For a change, some gambling chit-chat.

Since you and chilcoot know nothing about the details of CowboyKell's actual situation maybe you should be a little careful about accusing him of things like 'tax cheating' and 'fraud'. There are a plenty of laws that consider more than where you normally park your butt to determine your legal residency for tax and voting purposes. Things like property ownership, source of income, ties to the community and intention to return can and do come into play.

DonDiego supposes that Mr. Capone did know he had broken the law.

In 1931 Mr. Capone was indicted for income tax evasion and various violations of the Volstead Act (Prohibition) at the Chicago Federal Building. His attorneys made a plea deal, but the presiding judge, James Herbert Wilkerson, warned he might not follow the sentencing recommendation from the prosecution. Mr. Capone withdrew his plea of guilty.
[n.b. DonDiego knows a plea deal admitting guilt does not necessarily mean Mr. Capone knew he was guilty; but DonDiego supposes he did.]

Where in the he!! did this come from? He mentions taxes and you go into his domicile?

Of course Capone knew he was breaking the law. His degree of certainty that he hadn't was infinitesimally small.

CowboyKell's certainty is similar. He knows he's broken the law; he's been pretending to be a Tennessee resident for years to avoid the higher taxes in the state he actually lives in, California. And he's brazen enough to admit it here, above.

Tax cheats like these just bank on the likelihood that he won't be caught. And they're usually right.

When all is said and done, our government financing system relies on honesty and duty to each other, but sadly not all have the moral decency to shoulder their share of the burden.

Well I was watching a tv show the other day where they discovered evidence at a house and then it was thrown out by the judge because his "legal" residence was in a difference state and the search warrant stated his legal residence.

Do the tv show writers know more about the tax laws than CPAs?

BTW, I thought this was a gambling thread.

"BTW, I thought this was a gambling thread. "

forky and chilly showed up

Ahhh, never mind, I see where the whole domicile thing came from. The kid who took names when the teacher was gone chimed in and I couldn't see it. Should've known.

I can only imagine that Cheating on taxes owed on gambling wins is far more common than residency issues. I do not believe I have ever won enough to have to pay taxes on gambling wins.

And my legal residence IS Tennessee. The continuing IRS scrutiny I am under would have caught me long ago if I were breaking the law. I go to great lengths to make sure that I LEGALY keep as much of my earned income as I can. I can only suggest that every citizen do the same. However, if you like to willingly donate your hard earned income (above and beyond your legal obligation) to your State and Federal government, go ahead. I personally know of much better institutions to donate to.

It isn't the IRS you are cheating, it's California law that you are violating:

§ 17016. Every individual who spends in the aggregate more than nine
months of the taxable year within this State shall be presumed to be
a resident. The presumption may be overcome by satisfactory evidence
that the individual is in the State for a temporary or transitory purpose.

But you "haven't been there [Tennessee]" in three years. There goes temporary or transitory, huh?

Couple points:

CowboyKell himself was the one who brought his tax "cheating" up in this discussion. Since most readers probably didn't recognize he was alluding to that old discussion, I reminded them of what he was talking about.

I don't have a beef with CowboyKell if he's abiding by the law. That's all we can ask.

Just seems to me that a guy who's been living in California for years and hasn't been in Tennessee for three years shouldn't be able to avoid California taxes by claiming Tennessee residency. Legal or not (and I admit what he's doing may be legal, I doubt it but who knows), what he's described is wrong, and shows how the tax laws are really just for the little people who can't hire lobbyists to carve out bizarre exceptions for their wealthy masters.