Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

ketchup, also a vegetable

Adbot
ADBOT LOVES YOU

The Slack Lagoon
Jun 17, 2008



Pizza is a vegetable

Leperflesh
May 17, 2007

Enchanted Hat posted:

The Supreme Court once had to look at a similar case where there was a tariff in place on vegetables, but not fruit, and they decided that a tomato was legally a vegetable because it is commonly considered to be one, even though scientifically speaking it is a fruit:

https://en.wikipedia.org/wiki/Nix_v._Hedden

One of those (depressingly common) cases where the law has to make a determination because the legislative and/or executive did something essentially absurd and stupid. In this case, slapping import tariffs on vegetables but not fruits, and failing to be explicit in the law as to what exactly those terms covered.

I wish there was a mechanism under judicial review to send legislation back to its originator with a "fix this, you idiots" requirement.

Fitzy Fitz
May 14, 2005




Leperflesh posted:

Does tree law contemplate the taxonomic ambiguity of the word "tree"? E.g, there are plants that are colloquially called "trees" but which are taxonomically not considered trees, and vice-versa.

Palms, for example?

Somehow I doubt tree law considers taxonomy but I expect it often distinguishes between shrubs and trees.

Enchanted Hat
Aug 18, 2013

Defeated in Diplomacy under suspicious circumstances

Leperflesh posted:

One of those (depressingly common) cases where the law has to make a determination because the legislative and/or executive did something essentially absurd and stupid. In this case, slapping import tariffs on vegetables but not fruits, and failing to be explicit in the law as to what exactly those terms covered.

I wish there was a mechanism under judicial review to send legislation back to its originator with a "fix this, you idiots" requirement.

Man, that's nothing:

https://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/4514338/MandS-wins-13-year-dispute-with-tax-man-over-tea-cakes.html

quote:

After an estimated £2 million in legal fees, £3.5 million in damages, eight trips to court, and a referral to the European court of Justice, the retailer won the final stage of its tortuous dispute against HM Revenue & Customs in the House of Lords on Wednesday.

The row between the retailer and the taxman originally centred on whether the marshmallow tea cake was a cake - as M&S contended - or a chocolate-covered biscuit.

Lead out in cuffs
Sep 18, 2012

"That's right. We've evolved."

"I can see that. Cool mutations."




Leperflesh posted:

One of those (depressingly common) cases where the law has to make a determination because the legislative and/or executive did something essentially absurd and stupid. In this case, slapping import tariffs on vegetables but not fruits, and failing to be explicit in the law as to what exactly those terms covered.

I wish there was a mechanism under judicial review to send legislation back to its originator with a "fix this, you idiots" requirement.

I mean, there kinda is, but my understanding is that it's reserved for "this law is in violation of a higher law; fix this, you idiots".

But yeah, it would kinda be nice. Especially for poo poo like the tax law where the final document as passed was covered in barely legible scribbles because they were running out of time to abuse the loophole they needed to push it through.

Hoodwinker
Nov 7, 2005

The pedant in me sheds a tear in pride.

MomJeans420
Mar 19, 2007



Leperflesh posted:

Does tree law contemplate the taxonomic ambiguity of the word "tree"? E.g, there are plants that are colloquially called "trees" but which are taxonomically not considered trees, and vice-versa.

Because I'm bored out of my mind at work I just looked this up:

California - just says timber, trees, or underwood
Alabama - limited to any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory, or wild cherry tree, or sapling of that kind
Maine - any forest product, ornamental or fruit tree, agricultural product, stones, gravel, ore, goods or property of any kind from land not that person's own

That's all I checked but it looks to be all over the place. We're going to need a tree law cheat sheet for each state.

canyoneer
Sep 13, 2005


I only have canyoneyes for you

Hoodwinker posted:

The pedant in me sheds a tear in pride.

https://www.npr.org/sections/thetwo-way/2018/02/08/584391391/maine-dairy-drivers-settle-overtime-case-that-hinged-on-an-absent-comma

How about a $5M comma?

totalnewbie
Nov 13, 2005

I was born and raised in China, lived in Japan, and now hold a US passport.

I am wrong in every way, all the damn time.

Ask me about my tattoos.

The law now states:

quote:

The canning; processing; preserving; freezing; drying; marketing; storing; packing for shipment; or distributing of:

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.

I'm guessing the Maine legislature is salty.

Cassius Belli
May 22, 2010

horny is prohibited

Jaffa cakes have spawned several of these.

