Not really relevant now. Benson was promoting an illegal or abusive tax shelter without first settling his case of ratification. Such people are known as tax protesters.
We are not tax protesters here. If the 16th Amendment worked to fund a government that could safeguard our freedom, then there would be no reason to call for its repeal.
But the 16th Amendment was used today to call Obamacare a ‘tax’, more specifically an income tax where healthcare plan premiums paid by employers are considered ‘taxable income’.
Thus, the 16th amendment is used for political purposes in social engineering and statism, not for the purposes of limited government.
The 16th amendment is an artifact of an era of class warfare, a relic of a time in which socialism was a novelty and had not been time tested.
In the 1930s, FDR faced the same constitutional issues as Obamacare for his government administered ‘old age annuity program’, today known as Social Security. He quickly had his lawyers in court change Social Security to a Social Security tax even though the premiums paid to the Social Security fund were not supposed to be a tax. FDR knew his lawyers could define any benefit as ‘income’ and therefore be taxable. It worked.
Today’s democrats used, and admitted they used the FDR playbook.
One irritating fact is that FDR’s New Deal had a national healthplan in work as part of all his ‘reforms’ but this was taken off the table for ‘later’. More than 75 years later the democrats rammed Obamacare down our throats and then switched to call it a tax in court just as FDR had done.
I saw all this coming in 2010 and wrote about it here voluminously. I cautioned people not to be drawn into the commerce clause arguments, the individual mandate distraction. I saw the democrats were using, I saw them admit they were using the FDR playbook.
The 1913 16th Amendment does not work for us. The FairTax code is a vastly superior form of federal taxation that conforms with the original tax provisions of the US Constitution.
I don’t care about Benson “Supposed” tax fraud scheme.
I care about the facts from all 48 States that never ratified the 16th amendment.
Beside, is it tax fraud if the law was never ratified???
#6: Were the so-called 14th and 16th amendments properly ratified?
Answer: No.
Neither was properly ratified. In the case of People v. Boxer (December 1992), docket number #S-030016, U.S. Senator Barbara Boxer fell totally silent in the face of an Application to the California Supreme Court by the People of California, for an ORDER compelling Senator Boxer to witness the material evidence against the so-called 16th amendment.
That so-called “amendment” allegedly authorized federal income taxation, even though it contains no provision expressly repealing two Constitutional Clauses mandating that direct taxes must be apportioned. The Ninth Circuit Court of Appeals and the U.S. Supreme Court have both ruled that repeals by implication are not favored. See Crawford Fitting Co. et al. v. J.T. Gibbons, Inc., 482 U.S. 437, 442 (1987).
The material evidence in question was summarized in AFFIDAVIT’s that were properly executed and filed in that case. Boxer fell totally silent, thus rendering those affidavits the “truth of the case.” The so-called 16th amendment has now been correctly identified as a major fraud upon the American People and the United States. Major fraud against the United States is a serious federal offense. See 18 U.S.C. 1031.
Read the rest here:
http://www.supremelaw.org/sls/31answers.htm