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To: Capitalist Eric; trick question

Start with a search under "Brushaber" and go from there....

Actually it pays to start abit earlier:

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. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • "[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."
  • LICENSE TAX CASES, 72 U.S. 462 (1866)

    PACIFIC INS. CO. v. SOULE, 74 U.S. 433 (1868),7 Wall. 433

    Lane Co. v. Oregon (1868), 74 U.S. [7 Wall.] 71:

    United States v. Cruikshank(1876), 92 U.S. 542:

    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."
  • "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]henever 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."
  • POINDEXTER v. GREENHOW, 114 U.S. 270 (1885)

    Pollock v. Farmers' Loan and Trust Company, 157 U.S. 429 (1895)

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

    Champion v. Ames(1903), 186 U.S. 321

    MCCRAY v. U S, 195 U.S. 27 (1904)

    Flint v. Stone Tracy Co.(1911), 220 U.S. 107

     

    Stratton's Independence, LTD. v. Howbert(1913), 231 U.S. 399:

    BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916)

    Stanton v. Baltic Mining Co.(1916), 240 U.S. 103:

    COOK v. TAIT, 265 U.S. 47 (1924)

    Lucas v. Earl(1930), 281 U.S. 111:

    U.S. v. CONSTANTINE, 296 U.S. 287 (1935)

    Charles C. Stewart Machine Co. v. Davis (1937), 301 U.S. 548:

    House Congressional Record, March 27, 1943, pg. 2580:

     

    Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-30 (1955).

     

    United States v. Melton, No. 94-5535 (4th Cir. 1996)
    ARGUED: Lowell Harrison Becraft, Jr.[one of Schulz & Co. legal beagles], 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."


     

    26 USC 7805(a) Rules and regulations
    (a) Authorization - … the Secretary [of the Treasury] shall prescribe all needful rules and regulations for the enforcement of this title [Title 26]…" [26 USC § 7805]

    Thus under amplifying Treasury regulations for 26 USC 1, 26 CFR 1.1-1(a),(b)

    Sec. 1.1-1 Income tax on individuals.

    (a) General rule. (1) Section 1 of the Code imposes an income tax on the income of every individual who is a citizen or resident of the United States and, to the extent provided by section 871(b) or 877(b), on the income of a nonresident alien individual.

    (b) Citizens or residents of the United States liable to tax. In general, all citizens of the United States, wherever resident, and all resident alien individuals are liable to the income taxes imposed by the Code whether the income is received from sources within or without the United States.


    19 posted on 01/13/2003 7:33:04 PM PST by ancient_geezer
    [ Post Reply | Private Reply | To 4 | View Replies ]


    To: ancient_geezer; trick question
    Is it correct that one may deduct casualty losses, for example, by robbery or burglary?

    I think you will agree taxes are collected coercively.

    I'm having a hard time distinguishing tax collectors from armed robbers. Are taxes deductible as casualty losses?

    27 posted on 01/13/2003 9:44:58 PM PST by coloradan
    [ Post Reply | Private Reply | To 19 | View Replies ]

    To: ancient_geezer
    what is the definition of income, as defined by US Supreme Court, and never overturned?
    32 posted on 01/14/2003 10:35:22 AM PST by Capitalist Eric
    [ Post Reply | Private Reply | To 19 | View Replies ]

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