Apparently Ireland has a specific moisture content that distinguishes between a "cake" and a "biscuit".

Leperflesh
May 17, 2007

Lead out in cuffs posted:

I mean, there kinda is, but my understanding is that it's reserved for "this law is in violation of a higher law; fix this, you idiots".

But yeah, it would kinda be nice. Especially for poo poo like the tax law where the final document as passed was covered in barely legible scribbles because they were running out of time to abuse the loophole they needed to push it through.

Courts can strike down whole laws, which is sort of telling a legislature to go back and fix it; or they can declare a specific clause or portion of a law to be unconstitutional, etc. What I don't think they can do, is compel the legislature (or other body in the case of statutory law) to fix what they broke; the legislature can just accept that all or part of the law has been invalidated if they want to.

So for example, the court can rule that the tomato should count as a vegetable for the purposes of taxation; or they could say it doesn't count; or they could (with reason) strike down the taxation of vegetables. What they can't do is order the government (it's a tariff so it could be the president or the legislature I guess) to make a specific determination about whether they intended to tax tomatoes or not, with a deadline.

I realize it could become really messy if every court in every jurisdiction started providing this kind of instruction back to the other branches all over the place; but it'd be nice if the people who write lovely unclear or bad laws were compelled to clean up their messes rather than having the option to just ignore them and let the courts sort it out.

Moneyball
Jul 11, 2005

It's a problem you think we need to explain ourselves.

totalnewbie posted:

The law now states:


I'm guessing the Maine legislature is salty.

Is this a canned food pun?

Liquid Communism
Mar 9, 2004


Out here, everything hurts.




Hoodwinker posted:

But what of maritime tree law?

The Old Man of the Lake is nothing to laugh at.

Liquid Communism fucked around with this message at 08:25 on Mar 7, 2019

Haifisch
Nov 13, 2010

Objection! I object! That was... objectionable!



Taco Defender

Leperflesh posted:

One of those (depressingly common) cases where the law has to make a determination because the legislative and/or executive did something essentially absurd and stupid. In this case, slapping import tariffs on vegetables but not fruits, and failing to be explicit in the law as to what exactly those terms covered.

I wish there was a mechanism under judicial review to send legislation back to its originator with a "fix this, you idiots" requirement.
Especially since 'vegetable' is meaningless in a technical sense. 'Fruit' has a scientific meaning, but there's a lot of things that are botanically considered fruit but culinarily considered vegetables. Zucchini, cucumbers, eggplants, bell peppers, and pumpkins all come to mind.

Per
Feb 22, 2006
Hair Elf
Yeah, vegetables can mean all kinds of things, like roots (eg. carrots), stems (eg. celery), leaves (lettuce), and fruits as above.

Fitzy Fitz
May 14, 2005




Don't even get me started on the definition of 'berry'

e: a strawberry is an engorged receptacle. the "seeds" are the actual fruits.

BonerGhost
Mar 9, 2007

Fitzy Fitz posted:

engorged receptacle

drat dude NSFW that

Dr. Eldarion
Mar 21, 2001

Deal Dispatcher

Fitzy Fitz posted:

Don't even get me started on the definition of 'berry'

Fitzy Fitz
May 14, 2005




quote:

Carrot – defined to be a fruit in European Union law, for the purpose of jam classification; Annex III(A)(1), Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption

wtf europe

Gigi Galli
Sep 19, 2003

and then the car turned in to fire
If you've never had chestnut purée you're missing out. It's delicious.

crazypeltast52
May 5, 2010



What kinds of crazy incentives/tax policies require the definition of jam?

TraderStav
May 19, 2006

It feels like I was standing my entire life and I just sat down

crazypeltast52 posted:

What kinds of crazy incentives/tax policies require the definition of jam?

Generally those that get spread across a wide base of taxpayers.

Gigi Galli
Sep 19, 2003

and then the car turned in to fire

crazypeltast52 posted:

What kinds of crazy incentives/tax policies require the definition of jam?

In some countries specific food products are specially designated as being from a particular place or developed by a particular method and thus have tax and other legal ramifications regarding naming them and/or producing them. If some special type of jam is designated in that way then you have to legally define what a jam is.

totalnewbie
Nov 13, 2005

I was born and raised in China, lived in Japan, and now hold a US passport.

I am wrong in every way, all the damn time.

Ask me about my tattoos.
Or even just for the purpose of tariffs, the aforementioned "is cake an essential food or luxury item", etc.

