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 Project Fellow Weekly -  Issue 187

WHAT'S THE LAW  

  

 

 

 

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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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                               Leiluy Nishmat Rav Ovadia ben Rabi Yaakov

 

 

 

Steak Dinner

 

A feisty and motivated entrepreneur, Asher Berger set out on to his next business venture but needed to secure a loan of 25,000 for startup money.

 

Interested in honing a relationship with Ben Green, a distant relative of means, to hopefully increase his stake in securing an interest free loan, he invited Ben to an all you can eat steak dinner at a five star kosher steak house in midtown Manhattan.

 

By the time the desert wine was brought to the table, the loan was secured. Three years later, Asher's venture began to show signs of success. Filled with appreciation, Asher took Ben out for stake again after he finished paying back the loan.

 

  • Is Asher Berger guilty of usury by improving his stake in securing a loan from Ben by taking Ben out for steak?
  • May he take him out after the debt is paid?

 

 

 

What's the Law?

Please email us with your comments, questions, and answers at weekly@projectfellow.org.

 

 

 

 

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 Criminal Investigator Special Agent?
  • What about a IRS CI 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.

 

 

 

The Answer:

Unless the accountant is able to get out of the case without causing a Chillul Hashem, he could/should do the audit. He may apply for a job as an IRS accountant. He may not apply for an IRS Criminal Investigator if there is reason to assume that he would have to report a brother. As a IRS CI; he may not join a sting operation against community members.

 

 

 Detailed Explanation

 

The IRS invokes the following Halachos.

1. Torah law requires generally two witnesses to compel a defendant to pay. One generally may not testify as a single witness in a secular court against his brother unless a Chillul Hashem will result from failing to testify [Choshen Mishpat 28:3] .

2. It is forbidden to act as an informant on your brother. One who does so loses his portion in the World to Come. To protect society, it is a mitzvah to eliminate an established informant who threatens the public or one who is presently threatening to inform .

3. However, one may direct a pursuer to his/her brother's money in order to save him/herself from physical danger.

4. Nevertheless, one who physically hands over his/her brother's money when forced to do so must reimburse the owner. If the pursuer is able to access the money without assistance, then one who hands it over is absolved from compensating the owner, as the act of "handing over" does not constitute an act of damage [Choshen Mishpat 388: 3, 4, 10, 11, 12, 15].

Application

An IRS accountant, or Internal Revenue Agent, has a wide range of duties. Reporting tax fraud is only a small part of the job. The chance of encountering a situation of having to incriminate a brother is minimal. As such, while applying for such a job is not a pious venue [Rav Shmuel Wosner] it is not forbidden [Rav Moshe Feinstein, Rav Shmuel Wosner].

Once on the job, if discovered, failure to properly report one's findings about his/her brother could cause a Chillul Hashem. The agent is compelled to be truthful [Igros Moshe Choshen Mishpat 1: 92, Shu"t Shevet Halevi 2:98].

The IRS generally has the ability to find out with or without the particular agent's work. As such, the agent would not be required to reimburse his brother, should the agent have to require his/her brother to pay more money.

However, an IRS Criminal Investigation agent's job is to search for evidence of criminal conduct. It would follow that were there reason to believe that the job would entail incriminating a brother, it would be forbidden to apply for such a job as well as to join a sting operation against community members. If one was compelled to take the job, then he would be permitted to carry out his duties if the community members halachically owed the government money because of dina demalchuta dina [Shu"t Shevet Halevi 2:98, see Be'er Hagolah C.M. 388 in Europe common practice was that the community board was appointed by the ruling government to ensure accurate taxation compliance. The minhag was to enforce the tax laws of the governing government].


 

 

 

 

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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