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Laws for tax evasion ensure that people pay their taxes. Just because they don't say "You must pay your taxes," the effect is the same, and the law is constitutional because the Sixteenth Amendment is by definition constitutional. This argument has always been a legal shell game: a sham.
Originally posted by Leyla
I got a email alerting me to this. This is unreal he didn't pay his taxes. Oh wow!! Call the swat team. After all our country is going down the tube. After all a law stating that your supposed to pay income tax can't be found anywhere. Go figure. [edit on 6/7/2007 by Leyla]
The Benson contention was comprehensively addressed by the Seventh Circuit Court of Appeals in United States v. Thomas:[2]
Thomas is a tax protester, and one of his arguments is that he did not need to file tax returns because the sixteenth amendment is not part of the constitution. It was not properly ratified, Thomas insists, repeating the argument of W. Benson & M. Beckman, The Law That Never Was (1985). Benson and Beckman review the documents concerning the states' ratification of the sixteenth amendment and conclude that only four states ratified the sixteenth amendment; they insist that the official promulgation of that amendment by Secretary of State Knox in 1913 is therefore void.
Benson and Beckman did not discover anything; they rediscovered something that Secretary Knox considered in 1913. Thirty-eight states ratified the sixteenth amendment, and thirty-seven sent formal instruments of ratification to the Secretary of State. (Minnesota notified the Secretary orally, and additional states ratified later; we consider only those Secretary Knox considered.[3]) Only four instruments repeat the language of the sixteenth amendment exactly as Congress approved it. The others contain errors of diction, capitalization, punctuation, and spelling. The text Congress transmitted to the states was: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." Many of the instruments neglected to capitalize "States," and some capitalized other words instead. The instrument from Illinois had "remuneration" in place of "enumeration"; the instrument from Missouri substituted "levy" for "lay"; the instrument from Washington had "income" not "incomes"; others made similar blunders.
Thomas insists that because the states did not approve exactly the same text, the amendment did not go into effect. Secretary Knox considered this argument. The Solicitor of the Department of State drew up a list of the errors in the instruments and — taking into account both the triviality of the deviations and the treatment of earlier amendments that had experienced more substantial problems — advised the Secretary that he was authorized to declare the amendment adopted. The Secretary did so.
Although Thomas urges us to take the view of several state courts that only agreement on the literal text may make a legal document effective, the Supreme Court follows the "enrolled bill rule." If a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted. Field v. Clark, 143 U.S. 649, 36 L.Ed. 294, 12 S.Ct. 495 (1892). The principle is equally applicable to constitutional amendments. See Leser v. Garnett, 258 U.S. 130, 66 L.Ed. 505, 42 S.Ct. 217 (1922), which treats as conclusive the declaration of the Secretary of State that the nineteenth amendment had been adopted. In United States v. Foster, 789 F.2d. 457, 462-463, n.6 (7th Cir. 1986), we relied on Leser, as well as the inconsequential nature of the objections in the face of the 73-year acceptance of the effectiveness of the sixteenth amendment, to reject a claim similar to Thomas's. See also Coleman v. Miller, 307 U.S. 433, 83 L. Ed. 1385, 59 S. Ct. 972 (1939) (questions about ratification of amendments may be nonjusticiable). Secretary Knox declared that enough states had ratified the sixteenth amendment. The Secretary's decision is not transparently defective. We need not decide when, if ever, such a decision may be reviewed in order to know that Secretary Knox's decision is now beyond review.
Originally posted by Inannamute
While it's true that people with lower incomes get much or most of their taxes refunded...
After reading the post below the one quoted here, I understand the meaning of the statement. There was an argument as to whether the state's ratifications were sufficient. The Secretary of State made a determination that they were. Thirty-eight states voted on this issue, and they knew exactly what they were voting on: there were no material differences in the text and the votes were accepted by the appropriate authorities. You would need to show me that one state did not realize that they the consequence of their vote would be that the Federal government could collect taxes. That is a matter of legislative intent; if you can find me a legislature that did not understand what they were voting on and show dereliction of duty on the part of the secretary, then you would have something.
