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To: trick question
Anyone who tries to sell you on tax evasion is doing you wrong.

Umm.... Well, before your foot is inserted any further in your gullet, I suggest you research this question for yourself.

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

Good luck, on becoming more educated.

4 posted on 01/13/2003 6:36:08 PM PST by Capitalist Eric
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To: Capitalist Eric
Thanks, I just educated myself by doing a search on Brushaber. Here is what I found.
Shrugging off these defeats, Schiff ventured into court once again. Schiff vs. U.S. 73 AFTR 2d Par 94-517 (U.S. Dist. Ct. 1989). This time in a civil case in which he was hit with civil fraud penalties, he claimed that the IRS could not assess taxes against him. The tax system is unconstitutional; and he sincerely believed that he was not required to pay tax. Predictably, he lost again on all counts. The court made the following findings and conclusions:

1. Schiff failed to file an accurate tax return, so his voluntary assessment was zero. Once the IRS filed a zero assessment tax return for the taxpayer, the IRS could then assess a deficiency (an additional amount of tax) against Mr. Schiff.

2. Schiff was given the right to contest the deficiency in Tax Court, which he failed to do.

3. The U.S. tax laws are constitutional. With respect to this argument, the court made the following succinct observation:

The authority given to Congress to lay and collect taxes, see U.S. Const. Art. Section 8, Cl 1, as modified by the 16th Amendment, allows the imposition of an income tax without limitation. The 16th Amendment removed the limitation on Congress’s authority to impose a direct tax only if proportioned among the States, stating the "Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration." Courts have repeatedly upheld the constitutionality of the 16th Amendment. See, e.g. Brushaber v Union Pacific Railroad, 240 U.S. 1, 17-19 (1916) [The Court upheld the validity of the 16th Amendment, finding that it eliminated the requirement that direct taxes, such as the income tax, on all income from whatever source derived, need no longer be apportioned.
4. Regarding the civil fraud penalty, the court found that Schiff paid no taxes and failed to properly file tax returns. In refuting his claim that he sincerely believed he did not have to pay taxes, the court found that Schiff was an intelligent person with a broad knowledge of tax law, inasmuch as he has written books on the subject and has appeared on television discussing the issue. The court made the following crucial distinction:
The court finds plaintiff's attempts to exculpate himself from the fraud penalty based on the sincerity of his belief that he need not pay income taxes to be without merit. While a failure to pay because of a "misunderstanding of law" may not sustain the imposition of the fraud penalty, "disagreement with the law" provides no defense United States v. Schiff, 801 F.2d 108, 112 (2d Cir. 1986). As the Court of Appeals for the Second Circuit noted, "[t]he distinction [between a misunderstanding and a disagreement] is necessary to the functioning of our tax system. Without it, any taxpayer could evade tax obligations simply by stubbornly refusing to admit error despite the receipt of any number of authoritative statements of the law." Id.
In a prior action involving plaintiff's liability for tax evasion and fraudulent underpayment of taxes, the Tax Court, after reviewing the evidence and considering plaintiff's arguments, concluded:

Petitioner is free to argue his theories to Congress, but he cannot disregard the laws passed by Congress and upheld by the courts, fail to perform an affirmative duty imposed on him by those laws, and then expect to avoid the consequences of his avowedly freely exercised disobedience.

Schiff, T.C. Memo. 1984-223.

Avoid these tax scams like the plague. And avoid other tax scams and expatriation scams and other snake oil scams like the plague. Anyone who tries to tell you differently is playing you like a fool or is a fool himself.
7 posted on 01/13/2003 6:46:46 PM PST by trick question
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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
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