasn't actually won anything tangible... really, just an option
with a very large time value filling out the space between sticker
price and zero.
A computer engineer should have been able to scrape together $25K
in free cash over 5 years or so without playing the crybaby-sour
grapes-martyr card if he really, really, really wanted the trip.
He's certainly entitled to the opinion that the tax cost is too
much for him, and agreed, Larry Ellison is a jerk for not covering
it. But I don't buy that he couldn't have figured out a way of
making it work.
Interesting to note that if a company pays the tax on a prize, this payment is also considered a "prize", so the winner has to pay tax on that too. And if the company pays that tax... Ugh. Reminds me of when I studied iteration in computer science. Is it any wonder that America has a reputation for having the world's most arcane tax system? Still, the "liberation" of Iraq isn't going to pay for itself.
Kwix,
Wasn't that scenario part of "Raging Bull"?
Also, if you were to win Powerball, there are fine legal points
that have to be observed to prevent the complete net present value
of the jackpot from being taxed in year 0.
Haywood - if your point is correct, then should we allow this fellow to forfeit his prize? Aren't we losing the same $25K that we would have lost if no tax had been charged on the transaction? Also, aren't we losing the $35K that Oracle put up in taxes? Now everybody's a loser, because we all have to make up for the $60K that was not paid in taxes, AND SpaceBoy doesn't even get to go into space! Well, shit. I hate how things work out when everything has to be zero-sum.
Secondly, unless he was to fly in 2005(the year he won
prize), he didn't actually have to pay taxes on it that year as he
had not recieved the "service" in question.
Couldn't SpaceBoy have legally deferred the taxes until receipt
of trip?
I don't see why the date in which the "service" is to be performed
is at all relevant. What was gifted was a "right to service",
essentially a guaranteed contract that a service was to be
performed.
I don't see why he didn't accept the gift, sell it, and then
reported the sale price as the market value of the gift.
Interesting to note that if a company pays the tax on a
prize, this payment is also considered a "prize", so the winner has
to pay tax on that too. And if the company pays that tax...
Ugh.
If the tax rate is x, then to make the gift "tax-free" the giver
must add cash to the gift equal to
x + x^2 + x^3 + ... = 1/(1-x) - 1
times the value of the gift.
Of course, if the series pushes the recipient's income into a
different tax bracket, the formula will no longer be valid. But it
should still converge so long as he doesn't enter a 100% tax
bracket.
Whether somebody is being subsidized or is subsidzing somebody
else has nothing to to with what is or isn't income and whether it
has been taxed or not.
It is a straight forward comparision of the total DOLLARS in taxes
a person has paid to a particular level of government (i.e the
federal government) vs the DOLLAR value of the particular
government activities undertaken by that level of government that
have provided some demonstrable specific direct benefit to that
person calculated on a user fee basis. If the dollars of taxes paid
is higher than the value of services personally received, that
person is subsidizing somebody else, regardless of whether a prize
he got was taxed as "income" or not.
When liberals start talking about somebody being "subsidized" it
usually actually means that person is not being required to
subsidize somebody else to the extent that the liberal wants him to
be forced to.
the word "troll" flies around here so much, it loses all
meaning. then we have nothing special to use for morons like
terrorwatch and truthfrei.
as far as i know, "troll" does not mean "someone with whom you
disagree".
-cab
as far as i know, "troll" does not mean "someone with whom
you disagree".
Agreed, and it doesn't apply to joe.
as far as i know, "troll" does not mean "someone with whom
you disagree".
You must be new to this board...Free Minds, you know!
We need a new term. A term that describes someone who wants to
be a gadfly, but just doesn't have the arguments or intellectual
capacity to be interesting. Someone who really, truly thinks that
it is their duty to show us silly libertarians how wrong we are,
and how smart he is.
But "Chronic 13-year-old" is too long.
He ain't getting screwed.
A $25,000 trip to space is a pretty damn good deal, and defintely
attainable for anyone who wants it enough to take out a second
mortgage on their home.
Plus, he could probably recoup the $25,000 by selling the service
of taking small things on the ride for people who have some need or
desire to have something sent through space. "I'll carry some of
your loved one's ashes into space! $100/gram)"
He probably could have worked something out with the IRS to make it
work.
No, "screwed" would be if he entered because he wanted a
much-less-valuable second prize, didn't much care about the space
trip itself, and wasn't able to turn down the trip to escape the
tax.
That's similar to a situation I was worried about a while back. A
New York npr station was holding a giveaway during a fundraiser.
There were two prizes. Second prize was a Mac Powerbook and an
iPod. First prize was a huge, heavy (200-400 lbs with base),
$10,000 Sony top-of-the-line HDTV.
Now, I could handle the taxes on the Powerbook. But I would have
been in a spot if I'd won the HDTV. It wouldn't even be easy to
*sell* such a beast, because that would require moving it.
*That* is my idea of getting screwed.
"The answer is, it is worth whatever somebody is willing to pay
for it vs what the owner wishes to recieve for it, but as a gift
nobody pays for it so it can be whatever the gift giver says it is,
particularly with regards to unique or low production items that
are only given away."
I don't think that works, unless the "gift" is something like a
removed gallstone.
If the gift's value can be estimated, it'll be treated as any gift
would be, and somebody's going to get taxed.
Unique and "priceless" artifacts get priced and traded on the
market all the time. If somone gives you Cellini's salt cellar for
your birthday, someone's going to get dinged hard.
We need a new term. A term that describes someone who wants
to be a gadfly, but just doesn't have the arguments or intellectual
capacity to be interesting. Someone who really, truly thinks that
it is their duty to show us silly libertarians how wrong we are,
and how smart he is.
But "Chronic 13-year-old" is too long.
How about "amazingdrx"?
A couple of problems with this:
First of all, why don't government employees have to pay extra tax
on the value being selected to go on a space mission ?
Second, why can't taxes be payed as a value for value exchange,
instead of just cash ? That is, if I take 15% of a lawmaker all the
way up into space with me or a whole lawmaker 15% of the way into
space, the matter should be settled.
"If the tax rate is x, then to make the gift "tax-free" the
giver must add cash to the gift equal to
x + x^2 + x^3 + ... = 1/(1-x) - 1
times the value of the gift."
That equation doesn't look quite right, but its been a while since
I studied convergent series theory, so I'll take your word for
it.
It would seem a bit ridiculous if someone had to go through all
this hassle if they wanted to give a prize completely tax free -
perhaps the IRS offers a simpler way.
That equation doesn't look quite right, but its been a while
since I studied convergent series theory, so I'll take your word
for it.
It would seem a bit ridiculous if someone had to go through all
this hassle if they wanted to give a prize completely tax free -
perhaps the IRS offers a simpler way.
for whatever my opinion is worth, crassus, mikep's equation is
correct, tho it's slightly easier to write (and is more intuitive)
as x/(1-x). it's really not much of a hassle to multiply the value
of a prize by a number. even if tax brackets change, it's not
hard.
-cab
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