Originally posted by NGC2736
togetic, your logic leaves out a little point or two. One is 'legal ratification'.
That analogy makes no sense. There is recourse against the contractor in court. Likewise, there is recourse against the leadership through voting. I don't understand your point here. If we don't like the laws, we should just not follow them?
And the other is simple logic. If you hire a contractor to build a garage onto your house, and he builds himself a mansion, do you still pay him when he sends you the bill?
We hired these people, and when they fail to do the will of the people, then they should have to do without the money they spent. Case in point: The American people want us OUT of Iraq, and our 'Leader' refuses, because he does not feel the need to obey the will of the people.
You may be forgetting Social Security and Medicare taxes.
Originally posted by tyranny22
Originally posted by Inannamute
While it's true that people with lower incomes get much or most of their taxes refunded...
What type of Filing Form are you using because last time I checked I'm having 1/3rd of my money taken each paycheck and at the end of the year I'm lucky to get 1/10th of that back.
[edit on 8-6-2007 by tyranny22]
You do have the option to take all of your money home and have none of it withheld. Then you could put it into a high-yield savings account and earn 5% on the money and then pay it to the government. Of course, most people can't manage their money and would spend it all and then be unable to pay their taxes when the time came.
Originally posted by Inannamute
While it's true that people with lower incomes get much or most of their taxes refunded, they are still essentially giving the government an interest free loan of their money for an entire year. Just think about how much money that is. Why, if you do not owe that money, are you forced to pay it anyway ?
I have worked in campaigns and flat out disagree. If you sincerely think that, then there is no recourse and you may be better off finding another country. I'm not trying to be cheeky, but if the system is so broken, what other option is there?
Originally posted by NGC2736
togetic, the recourse of the voting method is so flawed that there is no chance of making a meaningful change, and most of us know this. We vote, but with no results other than those foreordained by the rich and mighty.
We do? Why should I not have the right, then, to withhold payment from Medicaid? Or withhold payment from the Department of Education? Walter-Reid hospital? Where exactly does that end, and how does it create a workable system of government?
Congress could have voted to withhold the money to finance the war in Iraq. We too, as a form of protest, have the right, perhaps not the law, but the right, to withhold payment.
Where is representation lacking? Just because one person's personal policy preferences--or even a majority's--are not being implemented does not mean the system is broken, especially when that majority either voted for the representative at the time or they didn't vote at all. And they can go back and vote him or her out. Just look at our representatives now! They're running around trying to secure themselves for re-election by doing what their constituents want them to do.
When our leadership fails to abide by the will of the people, knowingly ignoring the right of the people to have government obey, then they are the outlaws, and deserve to have funds withheld. This is the basic idea of taxation without representation.
Saying that whatever the majority wants the government should do is a dangerous proposition. Was the government obligated to do the same thing when a majority supported slavery? There are times, as hard as it may be to accept, that the few in the government have the obligation to make decisions contrary to the majority because they believe it correct.
At the first instant that the majority of the people, 51% or more, opposed the war in Iraq, then it was the duty of those who are sworn to serve, to obey the will of the people. When failing in their sworn duty, then it is the God given right, be it lawful by governing bodies or not, to withdraw support for those who act in opposition to America.
That's fine as philosophy, but entirely untenable in practice. How do we measure the intent of the people? How do we put it into practice? Who puts it into practice? You? Me? That's precisely the reason that the founders chose a republican form of government. Maybe it doesn't work like we want it to. Maybe it has flaws. So does everything else, and on the whole I'd say it works pretty well.
Our government is NOT America, we the people are America. We decide. And the will of the people is not open to ratification by the Supreme Court, nor to interpretation by the Congress, nor overruling by the Commander in Chief.
Laws are fine, needful things. But to twist and pervert them to be used contrary to the intent of those who are the true source, is in itself an act of treason.
If it applies to everyone, then it is by definition apportioned based on the census: if 25% of the people live in California, then 25% of the taxed entities will be in California.
