Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ancient_geezer; sinkspur; Blood of Tyrants
As near as I can determine, the Congress has failed to write a law requiring the payment of an income tax but has written laws to punish those who don't pay income tax.
I agree that the problem is with Congress if no one can cite the law requiring the payment of income tax. They can most certainly cite the criminal penalties for not paying.
Maybe the politicians don't want to be on the hook for passing such a law?
I think that if the government was held to it's Constitutional powers and duties, we would need a lot less money to run it.
44 posted on 04/30/2004 8:50:17 PM PDT by Abcdefg
[ Post Reply | Private Reply | To 27 | View Replies ]


To: Abcdefg
Ever hear of the 16th Amendment?
47 posted on 04/30/2004 8:51:33 PM PDT by sinkspur (Adopt a dog or a cat from an animal shelter! It will save one life, and may save two.)
[ Post Reply | Private Reply | To 44 | View Replies ]

To: Abcdefg

As near as I can determine, the Congress has failed to write a law requiring the payment of an income tax but has written laws to punish those who don't pay income tax.

Too bad the federal courts disagree with that observation:

 

United States v. Melton, No. 94-5535 (4th Cir. 1996)
ARGUED: Lowell Harrison Becraft, Jr. Huntsville, Alabama, for Appellants.

The jury heard not only the United States's evidence against the Meltons, but also the brothers' defense that they believed they were not "persons liable" for federal income tax. The jury rejected the excuse, however, and convicted them on nearly all counts.

  • [Subtitle A] "Section 1 of the Internal Revenue Code imposes a federal tax on the taxable income of every individual.
    26 U.S.C. s 1."
  • [Subtitle A] "Section 63 defines "taxable income" as gross income minus allowable deductions."
    26 U.S.C. s 63.
  • [Subtitle A] Section 61 states that "gross income means all income from whatever source derived," including compensation for services.
    26 U.S.C. s 61.
  • [Subtitle F] Sections 6001 and 6011 provide that a person must keep records and file a tax return for any tax for which he is liable.
    26 U.S.C. ss 6001
    26 U.S.C. ss 6011.
  • Finally, section 6012 provides that every individual having gross income that equals or exceeds the exemption amount in a taxable year shall file an income tax return.
    26 U.S.C. s 6012.

The duty to pay federal income taxes therefore is "manifest on the face of the statutes, without any resort to IRS rules, forms or regulations." United States v. Bowers, 920 F.2d 220, 222 (4th Cir.1990). The rarely recognized proposition that, "where the law is vague or highly debatable, a defendant--actually or imputedly--lacks the requisite intent to violate it," Mallas, 762 F.2d at 363 (quoting United States v. Critzer, 498 F.2d 1160, 1162 (4th Cir.1974)), simply does not apply here.

Each Melton brother had gross income in excess of the amount requiring the filing of a return in each of the years at issue. Therefore, each was a "person liable."

 

United States v. Sloan, 939 F.2d 499 (7th Cir. 1991)
Argued that there is no law imposing a tax on income.

KANNE, Circuit Judge.

  • Like moths to a flame, some people find themselves irresistibly drawn to the tax protestor movement's illusory claim that there is no legal requirement to pay federal income tax. And, like the moths, these people sometimes get burned. Lorin G. Sloan believed these claims and because he acted upon them now faces four months in a federal prison; there can be little doubt that he has been burned.
  • The real tragedy of this case is the unconscionable waste of Mr. Sloan's time, resources, and emotion in continuing to pursue these wholly defective and unsuccessful arguments about the validity of the income tax laws of the United States. Despite our rejection of Mr. Sloan's legal analysis of the tax laws, we are not unmindful of the sincerity of his beliefs. On the other hand, we are less sure of the sincerity of the professional tax protestors who promote their views in literature and meetings to persons like Mr. Sloan, yet are unlikely ever to face the type of penalties incurred by him. It may be that our decision will not alter Mr. Sloan's views regarding the tax laws of this country, for he has stated that if we affirm his conviction without applying the law as he understands it, our decision will be "a sham to which I WILL NOT SUBMIT." It may also be that serving his sentence in prison will not alter Mr. Sloan's view. We hope this pessimistic assessment is incorrect.
  • We AFFIRM the conviction of Lorin G. Sloan on all counts.

53 posted on 04/30/2004 8:59:57 PM PDT by ancient_geezer (Equality, the French disease: Everyone is equal beneath the guillotine.)
[ Post Reply | Private Reply | To 44 | View Replies ]

To: Abcdefg
You don't have to read the whole thing, Congress wrote Code section 1 and guess what ? Its in the beginning.
57 posted on 04/30/2004 9:05:49 PM PDT by VRWC_minion
[ Post Reply | Private Reply | To 44 | View Replies ]

To: Abcdefg

I think that if the government was held to it's Constitutional powers and duties, we would need a lot less money to run it.

True, unfortunately the power to tax is one of the most fundament authorities of the national government under the Constitution:

Federalist #39:

 

Anti-Federalist Papers #3 NEW CONSTITUTION CREATES A NATIONAL GOVERNMENT;

There are but two modes by which men are connected in society, the one which operates on individuals, this always has been, and ought still to be called, national government; the other which binds States and governments together (not corporations, for there is no considerable nation on earth, despotic, monarchical, or republican, that does not contain many subordinate corporations with various constitutions) this last has heretofore been denominated a league or confederacy. The term federalists is therefore improperly applied to themselves, by the friends and supporters of the proposed constitution.

Federalist #45:

 

Constitution for the United States of America:

And holding the Congress, to the constitution in the exercise of its other powers has been woefully lacking as regards the electorate demanding more and who keep those Congress Critter's in office.

61 posted on 04/30/2004 9:09:54 PM PDT by ancient_geezer (Equality, the French disease: Everyone is equal beneath the guillotine.)
[ Post Reply | Private Reply | To 44 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson