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Project Fellow Weekly - Issue 186
WHAT'S THE LAW
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Encouraging intelligent and entertaining debate at your Shabbat table.
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.
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The IRS
1) IRS accountants; also known as Internal Revenue Agents, have a wide range of duties. These agents are responsible for reviewing tax returns, forms and claims made by individuals and businesses.
IRS accountants review annual consumer tax returns and quarterly returns submitted by business owners. They examine the return to ensure all financial data, credits, deductions and adjustments comply with federal tax guidelines.
IRS accountants will review organizations that are tax-exempt to ensure their financial statements are accurate, complete and that their business complies with all tax-exempt regulations.
During the examination of tax returns and financial statements, an IRS accountant will assess the taxpayer's tax liability or overpayment. If a balance is due, the IRS accountant will generate a notification to inform the taxpayer of his balance and options for paying that balance. If an overpayment is discovered, the IRS accountant will initiate the refund process. IRS accountants amend tax returns with errors and re-calculate tax liability, as well as inform the taxpayer of changes made.
IRS accountants are frequently called to the field to conduct audits for individuals and businesses. They will evaluate the past three years of tax returns, review financial statements, collect receipts and analyze the information to ensure that the right amount of taxes has been paid.
2) An IRS CI Special Agent's job is to follow the money. Note that Criminal Investigation's conviction rate is one of the highest in federal law enforcement! Not only do the courts hand down substantial prison sentences, but those convicted must also pay fines, civil taxes and penalties.
- What should the accountant do if he/she is called to conduct an audit of his/her neighbor in Shul?
- Does the Torah allow a Jew to apply for a job as an IRS accountant?
- Does the Torah allow a Jew apply for a job as an IRS CI Special Agent?
- What about signing up to join a sting operation within your community?
What's the Law?
Please email us with your comments, questions, and answers at weekly@projectfellow.org.
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The Florsheim Heist
34th st. Manhattan 7:00 PM. Facing the door, Regina locks up the Florsheim retail store in which she is employed. As she turns around, a masked pair of armed thugs corner her back to the imposing glass door and demand her to show them to the safe inside.
Quivering, holding on to what might turn out to be her last breath, she enters the store, descends to the basement, climbs back up the ladder and hands over the contents to the masked men who instantly flee the scene.
Need Regina compensate her boss?
What's the Law?
Please email us with your comments, questions, and answers at weekly@projectfellow.org.
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The Answer:
Regina cannot be compelled to compensate her boss.
Detailed Explanation
The Florsheim Heist invokes the following Halachos
One is permitted to save his/her life with the property of his/her friend, but is generally obligated to repay the loss [Choshen Mishpat 388:2].
One may eliminate a person or article which threatens/pursues one's life without having to compensate the loss [Choshen Mishpat 425: 1].
A entrusts B with valuables. Armed thugs accost B. B gives them the valuables to save his/her life.
If the thugs did not know of the entrusted articles, they came to attack B. B saved him/herself with A's property and is obligated to compensate A [Choshen Mishpat 292: 8].
If the thugs came because they knew of the entrusted article, Ra"avad views the trust as though it is directly threatening B's life.
According to Ra"avad, B can dispose of it to save his/her life without having to compensate the owner.
Though other Rishonim* dissent to Ra"avad's comparison, in practice, one could never compel B to compensate for handing over A's property when the thugs were pursuing A's property, as B is entitled to maintain like Ra"avad [Choshen Mishpat 292: 8, Sh"ach].
Application
The criminals were out to get the Florsheim dealer's safe. They threatened Regina's life . Ra'avad views the contents of the safe as though they were pursuing Regina's life. Regina may therefore eliminate them / physically hand them over to the thugs without consequence.
* Rashba views A's property as merely indirectly threatening B's life. Nevertheless as A's worker, B is a legal extension of A's hand. As such B not required to take more care of A's property than A would be required. Just as A may save his life his/her property without repercussion, so may A's employee do so.
* Ramban absolves B only when the thugs could have got hold of the trust even without B's involvement.
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Note:
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
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