Hostname: page-component-7479d7b7d-qlrfm Total loading time: 0 Render date: 2024-07-12T17:38:32.009Z Has data issue: false hasContentIssue false

Self-Presentation and Legal Socialization in Society: Available Messages about Personal Tax Audits

Published online by Cambridge University Press:  02 April 2024

Abstract

Research has shown that direct experience of legal authorities' unfairness or rudeness lowers unfairly treated individuals' support for legal authorities in general and fosters noncompliance with laws. Many people, however, get information about legal authorities and institutions indirectly through conversations with others. To highlight the possible ripple effects of specific enforcement contacts on the general population's support for authorities, we compare what taxpayers said happened in their tax audit interviews with what they tell other members of their social network. Because people are most concerned about others' image of them, this motivation for communication often weakens a bias toward negative messages. Our findings demonstrate that messages about fairness of decisionmaking, favorability of outcomes, and dignity more closely approximate the distribution of the sample of audited taxpayers' perceptions. We found support, however, for a bias toward negative messages in two situations: messages about instrumental quality and in the rare circumstance when taxpayers received undignified treatment and favorable outcomes. In this circumstance, the message does not have connotations for one's own image. We discuss the implications for legal socialization and the reservoir of societal support for legal authorities and institutions.

Type
Sharing Legal Knowledge: Taxpayers' Tales
Copyright
Copyright © 1997 by The Law and Society Association.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

The order of authorship indicates level of contribution: the first author proposed the hypotheses, analyzed the data, and wrote the paper, and the second author helped refine and clarify all aspects of the analysis and writing. We thank three anonymous reviewers for helpful and insightful comments on an earlier drafts, which improved our work. We thank Bob Mason and Kent Smith for their invaluable contribution to the interview schedule. We thank Mark Johnson who reliably coded the open-ended data on what taxpayers told other taxpayers about their audit experience.

The first author presented an earlier version of this paper at the Internal Revenue Service Research Conference, November 1992. The American Bar Foundation provided financial support to collect these data. The writing was funded in part by a grant from the Fund for Research on Dispute Resolution.

