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In 1913, the 16th Amendment to the Constitution made the income tax a permanent fixture in the U.S. tax system. The amendment gave Congress legal authority to tax income and resulted in a revenue law that taxed incomes of both individuals and corporations.
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Originally posted by Lexion
In 1913, the 16th Amendment to the Constitution made the income tax a permanent fixture in the U.S. tax system. The amendment gave Congress legal authority to tax income and resulted in a revenue law that taxed incomes of both individuals and corporations.
From Here
I just love knowledge.
To respond to Adm. Riker :
You are correct. Labor isn't income.
It produces income.
Taxable income.
Those lawsuits are far from over.
Anyone can complain enough for a lazy
judge to send it to a higher court.
Regards,
Lex
Originally posted by Lexion
Adm. Riker,
Please consider making either a generous one-time donation
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From givemeliberty
a "non-profit" organisation.
Too funny.
Originally posted by admriker444
However, a person's labor isnt considered income according to the Supreme Court and the Constitution. Income is defined as corporate gains or profits but not a person's labor.
A lawyer in Lousiana just won his case against the IRS using this argument. His labor doesnt count as income and therefore is exempt from federal income taxes.
Originally posted by IAttackPeople
Originally posted by admriker444
However, a person's labor isnt considered income according to the Supreme Court and the Constitution. Income is defined as corporate gains or profits but not a person's labor.
Please provide a cite to the case law that supports this assertion.
Here's what the Supreme Court really said in the landmark case of Commissioner v. Glenshaw Glass...
The Court observed that Congress, in imposing the income tax, had defined income to include:
"gains, profits, and income derived from salaries, wages, or compensation for personal service . . . of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever."
The Court held that "this language was used by Congress to exert in this field the full measure of its taxing power", id., and that "the Court has given a liberal construction to this broad phraseology in recognition of the intention of Congress to tax all gains except those specifically exempted."
The Court then enunciated what is now understood by Congress and the Courts to be the definition of taxable income, "instances of undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion." Id. at 431. The defendant in that case suggested that a 1954 rewording of the tax code had limited the income that could be taxed, a position which the Court rejected, stating:
"The definition of gross income has been simplified, but no effect upon its present broad scope was intended. Certainly punitive damages cannot reasonably be classified as gifts, nor do they come under any other exemption provision in the Code. We would do violence to the plain meaning of the statute and restrict a clear legislative attempt to bring the taxing power to bear upon all receipts constitutionally taxable were we to say that the payments in question here are not gross income."
Title 26 of the U.S. Code states:
There is hereby imposed on the taxable income ...
What is "taxable income"?
the term “taxable income” means gross income minus the deductions allowed by this chapter
What is "gross income"?
Except as otherwise provided in this subtitle, gross income means all income from whatever source derived
Whatever source derived. According to every court in the land this will include wages and salaries.
A lawyer in Lousiana just won his case against the IRS using this argument. His labor doesnt count as income and therefore is exempt from federal income taxes.
No. Cryer was acquitted of the *criminal* charge of *willfully* not paying federal income tax. He was not found guilty because the jury bought that Cryer really didn't think he had to pay. Cryer's frivolous arguments had no bearing or weight and his acquittal lends no validity to these arguments.
Cryer will lose the civil suit and will have to pay his back taxes, plus penalties, plus interest. If he tries this again he'll do prison time. See the case of Vernice Kuglin.
The Browns and their ilk do not have a leg to stand on, legally. That's why they get convicted.
Originally posted by admriker444
There are Supreme Court cases by the way where the court ruled that the 16th amendment didnt grant the govt any new power of taxation.
In addition, there is sufficient evidence that the 16th amendment was never properly and legally ratified.
Regardless of those points (i can see both sides of the argument), here are two facts that arent in dispute...
Salaries, wages. are not income as defined by the tax code, however, Income can be made by Businesses corporations and employers, by the labors of employees, and a tax may be withheld upon those wages
Originally posted by IAttackPeople
The Court observed that Congress, in imposing the income tax, had defined income to include:
"gains, profits, and income derived from salaries, wages, or compensation for personal service . . . of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever."
What is "gross income"?
Except as otherwise provided in this subtitle, gross income means all income from whatever source derived
Whatever source derived. According to every court in the land this will include wages and salaries.
Originally posted by IAttackPeople
Originally posted by admriker444
There are Supreme Court cases by the way where the court ruled that the 16th amendment didnt grant the govt any new power of taxation.
That's true because it didn't. I assume you are referring to the case of Brushaber v. Union Pacific Railroad...
en.wikipedia.org...
The income tax wasn't a "new power of taxation" that sprung into existence after the 16th was ratified. There were income taxes on salaries before 1913. In order to help pay for the Civil War, the government imposed its first personal income tax in 1861, as part of the Revenue Act of 1861. This ended in 1872. Other income taxes followed.
What the 16th amendment did was to remove the constitutional apportionment restriction by making all income taxes indirect taxes. This paved the way for the modern federal income tax system.
In addition, there is sufficient evidence that the 16th amendment was never properly and legally ratified.
Sufficent to whom? Certainly not to any court where this frivolous argument has been presented.
Regardless of those points (i can see both sides of the argument), here are two facts that arent in dispute...
Your feelings about the federal reserve system and how our federal income taxes are spent are not relevent to a discussion of the legal basis of the federal income tax.
Heck, I don't think *anyone* likes to be taxed or likes how our elected officials squander the money given to them. However, attempting to use these feelings as a justification for not paying, while noble, will not win the day in a court of law.
You know, *we* created the Constitution, *we* created the IRS. *we* passed the 16th amendment, *we* created the federal reserve, and *we* created Title 26 of the USC through the people *we* elected to represent us. For change to occur we must follow the same path and elect the representatives that will enact the change we want. Or stage a revolution.
All this phony-baloney stuff these tax protester types are attempting are non-starters and will lead to nothing.
Originally posted by hotpinkurinalmint
As eloquent as the arguments might be claiming the current income tax regime is unconstitutional or illegal, keep in mind that no court is going to buy into those arguments. Income taxes consitute a significant source of revenue for the government. No judge is going to dismantle the foundations of our government by stripping it of one of its major sources of revenue. So that being said, if you want to stay out of trouble, pay your taxes (even though it is wrong:puz
Originally posted by C0le
Thats just it, it isn't a source of revenue for the government, its a source of revenue for the Fed, to repay a debt which has no reason to exist.