Paris, France

Taxation Law, Business Law and Compliance

Master's
Language: EnglishStudies in English
Subject area: law
Qualification: M2
University website: www.cyu.fr/
Business
Business is the activity of making one's living or making money by producing or buying and selling goods or services. Simply put, it is "any activity or enterprise entered into for profit. It does not mean it is a company, a corporation, partnership, or have any such formal organization, but it can range from a street peddler to General Motors." The term is also often used colloquially (but not by lawyers or public officials) to refer to a company, but this article will not deal with that sense of the word.
Compliance
Compliance can mean:
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Business
O brave youth, how good for thee it were couldst thou be made to understand how infinitely precious are thy school years—years when thou hast leisure to grow, when new worlds break in upon thee, and thou fashionest thy being in the light of the ideals of truth and goodness and beauty! If now thou dost not fit thyself to become free and whole, thou shalt, when the doors of this fair mother-house of the mind, close behind thee, be driven into ways that lead to bondage, be compelled to do that which cripples and dwarfs; for the work whereby men gain a livelihood involves mental and moral mutilation, unless it be done in the spirit of religion and culture. Ah! well for thee, canst thou learn while yet there is time that it will profit thee nothing to become the possessor of millions, if the price thou payest is thy manhood.
John Lancaster Spalding, Aphorisms and Reflections (1901), pp. 58-59.
Taxation
The power to tax is not the power to destroy while this Court sits.
Oliver Wendell Holmes, Jr., dissenting, Panhandle Oil Company v. Mississippi ex rel. Knox, Attorney General, 277 U.S. 223 (1928).
Taxation
It is true that the theory of our Constitution is, that all taxes are paid voluntarily; that our government is a mutual insurance company, voluntarily entered into by the people with each other; that each man makes a free and purely voluntary contract with all others who are parties to the Constitution, to pay so much money for so much protection, the same as he does with any other insurance company; and that he is just as free not to be protected, and not to pay any tax, as he is to pay a tax, and be protected.
But this theory of our government is wholly different from the practical fact.  The fact is that the government, like a highwayman, says to a man: Your money, or your life.  And many, if not most, taxes are paid under the compulsion of that threat.
The government does not, indeed, waylay a man in a lonely place, spring upon him from the road side, and, holding a pistol to his head, proceed to rifle his pockets.  But the robbery is none the less a robbery on that account; and it is far more dastardly and shameful.
The highwayman takes solely upon himself the responsibility, danger, and crime of his own act.  He does not pretend that he has any rightful claim to your money, or that he intends to use it for your own benefit.  He does not pretend to be anything but a robber.  He has not acquired impudence enough to profess to be merely a "protector," and that he takes men's money against their will, merely to enable him to "protect" those infatuated travellers, who feel perfectly able to protect themselves, or do not appreciate his peculiar system of protection.  He is too sensible a man to make such professions as these.  Furthermore, having taken your money, he leaves you, as you wish him to do.  He does not persist in following you on the road, against your will; assuming to be your rightful "sovereign," on account of the "protection" he affords you.  He does not keep "protecting" you, by commanding you to bow down and serve him; by requiring you to do this, and forbidding you to do that; by robbing you of more money as often as he finds it for his interest or pleasure to do so; and by branding you as a rebel, a traitor, and an enemy to your country, and shooting you down without mercy, if you dispute his authority, or resist his demands.  He is too much of a gentleman to be guilty of such impostures, and insults, and villainies as these.  In short, he does not, in addition to robbing you, attempt to make you either his dupe or his slave.
The proceedings of those robbers and murderers, who call themselves "the government," are directly the opposite of these of the single highwayman.
In the first place, they do not, like him, make themselves individually known; or, consequently, take upon themselves personally the responsibility of their acts.  On the contrary, they secretly (by secret ballot) designate some one of their number to commit the robbery in their behalf, while they keep themselves practically concealed.
Lysander Spooner, No Treason (1867–1870), No. VI: The Constitution of No Authority (1870), pp. 12–13
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