References

Akers, Ronald L. (1985) Deviant Behavior: A Social Learning Approach. 3d ed. Belmont, CA: Wadsworth Publishing Co.Google Scholar
Bies, Robert J., & Moag, Joseph S. (1986) “Interactional Justice: Communications Criteria of Fairness,” in Lewicki, R. J., Sheppard, B. H., & Bazerman, M. H., eds., 1 Research on Negotiation in Organizations. Greenwich, CT: JAI Press.Google Scholar
Brockner, Joel, DeWitt, Rockie Lee & Grover, Steven (1990) “When It Is Especially Important to Explain Why: Factors Affecting the Relationship between Managers' Explanations of a Layoff and Survivors' Reactions to the Layoff,” 26 J. of Experimental Social Psychology 389.Google Scholar
Campbell, Donald T., & Fiske, Donald W. (1959) “Convergent and Discriminant Validation by the Multitrait-Multimethod Matrix,” 56 Psychological Bulletin 81.Google Scholar
Cohn, Ellen S. & White, Susan O. (1990) Legal Socialization: A Study of Norms and Rules. New York: Springer-Verlag.CrossRefGoogle Scholar
Crosby, Faye (1982) Relative Deprivation and Working Women. New York: Oxford Univ. Press.Google Scholar
Easton, David (1965) A Systems Analysis of Political Life. New York: Wiley.Google Scholar
Ekland-Olson, Sheldon, Lieb, John, & Zurcher, Louis (1984) “The Paradoxical Impact of Criminal Sanctions: Some Microstructural Findings,” 18 Law & Society Rev. 159.Google Scholar
Fiske, Susan T., & Taylor, Shelley E. (1991) Social Cognition. 2d ed. New York: McGraw-Hill.Google Scholar
Geerken, M., & Gove, Walter R. (1975) “Deterrence: Some Theoretical Considerations,” 9 Law & Society Rev. 497.Google Scholar
Goffman, Erving (1959) The Presentation of Self in Everyday Life. Garden City, NY: Doubleday Anchor Books.Google Scholar
Goffman, Erving (1967) Interaction Ritual. Chicago: Aldine.Google Scholar
Grasmick, Harold G., & Bursik, Robert J. Jr. (1990) “Conscience, Significant Others, and Rational Choice: Extending the Deterrence Model,” 24 Law & Society Rev. 837.Google Scholar
Grasmick, Harold G., & Scott, Wilbur J. (1982) “Tax Evasion and Mechanisms of Social Control: A Comparison with Grand and Petty Theft,” 2 J. of Economic Psychology 213.Google Scholar
Grice, H. Paul (1975) “Logic and Conversation,” in Cole, P. & Morgan, J. L., eds., Syntax and Semantics 3: Speech Acts. New York: Academic Press.Google Scholar
Harrington, Christine B., & Merry, Sally Engle (1988) “Ideological Production: The Making of Community Mediation,” 22 Law & Society Rev. 709.Google Scholar
Higgins, E. Tory (1981) “The ‘Communication Game’: Implications for Social Cognition and Persuasion,” in Higgins, E. T., Herman, G. P., & Zanna, M. P., eds., 1 Social Cognition: The Ontario Symposium. Hillsdale, NJ: Lawrence Erlbaum Associates.Google Scholar
Higgins, E. Tory, Fondacaro, Rocco, & McCann, C. Douglas (1981) “Rules and Roles: The ‘Communication Game’ and Speaker-Listener Processes,” in Dickson, W. P., ed., Children's Oral Communication Skills. New York: Academic Press.Google Scholar
Hobbs, Jerry R., & Evans, David Andreoff (1980) “Conversation as Planned Behavior,” 4 Cognitive Science 349.Google Scholar
Kagan, Robert A. (1984) “On Regulatory Inspectorates and Police,” in Hawkins, K. & Thomas, J. M., eds., Enforcing Regulation. Boston: Kluwer-Nijhoff Publishing.Google Scholar
Kendall, Maurice, & Gibbons, Jean D. (1990) Rank Correlation Methods. New York: Oxford Univ. Press.Google Scholar
Kinsey, Karyl A. (1986) “Theories and Models of Tax Cheating,” 18 Criminal Justice Abstracts 403.Google Scholar
Kinsey, Karyl A. (1992) “Deterrence and Alienation Effects of IRS Enforcement: An Analysis of Survey Data,” in Slemrod 1992.Google Scholar
Kinsey, Karyl A., & Grasmick, Harold G. (1993) “Did the Tax Reform Act of 1986 Improve Compliance: Three Studies of Pre- and Post-TRA Compliance Attitudes,” 15 Law & Policy 293.Google Scholar
Kraut, Robert E., & Higgins, E. Tory (1984) “Communication and Social Cognition,” in Wyer, R. S. Jr., & Srull, T. K., eds., 3 Handbook of Social Cognition 87128. Hillsdale, NJ: Lawrence Erlbaum Associates.Google Scholar
Levi, Margaret (1988) Of Rule and Revenue. Berkeley: Univ. of California Press.Google Scholar
Levine, Felice J., & Tapp, June Louin (1977) “The Dialectic of Legal Socialization in Community and School,” in Tapp, J. L. & Levine, F. J., eds., Law, Justice, and the Individual in Society: Psychological and Legal Issues. New York: Holt, Rinehart & Winston.Google Scholar
Lind, E. Allan, MacCoun, Robert J., Ebener, Patricia A., Felstiner, William L. F., Hensler, Deborah R., Resnik, Judith, & Tyler, Tom R. (1990) “In the Eye of the Beholder: Tort Litigants' Evaluations of Their Experiences in the Civil Justice System,” 24 Law & Society Rev. 953.Google Scholar
Lind, E. Allan, Kulik, Carol T., Ambrose, Maureen, & de Vera Park, Maria V. (1993) “Individual and Corporate Dispute Resolution: Using Procedural Fairness as a Decision Heuristic,” 38 Administrative Science Q. 224.Google Scholar
