Senators to Unveil the ‘Ex-Patriot Act’ to Respond to Facebook’s Saverin’s Tax ‘Scheme’

[dairydog91]

50. Evasion is mentioned directly in the general rule.

US Code - Section 6672: Failure to collect and pay over tax, or attempt to evade or defeat tax
(a) General rule
Any person required to collect, truthfully account for, and pay
over any tax imposed by this title who willfully fails to collect
such tax, or truthfully account for and pay over such tax, or
willfully attempts in any manner to evade or defeat any such tax or
the payment thereof, shall, in addition to other penalties provided
by law, be liable to a penalty equal to the total amount of the tax
evaded, or not collected, or not accounted for and paid over. No
penalty shall be imposed under section 6653 or part II of
subchapter A of chapter 68 for any offense to which this section is
applicable.

Where are you getting the notion that this statute authorizes 100% taxation? This is genuine curiosity on my part, not combativeness. I think I agree with your argument, but I'm trying to figure out how this statute works into it. This looks like a penalty section to me, with the penalty capped at 100% of the tax evaded. Are you talking about a penalty in the amount of 100% of the tax avoided, or an ex-pat tax of 100% of all of the ex-patriate's capital assets?

Also, I merely raised Glenshaw to point out that broad notion of income under modern Constitutional interpretation. The case does not concern rates, rather just the definition of income. This would, presumably, include all income realized upon liquidating assets before leaving the United States. It is not about the amount of taxation, I raised it to support the idea that Congress probably could consider all money made at point of expatriation to be income. Since I am unaware of any case which has fixed the maximum rate Congress can tax something at, I assumed this could allow Congress to tax at 100%.