Posted on 12/17/2008 5:00:47 PM PST by Polarik
If Barack Hussein Obama is allowed to take the Oath of Office, he will have done so by skirting around the requirements of Section 1, Article II, of the US Constitution. If the POTUS can ignore Section 1, Article II, then every citizen who is required to pay income tax under Section 8, Article I, and the 16th Amendment, should follow the lead of the President and skirt around those problematic provisions, as well.
Obama's Presidency will not only be illegitimate ib Constitutional terms, but also illegitimate according to the Declaration of Independence, which proclaimed that "governments are instituted among men deriving their just powers from the consent of the governed." Those among us who still believe that Presidents should br held accountable to the Constitution will not give our consent to a government led by a person unjustly becoming our President.
Any tax plan proposed and/or approved by the President could be treated as "illegal taxation," as the President will not have the Constitutional authority to sign any tax bills (or any other for that matter).
Since Barack Obama truly believes that he does not have to prove his Constitutional qualifications, then neither should any citizen of the United States who believes in his heart that he or she does not have to pay income taxes. This same citizen cannot be charged for failing to file his income tax if he truly believes that he is not required to do so.
According to Cheek v. United States, 498 U.S. 192 (1991), the Supreme Court noted that the statute making it a crime to fail to pay federal income taxes provides that the crime is committed only by someone who “willfully” fails to pay. The Supreme Court held that someone who truly believes that the law does not require him to pay taxes has not committed the crime of willfully failing to pay, even though his belief is wrong.
Although the belief that you don’t have to pay taxes does not relieve you of your obligation to pay, it means that failure to pay will not be a crime. If you owe taxes, you owe them, regardless of any erroneous beliefs you may have.
Also, the Supreme Court placed some limits on the sources of permissible good faith beliefs that one doesn’t owe taxes. The Court held that it is not a defense to a charge of willfully failing to file that one believed the income tax laws were unconstitutional. So if the reason you think you don’t owe taxes is that you believe the tax laws are unconstitutional, that’s not a defense.
It might be interesting if there were several thousand tax protesters claiming this.
I pray that that bullet will enter my skull after repeated refusals to praise the name of The One (piss be upon him!).
You, and all the other Internet Rambo’s, do not.
Funny, nowhere in my post did I mention we take them out, thus becoming an "internet rambo". I simply asked a question. Why does the majority continue to stand by and take the abuses of the minority?
Because the majority are Sheep who loves Socialism, and finally have the government they want.
Has everyone lost their sense of humor here?
You'll still have to pay your Amendment XVI taxes.
-PJ
Does that mean I still have to pay taxes????? /sarc
Not so clever. A simple pun on "precedent," rather than "president" is above his pay grade.
They have automatic weapons and tanks a phone call away.
Doesn’t mean crap if you’re in a bush 600m away though...
I mean, consider the following problems we now have:
1. We have 35,000 lobbyists in Washington, DC trying to influence 535 members of Congress, the President, Vice-President and 12 Cabinet secretaries to "tweak" the tax code--often to support very narrow constituencies.
2. All that "tweaking" of the tax code has result in a 60,000-plus page monster of tax code that even the IRS admits couldn't figure out completely.
3. Because of this complexity, Americans spend US$565 billion per year in compliance costs and pre-compliance economic decisions.
4. The tax code often causes bad effects on the US economy, with the sub-prime mortgage fiasco being the latest of them.
5. Because the tax code taxes savings account interest income, dividend income, capital gains income, etc., we have among the lowest savings rate in the world.
6. The tax code encourages people to go to all kinds of means to keep their assets out of the hands of the IRS. One result is a massive underground economy; the second is wealthier Americans "offshoring" their assets in offshore banking centers (OFC's) located in the Bahamas, Bermuda, Cayman Islands, Panama, Switzerland, etc. to the tune to US$10 to US$16 TRILLION.
7. Foreigners are reluctant to invest in the USA because of all the taxes on investing in the USA.
8. American companies find it more profitable to "offshore" corporate and manufacturing operations outside the USA just to keep their taxes low. Unfortunately, that also increases unemployment in the USA.
And you wonder why the very idea of a low-percentage flat tax or the FairTax consumption tax is actually gaining more and more support.
Well, leave out the folks that get the EITC. Most of the rest have the taxes automatically withheld (try to get your company to stop doing that!), and expect a "refund". In my case, and I had to write them a check on 4/15 - it was still <10% of my total burden.
you could probably claim more exemptions so that you owe money..
As long as it does not interfere with our ability to wake up in the morning in the house we pay a mortgage on, get into our new/semi-new car, drive to work, pick up our paycheck and drive home to crack open a beer in front of our new big, flat screen TV, we will DO NOTHING.
Something really bad would have to happen to get a large group riled enough to risk losing their homes and assets..maybe even going to jail.
Shameful of us that it only took a 3% tax on TEA before our MUCH MORE PATRIOTIC ancestors took action. We are going to get what we deserve. BRING ON THE SOCIALISM!
“have families to support and are unwilling to take the risk.”
That is most people’s reason. If single people alone stopped paying taxes that would get results. I figured out that I don’t have to pay income tax if i don’t have an income. But I still have to pay 100 other taxes for anything I use.
We will never get away from taxation, and pretty soon people won’t have the money to pay taxes. That is when we will get our great tax revolt.
Claim more deductions on your W-4, and they will take out less taxes. I always wondered why Americans would allow the IRS to take their money before they had to give it. Depending on a tax refund to me is strange. That is your money. Why would you let them have it for up to a year for free? They should at least have to pay a moderate 10% interest on your deposits until the due date of April 15. Remember that is your money. Shouldn’t someone compensate you if they are holding your money?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.