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

To: ancient_geezer
Dang! (again)  When I said I remembered the SCOTUS  barring the vat tax, the link I'd been using turned to be for the flat tax (finally found that link here).   

At the same time I found out that the flat rate income tax that was overturned was like the one Lincoln used a few decades earlier with no SCOTUS problems.   Let me know when you find that link that says those guys make sense and follow the same constitution we do-- you're sure to find that link because you don't make mistakes like I do  --at least none to speak of that is.

237 posted on 07/13/2006 6:17:43 AM PDT by expat_panama
[ Post Reply | Private Reply | To 208 | View Replies ]


To: expat_panama

SCOTUS  barring the vat tax,

Since a retail sales tax is not a VAT as it does not tax the purchases of businesses, such would not be applicable in any case, not to mention that taxes on any articles of consumption are indeed taxable as an indirect tax under the Article I Section 8 clause 1 of the Constitution.

the link I'd been using turned to be for the flat tax

 

Oh the Civil War income tax that was ruled on in Pollock decisions.

You are indeed right that Pollock decided that portions of the Civil War income tax was unconstitutionally applied.

SCOTUS ruled that taxes on the rent from real estate, dividends and interest from financial instruments were actually fruit of property ownership and to be considered an integral part of that property thus taxation of such must be by the rule of apportionment by state population rather than the rule of uniformity which requires the tax to be applied the same regardless of the state in which it is collected.

Taxation of owners on the basis of their ownership of property is considered a direct tax under prior rulings of SCOTUS:

 

Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "[T]he DIRECT TAXES contemplated by the Constitution, are only two, to wit, A CAPITATION OR POLL TAX, simply, without regard to property, profession, or any other circumstance; and a tax on LAND."
  • in light of Hamilton's characterizations and Congress' historical application of property taxes as direct taxes.

    Federalist #12:

    Federalist #21:

    The Court in the Pollock ruling found that portion of the income tax to be unconstitutional for not being apportioned by state population under the rule of apportionment, improperly treating such as indirect taxes instead.

    The Pollock Ruling lays their rationale and the limits of their rulings very clearly:

     

    POLLOCK v. FARMERS' LOAN & TRUST CO., 158 U.S. 601 (1895):

     

    Let me know when you find that link that says those guys make sense and follow the same constitution we do

    Pollock and Hylton serve quite well, seeing as both appear to be remaining true to the powers of Congress as they are expressed in the Constitution.

    The prior ruling of Spinger, found the Civil War income tax to be an indirect tax on the basis that it did not tax the whole of a personal estate as would be the situation in a property tax, thus not a direct tax on property.

    Springer v. United States(1880), 102 U.S. 586

  • "The central and controlling question in this case is whether the tax which was levied on the income, gains, and profits of the plaintiff in error, as set forth in the record, and by pretended virtue of the acts of Congress and parts of acts therein mentioned, is a direct tax."
  • "The tax here in question falls within neither of these categories. It is not a tax on the 'whole . . . personal estate' of the individual, but only on his income, gains, and profits during a year, which may have been but a small part of his personal estate, and in most cases would have been so. This classification lends no support to the argument of the plaintiff in error."
  • "Our conclusions are, that direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate; and that the tax of which the plaintiff in error complains is within the category of an excise or duty."
  • "[W]hen ever the government has imposed a tax which it recognized as a direct tax, it has never been applied to any objects but real estate and slaves."
  • "If the laws here in question involved any wrong or unnecessary harshness, it was for Congress, or the people who make congresses, to see that the evil was corrected.
    The remedy does not lie with the judicial branch of the government."
  •  

    Let me know when you find that link that says those guys make sense and follow the same constitution we do

    You might try to read the actual case decisions rather than to read other's mischaracterisations of them for one thing. It is occasionally eye opening.

    Does the SCOTUS get it wrong at times, yep I would say so, however any suit in law must come to a conclusion at some point, the Constitution placed a limit on settling cases by making the SCOTUS as that court of last resort. Like it or not, that is what we have. Fortunately, with time even Courts that show a tendency to be in error are ultimately correctable with eventual new blood and retesting of issues in error.

    you're sure to find that link because you don't make mistakes like I do  --at least none to speak of that is.\

    Seeing as I have shown the ability to adjust when my opinions are in error in this thread, over the issue of capital gains as a a component of discretionary income. It is demonstrable that mistakes are made by anyone. That however does not prevent discussion, nor does it indicate that all who are in error at some point, must be always in error in all things.

    Sorry, but you appear to be trying to construct a logical fallacy here. I know you can do better than that to get your valid points across. The invalid one, one should be ready to backtrack and reevaluate just where they do stand and need correction.

    238 posted on 07/13/2006 9:18:29 AM PDT by ancient_geezer (Don't reform it, Replace it.)
    [ Post Reply | Private Reply | To 237 | 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