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PRESENTING THE DIMENSIONALITY OFAN ETHICS SCALE PERTAINING TO TAX EVASIONInge Nickerson, Barry UniversityLarry Pleshko, Kuwait UniversityRobert W. McGee, Florida International UniversityABSTRACTThe concept of tax evasion is the primary focus of the study. Data is gathered from a surveyof approximately eleven hundred individuals across six countries. An eighteen-item scale ispresented, analyzed, and discussed. Findings suggest that tax evasion has three overall perceptualdimensions across the items tested: (1) fairness, as related to the positive use of the money, (2) taxsystem, as related to the tax rates and negative use of the money, and (3) discrimination, as relatedto avoidance under certain conditions.INTRODUCTIONMany articles have been written about tax evasion. Most of them have appeared in theaccounting, economics and public finance literature. The usual thrust of these articles is to discusstechnical aspects of tax evasion. Practitioner journals address legal aspects and evasion techniques(Oliva, 1998). Scholarly journals focus on lost tax revenues or reasons why collections are not moreefficient. Ethics is seldom discussed, or when it is discussed, it is usually done superficially.Oftentimes the discussion begins with the premise that what is illegal is also unethical.The present paper is different. This paper begins with an overview of the ethical literaturethat has been published on tax evasion and proceeds to present the results of an empirical study thatsolicited views on the ethics of tax evasion from participants in six countries. This study had severalgoals. One goal was to rank the main arguments that have been used to justify tax evasion on ethicalgrounds over the last 500 years. Another goal was to determine which categories of arguments drewthe most support from a wide range of cultures.BACKGROUND ON TAX EVASIONPeople have been evading taxes ever since governments started collecting them (Adams,1993). Sometimes they evaded because it was possible to do so with little thought to the ethics ofthe situation. Other times people evaded and attempted to justify their evasion on moral grounds.2Journal of Legal, Ethical and Regulatory Issues, Volume 12, Number 1, 2009In a 1944 doctoral dissertation Martin Crowe summarized 500 years of theological and philosophicalliterature on ethical reasons for evading taxes and found that several arguments kept appearing inthe literature. Some of the most frequently given reasons for justifying tax evasion on moral groundswere inability to pay, government corruption, high tax rates or not getting much in return for taxpayments. The Crowe (1944) study more or less limited itself to a study of the Catholic literaturein the field, some of which was in the Latin language. Crowe’s thesis introduced the Englishspeaking public to some of the Latin language literature on this point.More recently a number of authors have addressed ethical aspects of tax evasion from anumber of religious and secular perspectives. Inglehart et al. (2004) surveyed 200,000 people inmore than 80 countries on a variety of issues, one of which was tax evasion. Torgler (2003) did adoctoral thesis on tax compliance that included a discussion of tax evasion ethics. McGee (2006)divided the arguments regarding tax evasion into three categories based on the Crowe study. Hefound that over the centuries various scholars have categorized tax evasion as never ethical,sometimes ethical depending on the facts and circumstances or always ethical.Not much literature exists on the view that tax evasion is always ethical. The anarchistliterature, as typified by Spooner (1870) in particular, takes the position that thee is never any moralduty to obey any law because all governments are illegitimate. Presumably that would includepaying taxes. Block (1989; 1993) took a less dogmatic position. His studies searched for adequatejustifications of taxation in the public finance literature but found that whatever justifications thatwere given were inadequate for some reason.At the other end of the spectrum are studies that concluded tax evasion to always or nearlyalways be unethical. The usual reasons given were that there is a duty to God, to the state or to othertaxpayers. Some of the Christian and Jewish literature takes this position, although several differentjustifications are given by different scholars.Cohn (1998) examined the Jewish literature and concluded that tax evasion was alwaysunethical. One reason for this conclusion was because there is a strain of thought within the Jewishliterature that there is a duty not to disparage another Jew. If one Jew commits tax evasion it makesall other Jews look bad. Tamari (1998) reached a similar conclusion, although he was more flexiblein cases where the king was corrupt.A survey of the Mormon (Smith & Kimball, 1998) literature found no exceptions to thegeneral rule that tax evasion is unethical. The Baha’i literature more or less agrees with the Mormonliterature on this point, with one possible exception. Tax evasion might be acceptable in cases wherethe government oppresses members of the Baha’i faith. Which raises the question of whether taxevasion might be justified where the government engages in human rights abuses. Crowe (1944) didnot address this issue in his dissertation, so the authors added three human rights arguments in thesurvey they used as part of the current study.One of those questions was whether it would be ethical for a Jew living in Nazi Germany toevade taxes. It was thought that this argument would constitute strong justification for evading taxes,3Journal of Legal, Ethical and Regulatory Issues, Volume 12, Number 1, 2009but such was not always the case, as shall be seen later. A prior study involving Orthodox Jews(McGee & Cohn, 2007) found that even Jews feel there is some duty to pay taxes to Hitler, notbecause there is a duty to the state or to God but because there is a duty not to disparage anotherJew.The majority of literature that examines tax evasion from an ethical perspective concludesthat tax evasion may be justified in certain situations, although the reasons differ. The Catholicliterature (Crowe, 1944; Gronbacher, 1998; McGee, 1994, 1998a & c; 1999a; Schansberg, 1998)gives several reasons, including ability to pay and government corruption. Tax evasion has also beenviewed as justifiable when taxpayers are forced to pay for a war that is perceived to be unjust(Pennock, 1998). The Islamic literature seems to indicate that tax evasion might be ethical if theeffect of the tax is to raise prices or if the tax is on income (McGee, 1997, 1998b). Thus, incometaxes, sales taxes, value added taxes and tariffs could be seen as taxes that need not be paid on moralgrounds. However, private conversations with an Islamic scholar dispute this conclusion. At leastsome Muslim scholars take the position that tax evasion is always unethical. Muslims from bothperspectives cite the Quran to justify their positions.Leiker (1998) examined the philosophy of Rousseau and concluded that tax evasion can bejustified. Several studies of tax evasion in various countries also concluded that tax evasion can beethically justifiable. The usual reason given is government corruption. That was the case for studies
of Greece (Ballas & Tsoukas, 1998), Bulgaria (Smatrakalev, 1998) and Russia (Vaguine, 1998). In
a study of Mexican migrant farm workers, Morales (1998) concluded that their duty to feed their
families took precedence over the duty to pay taxes. A study of Armenia (McGee, 1999b) found that
Armenians have no qualms about evading taxes because of the perception that the government is
corrupt and because they do not get anything in return for their taxes.
Surveys of groups in Argentina (McGee & Rossi, 2006), Guatemala (McGee & Lingle,
2005), Poland (McGee & Bernal, 2006), Romania (McGee, 2005) and the United Kingdom (McGee
& Sevic, 2008) found that there is widespread support for the position that tax evasion can be
justified on ethical grounds in certain circumstances. In some cases the results varied by gender and
in other cases they did not. Those studies will be discussed in more detail below.
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