All sorts of things might require definition, right, like what's is a "pie"? Okay, "shepherd's pie" and "meat pie" is just normal food and should not be subject to VAT, but "cherry pie" or "apple pie" is a luxury and should be subject to VAT.
Just a made up example but legal ambiguity is often not great (see the case of the missing comma above).

Leperflesh
May 17, 2007

But all of these things are exposing that product-selective tariffs are loving stupid. If you wanna punish a country just slap a tariff on everythign from that country and be done with it. If you wanna protect your domestic industry then tariff every thing imported. If you need to protect one specific domestic product like your corn crop or whatever, then you can slap a tariff on corn, and be specific about what exactly counts as "corn."

Also, enjoy your economic stagnation, idiot, because tariffs are an obsolete concept that never really work. But that's beside the point.

ChickenOfTomorrow
Nov 11, 2012

god damn it, you've got to be kind

ChickenOfTomorrow fucked around with this message at 03:04 on Apr 18, 2021

BEHOLD: MY CAPE
Jan 11, 2004

Leperflesh posted:

But all of these things are exposing that product-selective tariffs are loving stupid. If you wanna punish a country just slap a tariff on everythign from that country and be done with it. If you wanna protect your domestic industry then tariff every thing imported. If you need to protect one specific domestic product like your corn crop or whatever, then you can slap a tariff on corn, and be specific about what exactly counts as "corn."

Also, enjoy your economic stagnation, idiot, because tariffs are an obsolete concept that never really work. But that's beside the point.

Yeah this is generally the real problem, pet laws regarding various special interest industries and products, not the legislature's ability to scrupulously define the subject in question

EAT FASTER!!!!!!
Sep 21, 2002

Legendary.


:hampants::hampants::hampants:

Leperflesh posted:


Also, enjoy your economic stagnation, idiot, because tariffs are an obsolete concept that never really work.


Tell it to Peter Navarro and the Chinese.

It's just like Big Daddy told us, trade wars are good and easy to win.

/s

Cacafuego
Jul 22, 2007

TraderStav posted:

Generally those that get spread across a wide base of taxpayers.

:hmmyes:

GoGoGadgetChris
Mar 18, 2010

i powder a
granite monument
in a soundless flash

showering the grass
with molten drops of
its gold inlay

sending smoking
chips of stone
skipping into the fog

crazypeltast52 posted:

What kinds of crazy incentives/tax policies require the definition of jam?

The ones that preserve capital

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

GoGoGadgetChris posted:

The ones that preserve capital

You socialists are just jelly.

GoGoGadgetChris
Mar 18, 2010

i powder a
granite monument
in a soundless flash

showering the grass
with molten drops of
its gold inlay

sending smoking
chips of stone
skipping into the fog
Would a "socialist" be holding Invesco Dynamic Food & Beverage ETF????

Leperflesh
May 17, 2007

marx never imagined that the method the workers would use to seize the means of production would be a robinhood app

Vox Nihili
May 28, 2008

crazypeltast52 posted:

What kinds of crazy incentives/tax policies require the definition of jam?

You would be amazed at the incredible depth and granularity of categorization in taxation, be it tariffs, sales taxes, etc.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

GoGoGadgetChris posted:

Would a "socialist" be holding Invesco Dynamic Food & Beverage ETF????

Maybe if he got smuckered into the deal.

GoGoGadgetChris
Mar 18, 2010

i powder a
granite monument
in a soundless flash

showering the grass
with molten drops of
its gold inlay

sending smoking
chips of stone
skipping into the fog
This is why you pay attention to the spread on turnover

Moneyball
Jul 11, 2005

It's a problem you think we need to explain ourselves.

therobit posted:

Maybe if he got smuckered into the deal.

When he gets in to a jam, he doesn't turn to jelly.

tumblr hype man
Jul 29, 2008

nice meltdown
Slippery Tilde

Vox Nihili posted:

You would be amazed at the incredible depth and granularity of categorization in taxation, be it tariffs, sales taxes, etc.

Yea its wild, in some states condoms are exempted from sales taxes cause they count as drugs, while tampons are not exempted from sales taxes.

Adbot
ADBOT LOVES YOU

Krispy Wafer
Jul 26, 2002

I shouted out "Free the exposed 67"
But they stood on my hair and told me I was fat

Grimey Drawer
When dealing with complex jelly taxes, you have to preserve your investment.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply