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Illegal Taxation?

What at first was plunder assumed the softer name of revenue. ~Thomas Paine


Be wary of strong drink. It can make you shoot at tax collectors... and miss. ~Robert Heinlein
From Article 1, section 9 of the United States Constitution:
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

I think the writers of our Constitution were being very clear in their intent on that last line.

nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

So how can a Florida registered vessel, owned by a Florida resident, legally be charged duty (property tax) simply because it is temporarily in the waters of the State of Virginia on January 1st?

The Middlesex County tax collector has informed me that Felix's owners will be charged close to $700 because she is going to be located here on January 1st of 2010. How is that not a direct violation of both the intent and literal translation of Article 1, Section 9 of our Constitution?

If any lawyers read this, please explain to me how this can possibly be legal. Also, if Felix is exported from Florida and sold in another state, doesn't this line "No tax or duty shall be laid on articles exported from any state." clearly prevent a tax being charged just because it is located in the state on one particular day of the year?

Yes, yes, I know that I have no hope of avoiding the tax even though it seems to be quite obviously in direct violation of both the literal text and intent of our Constitution. Yes, yes I know that the State of Virginia will steamroll right over me because there is probably some esoteric loophole in some arcane state law that supersedes our Federal Constitution. But hey, one of the reasons for writing a blog is to be able to publicly vent when I feel wronged. All five readers can feel my frustration. ;-)

Comments

  1. Alden SmithDecember 15, 2009 at 2:46 PM

    I am a sailor of my own 30 foot home built yacht here in Whangarei New Zealand - I like the quotes you have on your blog as well as your writing itself - love the ones about the tax collectors and Babe Ruths attitude to beer drinking!

    ReplyDelete
  2. sneaks like deerDecember 17, 2009 at 9:56 AM

    if you don't pay the tax, what are they going to do to you? they can't take the boat,they cant stop you from getting your license renewed or tags on your vehicle renewed because you are not a resident of Virginia.I say screw the tax man and don't pay it.Go back to Florida and laugh at them.

    ReplyDelete

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