No, it is not. I FRankly don’t care what you think you can prove. I hate the income tax and the IRS! The FairTax, warts and all, rids the US of both. IMHO, that is what is important.
Come now Taxman, you must know repealing the 16th Amendment as worded in H.R.25’s companion legislation R.J.RES. 16 would not withdraw Congress’ power to lay and collect taxes calculated from profits, gains, salaries and other incomes. And although H.R. 25 may get rid of the IRS, keep in mind it creates two new tax collecting agencies: an “Excise Tax Bureau” and the “Sales Tax Bureau, in addition to keeping the Bureau of Alcohol, Tobacco and Firearms alive which will also be collecting taxes.
And the Excise Tax Bureau would be there to collect all those excise taxes Congress may impose which are calculated from profits, gains, salaries and other incomes. So, although the IRS may disappear, it would do so in name only and would be resurrected as the Excise Tax Bureau and still would continue to collect taxes calculated from profits, gains, salaries and other incomes.
Now, don’t you think it would be prudent to demand H.J.RES 16 ought to contain the following wording in its repeal of the 16th Amendment before you give your support to it?
The Sixteenth Amendment is hereby repealed and Congress is henceforth forbidden to lay ``any`` tax or burden calculated from profits, gains, interest, salaries, wages, tips, inheritances or any other lawfully realized money
Without this language in the proposed repeal of the 16th Amendment, Congress may continue to lay and collect excise taxes, such as the Corporate Excise Tax of 1909 calculating the amount of tax to be paid from the corporation’s profits and gains. Also see Springer vs. United States in which the S.C. upheld a tax calculated from income, prior to the adoption of the 16th Amendment.
Are you saying you do not object to Congress laying the “fairtax” in addition to maintaining its power to lay and collect taxes calculated from profits, gains, salaries and other incomes?
JWK
We are back to, “FRankly, my dear, I don’t give a damn” about what either of you think.
Sort it out to suit yourselves, introduce legislation in the Congress, get it passed into law.
That is how the system works.