Is the income tax legal – Taxation immoral and Unconstitutional?
Is the income tax legal – Taxation immoral and Unconstitutional?
I turn my ear up to a 45-degree angle to hear better when someone says “the income tax is unconstitutional or illegal”. I listen to their arguments, but they never convince me on legal grounds. Further, I find it curious when intelligent people do not file tax returns and get caught. Lastly, I take an interest in those who offshore their income and assets to hide money from the IRS. I think it is a dangerous game these tax protestors play. That being said, it is worth to read about the arguments that have been raised against the 16th Amendment and taxes. But heed this warning: Morpheus: I won’t lie to you, Neo. Every single man or woman who has stood their ground, everyone who has fought an agent (has lost) – The Matrix
0% tax rate is the best via a legal repeal of the 16th Amendment
Now, do not get me wrong, I am against the income tax in the United States, however, if you want to practice that type of civil disobedience or you are just avoiding taxes for monetary reasons, you need to be willing to pay the price. I believe the only thing a US citizen can do is keep their head down and pay your taxes like we all do. However, with every election vote for the candidates that are for fiscal sanity and maybe even a repel of the tax laws including the 16th Amendment. Further, there are a number of legal and honest ways to keep your take bill down, but that is the subject of another post.
We could simply cut the budget 50% (many working Americans have had to do this with their own budget, why should the g-men and fat cats in Washington not have to?). Have more non-punitive tariffs and excises taxes, like the first 150 years of America, which lead us to be ‘the land of opportunity and liberty’. It would be a questionable assessment to make that bold statement today. I believe it is possible to repeal the 16th Amendment through the political process.
John Bull being approached with new taxesHere is a resource that is worth reading – Are taxes moral? – Taxes the root of all Evil – By Frank Chodorov
Is the income tax legal? The income tax is written in the US constitution and there are many laws written and passed by congress. The income tax is legal. However, the question about, is it right and does it agree with the idea of individual property rights, the founding fathers what is good and moral in the world? Does it help the poor and middle class live better lives? Does it help productivity and work incentives? Do taxes make American great? Does it make a civilization advance? No.
The fringe arguments against the legality of the 16th Amendment and US income tax: non-ratification argument – A book called “the Law that never was” by William Benson and Martin Beckman put forth this argument, but I do not agree with their arguments and frankly I do not think the book was well researched. Maybe I am wrong. He argues passionately that many of the 38 states that ratified the 16th Amendment did not. For example, Secretary of State Philander Knox who proclaimed the 16th Amendment ratified ignored such things as California never voted on it, or Kentucky rejected the Amendment nine in favor, twenty-two opposed. These are a few examples, William Benson cites based on his personal research. However, I do not believe it and would have to research it myself and believe his book and argument was proven in court to be not correct. The fact that Ohio was not a State until 1953 argument does not hold water either since President Eisenhower retroactively sign a law allowing Ohio to be a State since 1803, even though the constitution forbids such things ex posts facto. Porth v. Brodrick did not really address that issue so technically the argument is correct. However, the income tax is legal because the under common sense and practicality. 16th Amendment argument against taxes – You can also read about the case of Trohimovich v. Commissioner – I think they through this guy in the clink. 16th Amendment was ratified legally. You can read about other more fringe tax protestor cases like Stanton v. Baltic Mining Co
Constitutional arguments against the income tax are stronger, but to date, none have been successful challenges:
religious objection to the income tax – This is about the first amendment (there is also a free speech argument). Basically, if people pay homage to a state, not God this is wrong and against their religion, but in 1878 Reynolds Vs. the USA cased struck down this argument. Give to Caesar what is Caesars.
fifth amendment argument against taxes – filing a tax return with could lead to self-incrimination (United States v. Sullivan), or it is taking without compensation (Brushaber v. Union Pacific Railroad). As a follow-up to this, the IRS really does not care too much, how you make your money as long as you pay taxes. If you are a ‘working girl’ just pay taxes on income generated. It is interesting to note that in Europe this profession is non taxed and tax evaders said they were ‘professional girls’ when questioned about income sources reported but not taxed.
income tax is discriminatory – it is progressive and therefore in conflict with the 14th amendment which guarantees equal treatment under the law. I think this is a weak argument, we are not talking about race or anything just earnings.
Taxes are servitude – Paying taxes enslaves one and is therefore unconstitutional. Porth v. Brodrick argued this based on the 13th Amendment and lost. Considering tax payer liberation day is sometime in August, which means you work a good part of the year to the feudal state, it has merit as a moral argument. I mean a serf in the Middle Ages only worked three days for his master and three days for himself, while you work for.
You can be a citizen of the state you live – It goes something like if you are a sovereign citizen in the state where you live you do not have to pay Federal taxes, for example, you could be a citizen of Texas and only answer to Texas. But you can not use US dollars or anything to do with the US government. This is based on an argument around the 14th amendment. – The court ruled ‘while the Fourteenth Amendment does not create a national citizenship, it has the effect of making that citizenship ‘paramount and dominant’ instead of ‘derivative and dependent’ upon state citizenship.’ Therefore you still have to pay your taxes.
FYI- trying to argue (assert an argument on your tax return) that the income tax is illegal with the IRS based on various reasons why not to file can result in a $5,000 frivolous tax return penalty IRS section 6702(a).
Other arguments against the legality of taxes on specific individuals rather than universal are it a law that agrees with the constitution of the United States
and is protected speech pursuant to the "unalienable rights" of all men, and the First (and Second) Amendment to the Constitution of the United States of America, In God we trust
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