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To: ancient_geezer
All very true and well stated.

However, the question was not if people are bound by the Federal Tax Code (USC) to pay taxes. The question remains if anywhere in the USC exists a law which makes it mandatory for employers to withhold Federal taxes.

I still have seen no such Federal Law (USC) presented here.

Any other response is just another dodge, among many.

;-/

256 posted on 01/09/2004 7:30:38 AM PST by Gargantua (When green frog croak in full of moon... crow have bad gas...)
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To: Gargantua

The question remains if anywhere in the USC exists a law which makes it mandatory for employers to withhold Federal taxes.

 


"Simkanin was convicted on 10 felony counts of failing to withhold about $139,000 in taxes from employees' wages and 15 felony counts of filing false tax refund claims for about $235,000. "

"He also was found guilty of four misdemeanor counts of not filing individual income tax returns from 1998 to 2001. Simkanin had an estimated gross income of about $410,000 during those years, according to the indictment."


 

This was a person who simply was not into paying taxes nor collect witholding as his fiduciary responsibility to his employees period.

I still have seen no such Federal Law (USC) presented here.

This was clearly answered in reply #203 by Hon

To reiterate since you missed it the first time, yes there several places in the federal statutes are applicable, that makes it mandatory for employers to withold Federal Income taxes.

26 USC Section 3402. Income tax collected at source

    (a) Requirement of withholding
      (1) In general
        Except as otherwise provided in this section, every employer
      making payment of wages shall deduct and withhold upon such wages
      a tax determined in accordance with tables or computational
      procedures prescribed by the Secretary. Any tables or procedures
      prescribed under this paragraph shall -
          (A) apply with respect to the amount of wages paid during
        such periods as the Secretary may prescribe, and
          (B) be in such form, and provide for such amounts to be
        deducted and withheld, as the Secretary determines to be most
        appropriate to carry out the purposes of this chapter and to
        reflect the provisions of chapter 1 applicable to such periods.
      
      ***
    (d) Tax paid by recipient If the employer, in violation of the provisions
       of this chapter, fails to deduct and withhold the tax under this chapter,
       and thereafter the tax against which such tax may be credited is paid, the
       tax so required to be deducted and withheld shall not be collected from the
       employer; but this subsection shall in no case relieve the employer from 
       liability for any penalties or additions to the tax otherwise applicable in 
       respect of such failure to deduct and withhold.

Title 26 Section 7201. Attempt to evade or defeat tax

      Any person who willfully attempts in any manner to evade or
    defeat any tax imposed by this title or the payment thereof shall,
    in addition to other penalties provided by law, be guilty of a
    felony and, upon conviction thereof, shall be fined not more than
    $100,000 ($500,000 in the case of a corporation), or imprisoned not
    more than 5 years, or both, together with the costs of prosecution.

Title 26 Section 7202. Willful failure to collect or pay over tax

      Any person required under this title to collect, account for, and
    pay over any tax imposed by this title who willfully fails to
    collect or truthfully account for and pay over such tax shall, in
    addition to other penalties provided by law, be guilty of a felony
    and, upon conviction thereof, shall be fined not more than $10,000,
    or imprisoned not more than 5 years, or both, together with the
    costs of prosecution.

267 posted on 01/09/2004 10:24:20 AM PST by ancient_geezer
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To: Gargantua
"The question remains if anywhere in the USC exists a law which makes it mandatory for employers to withhold Federal taxes.

I still have seen no such Federal Law (USC) presented here."

I take it you are on some kind of mind altering drugs. I have presented the US Code which pertains to this issue TWICE.

You are a waster of other people's time.

272 posted on 01/09/2004 11:33:31 AM PST by Hon
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