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I think it's more like asking "Should Mr Y have been ticketed for reckless driving" if it's on a backcountry road without cops or speed limit signs. Not getting

I think it's more like asking "Should Mr Y have been ticketed for reckless driving" if it's on a backcountry road without cops or speed limit signs. Not getting audited doesn't mean it was ethical. I'm comfortable saying a tax loophole should be banned without saying it's users are criminals or either unethical. Asking if someone should be able to deduct their private jet is a political question to me, not a legal one. But there are other instance where people are taking advantage of lack of enforcement. For instance conservation easements. There's an example of a mining developer who gave 6000 acres to a charitable trust in CA. An issue is the mining company didn't own the subsurface gas and mineral rights to the land. They weren't explicitly clear about that when donating, so the donation was probably overvalued. https://www.kassounilaw.com/publications/the-uses-and-abuses-of-conservation-easements/ https://www.kassounilaw.com/publications/the-uses-and-abuses...

jjk166 5y ago
Speeding is illegal whether you get a ticket or not. There is no such thing as speed abuse.
- chris11 5y ago
  Speeding is straightforward to determine, just check the speed limit and how fast you were going. Reckless driving is a judgement call. Going to far over the speed limit means you'll probably get a reckless driving ticket if caught. But speeding isn't necessary for a reckless driving charge. It looks like court precedence is really important in some areas of tax law in determining what's ok. It's a problem if someone can take a really novel and beneficial reading of a policy and assume they won't have to defend it.
  - jjk166 5y ago
    And taxes, like speeding, aren't a judgement call. There are specific rules for what you do or don't owe, and you either are breaking them or you're not. Court precedence in common law countries like the US is equivalent to law.

jjk166 5y ago

Speeding is illegal whether you get a ticket or not. There is no such thing as speed abuse.

chris11 5y ago
Speeding is straightforward to determine, just check the speed limit and how fast you were going. Reckless driving is a judgement call. Going to far over the speed limit means you'll probably get a reckless driving ticket if caught. But speeding isn't necessary for a reckless driving charge. It looks like court precedence is really important in some areas of tax law in determining what's ok. It's a problem if someone can take a really novel and beneficial reading of a policy and assume they won't have to defend it.
- jjk166 5y ago
  And taxes, like speeding, aren't a judgement call. There are specific rules for what you do or don't owe, and you either are breaking them or you're not. Court precedence in common law countries like the US is equivalent to law.