Originally posted by airtrax007
The federal income tax as it is applied is unconstitutional because it is being applied as a "direct tax" which must be apportioned among the states in accordance with the census.
Where is this provision?
The income tax cannot apply to individual citizens directly, because that would be a "direct tax" prohibited by the Constitution. And the income tax does NOT apply to individual citizens directly; it does so indirectly making the tax an excise tax.
The very definition of income says all income from whatever source derived. I don't see an argument that would not include it in IRC 61. Further, wages are given in the enumerated list. IRC Sec. 61(a)(1).
The income tax can apply to wages, because that would be a "excise tax" which must be Uniform in accordance with the Constitution. But nowhere in the law are wages specifically included in gross income as defined by 26USC §61A, nor is it clear which wages are and which wages are not, as the term wages is defined to mean several different things in several different sections of the law, for several different taxes.
Is there authority for that proposition? I don't agree that labor is property. Property by definition is a bundle of rights given to a person that are superior to some and inferior to others. Property is also alienable. Labor is neither. Furthermore, even if labor is property, it is converted into cash pursuant to a contractual agreement with good consideration and the resulting cash is property. Such cash is a taxable gain; your labor, again assuming that it is property, has a basis of $0 because you paid nothing for it.
Wages can be taxed because the receipt of wages is the result of exercising a government granted privilege, or participating in a privileged occupation. Working for a living is not a privileged occupation.
Our labor is our property, and so a tax on labor would be a tax on property and a "direct tax" within the meaning of the Constitution.
Labor is not included in the definition of capital.
The laborer does not receive labor from another source, he is the source. If you picked up a rock and sold it for $5 then you would have income of $5, as you had a cost of $0 for the rock. You can not separate the laborer from the labor. Labor is not something which the laborer picks up, it is of the laborer.
The idea that a person has zero cost in the labor they sell is a flawed idea embraced by the IRS. For a person to have zero cost in the labor they sell, there has to be capital that can accrue and grow. There is no capital involved in selling ones own labor, as the labor is the capital.
Disagreed, for the reasons above.
The exercise of a fundamental right cannot be taxed and the right to work is a fundamental right reserved to the citizens of the United States by the 10th Amendment to the Constitution. However, working for the government is not a fundamental right, nor is working in the USA by a foreigner or a foreign corporation, a fundamental right and both can be taxed - and they are; see 26USC Subtitle A, Chapter 3, §1461.
The power to tax income is not the 16th amendment; it is Article 1, section 8, clause 1.
Congress may have the power to tax all incomes, however, it has NOT done so.
I don't understand. With respect to labor, the source of the income is either contractual or assumed. That argument is playing metaphysics, which the law will not do. It will gloss over ephemeral and unanswerable questions in order to make the system go.
Income cannot be taxed unless the source of the income is first determined because congress has not taxed all income! Determining the source is critical and there are several Federal cases that prove this. Most recent, is US v Murphy.
Actually they have interpreted the amendment, they did not make the decision as to what it was. That misstates the power of the Court.
According to the IRS, every penny you recieve, is income. According to the US Supreme court, the IRS definition of income is irrelevant as they the USSC, have decided what the definition of income is.
It doesn't have to. The first rule of statutory interpretation is to reasonably interpret the clauses together.
The 16th Amendment is ineffective because it does not expressly repeal any provision of Article I Section 8, Clause 1, of the Constitution. True, but not complete. The 16th didn't change Article 1, section 8, clause 1 nor did it change any of the other taxing power limitations. This is why the Supreme court at the time of its adoption, called it the "do nothing amendment".
I don't agree. It obviously is true. The rest of this post is very long, but the bottom line is that all of this clouds the issue. People are so desperate to find any reason to not pay taxes (I'm in this too) that they will twist words and history and take things out of context and misinterpret statutes and cases. I'm not defending the tax system, I think it was designed poorly, but that doesn't change its validity. One can create enough technicalities to challenge anything, but in the end we have to deal with reality, and that is the only way to change this or any other system.
The 16th Amendment gave Congress no new power to tax - absolutely TRUE.