Lind, E. Allan, & Tyler, Tom R. (1988) The Social Psychology of Procedural Justice. New York: Plenum Press.CrossRefGoogle Scholar
Lipset, Seymour Martin, & Schneider, William (1983) The Confidence Gap: Business, Labor and Government in the Public Mind. New York: Free Press.Google Scholar
Mason, Robert (1987) “A Communication Model of Taxpayer Honesty,” 9 Law & Policy 246.Google Scholar
Minor, W. William (1978) “Deterrence Research: Problems of Theory and Method,” in Cramer, J. A., ed., 10 Preventing Crime. Beverly Hills, CA: Sage Publications.Google Scholar
Pyszczynski, Thomas A., & Greenberg, Jeff (1981) “Role of Disconfirmed Expectancies in the Instigation of Attributional Processing,” 40 J. of Personality & Social Psychology 31.Google Scholar
Sarat, Austin, & Felstiner, William L. F. (1988) “Law and Social Relations: Vocabularies of Motive in Lawyer/Client Interaction,” 22 Law & Society Rev. 737.Google Scholar
Slemrod, Joel, ed. (1992) Why People Pay Taxes. Ann Arbor: Univ. of Michigan Press.Google Scholar
Stalans, Loretta J. (1992a) “Citizens' Procedural Expectations for an Upcoming Tax Audit: Their Nature and Formation,” 2 Social Justice Research 93.Google Scholar
Stalans, Loretta J. (1992b) “The Group Value Model and Politeness Effects: The Implication for Social Status Depends on the Context.” Presented at Southeastern Psychological Association annual meeting, Knoxville, TN (26 March).Google Scholar
Stalans, Loretta J. (1992c) “Conversations about Legal Authorities' Fairness and Politeness: Selective Attention to Stories about Unfair and Rude Treatment.” On file with the author.Google Scholar
Stalans, Loretta J. (1993) “Citizens' Crime Stereotypes, Biased Recall, and Punishment Preferences in Abstract Cases: The Educative Role of Interpersonal Sources,” 17 Law & Human Behavior 451.Google Scholar
Stalans, Loretta J. (1994a) “Formation of Procedural Beliefs about Legal Arenas: Do People Generalize from Loosely Related Past Legal Experiences?” 1 Psychology, Crime & Law 1.CrossRefGoogle Scholar
Stalans, Loretta J. (1994b) “Lay Evaluations of Encounters with Government Officials: Do Expectations Serve as Filters and Standards?” in Heath, L. et al., eds., Application of Heuristics and Biases to Social Issues New York: Plenum Press.Google Scholar
Stalans, LorettaJ., Kinsey, Karyl A., & Smith, Kent W. (1991) “Listening to Different Voices: Formation of Sanction Beliefs and Taxpaying Norms,” 21 J. of Applied Social Psychology 119.Google Scholar
Stalans, Loretta J., & Smith, Kent W. (1992) “Procedural Criteria in Taxpayers' Evaluations of Their Audit Process: Differences across Persons and Situations.” ABF Working Paper #9205. Chicago: American Bar Foundation.Google Scholar
Smith, Kent W. (1993) “How Taxpayers' Anticipations Affect Their Evaluations of the Tax Audit Process: Cognitive and Interpersonal Processes.” Presented at Law & Society annual meeting, Chicago (27 May).Google Scholar
Stalans, Loretta J., Smith, Kent W., & Kinsey, Karyl A. (1989) “When Do We Think about Detection? Structural Opportunity and Taxpaying Behavior,” 14 Law & Social Inquiry 481.Google Scholar
Steenbergen, Marco R., McGraw, Kathlene M., & Scholz, John T. (1992) “Taxpayer Adaptation to the 1986 Tax Reform Act: Do New Tax Laws Affect the Way Taxpayers Think about Taxes?” in Slemrod 1992.Google Scholar
Stryker, Sheldon, & Statham, Anne (1985) “Symbolic Interaction and Role Theory,” in Lindzey, G. & Arsonson, E., eds., 1 Handbook of Social Psychology. 3d ed. New York: Random House.Google Scholar
Tittle, Charles R. (1980) Sanctions and Social Deviance: The Question of Deterrence. New York: Praeger.Google Scholar
Tversky, Amos, & Kahneman, Daniel (1974) “Judgment under Uncertainty: Heuristics and Biases,” 185 Science 1124.Google Scholar
Tyler, Tom R. (1988) “What Is Procedural Justice? Criteria Used by Citizens to Assess the Fairness of Legal Procedures,” 22 Law & Society Rev. 301.Google Scholar
Tyler, Tom R. (1990) Why People Obey the Law. New Haven, CT: Yale Univ. Press.Google Scholar
Tyler, Tom R., & Lind, E. Allan (1992) “A Relational Model of Authority in Groups,” in Zanna, M. P., ed., 25 Advances in Experimental Social Psychology. San Diego: Academic Press.Google Scholar
Weber, Max (1947) The Theory of Social and Economic Organization, trans. Henderson, A. M. & Parsons, T.. New York: Free Press.Google Scholar
Weiner, Bernard, Amirkhan, James, Folkes, Valerie S., & Verette, Julie A. (1987) “An Attributional Analysis of Excuse Giving: Studies of a Naive Theory of Emotion,” 52 J. of Personality & Social Psychology 316.Google Scholar
Williams, Kirk R., & Hawkins, Richard (1986) “Perceptual Research on General Deterrence: A Critical Review,” 20 Law & Society Rev. 545.Google Scholar
Wong, Paul T. P., & Weiner, Bernard (1981) “When People Ask ‘Why’ Questions, and the Heuristics of Attributional Search,” 40 J. of Personality & Social Psychology 650.Google Scholar