IRS , is this true?
as long as you don't file, you haven't broken any laws. once you file, you enter into an agreement to pay. the US supreme court ruled in 1991 that our labor was our personal property and we exchange it equally in exchange for pay. the 16th amendment recquires only those who "profit or gains" to be taxed. the vast majority of americans aren't recquire to pay income taxes. they outlawed slavery in 1864.
this is why the irs threaten so hard and then simply settle out of court. THEY DON'T WANT IT TO GO TO COURT because they will lose in court. the supreme court has already set precedence.
lol , Lolliebums's
thanks aaron.forr, i think ron paul will make a great president
- icabodLv 71 decade agoFavorite Answer
The supreme court case quoted is CHEEK v. UNITED STATES, 498 U.S. 192 (1991) in it the defendant admitted he didn't file his tax forms. The court considered and ruled on:
Issue: 1. In order for the defendant to use his honest beliefs as defense, do these beliefs need to be objectively reasonable? The court held "No" they didn't have to be reasonable
Issue:2. Can the defendant use his belief that tax laws are unconstitutional as a defense? The ruling was "No" Creek had no defense
Issue 3. Can the defendant use the belief that wages are not income as a defense? "yes"
The case was then sent back to lower courts. Cheek wasn't found innocent and the case wasn't dismissed. Cheek would be allowed the defense that he believed what tax protesters were telling him (see 1-5 below) and as he sincerely believed this he shouldn't be punished for admittedly breaking the law. The Supreme Court found problems with the jury instruction but NOT anything to do with the income tax.
Note that the court did not rule "our labor was our personal property " or "he 16th amendment requires only those who "profit or gains" to be taxed. "
Some excerpts from the case:
One part states "the plaintiffs were informed by the courts that many of their arguments, including that they were not taxpayers within the meaning of the tax laws, that wages are not income, that the Sixteenth Amendment does not authorize the imposition of an income tax on individuals, and that the Sixteenth Amendment is unenforceable, were frivolous or had been repeatedly rejected by the courts."
Also from the case:
"The opinion stated, 882 F.2d 1263, 1268-1269, n. 2 (CA7 1989), as follows:
"For the record, we note that the following beliefs, which are stock arguments of the tax protester movement, have not been, nor ever will be, considered `objectively reasonable' in this circuit:
"(1) the belief that the sixteenth amendment to the constitution was improperly ratified, and therefore never came into being;
"(2) the belief that the sixteenth amendment is unconstitutional generally;
"(3) the belief that the income tax violates the takings clause of the fifth amendment;
"(4) the belief that the tax laws are unconstitutional; [498 U.S. 192, 199]
"(5) the belief that wages are not income, and therefore are not subject to federal income tax laws;
"(6) the belief that filing a tax return violates the privilege against self-incrimination; and
"(7) the belief that Federal Reserve Notes do not constitute cash or income.
Miller v. United States, 868 F.2d 236, 239-41 (7th Cir. 1989); Buckner, 830 F.2d at 102; United States v. Dube, 820 F.2d 886, 891 (7th Cir. 1987); Coleman v. Comm., 791 F.2d 68, 70-71 (7th Cir. 1986); Moore, 627 F.2d at 833. We have no doubt that this list will increase with time."
In short the very court ruling you quote specifically refutes the claims made.
- Anonymous1 decade ago
Your on the right track, just not the right direction. It does not matter if you file or not. Your employer is automatically filing for you. It is called a Secondary Return. What puts you into contract with the IRS is the signing of the W-4. What you don't realized is not only are you obligating yourself to the codes that are on that one or two sheets of paper, but it locks you into contract with ALL of the IRS codes. You are correct about your next three points. Yes, slavery was abolished, but you have not done enough research. Under early Social Security Laws, you were made an enemy of the Federal Government! Also, get a Black's Law Dictionary and look up the word "Person". You will find out it is not You or Me or anyone else. We are considered assets. Follow the audit trail of your Birth Certificate. It's first stop is the Department of Vital Staistics. It's second stop is the Security Exchange Commision - Wall Street! Makes you wonder. What gives them the right to tax your income is the fact that you use their Federal Reserve Notes (Money). Under the War Powers Act, it is ILLEGAL, first of all, to have possesion of our real currency which is base on a Metal System (Gold). AN FRN is a promissory note - that all it is - a promise to pay - because you have been loaned a way to pay your debts - by using FRN's furnished by the government, they have the right to charge you an interest fee - or TAX. All major purchases should be made with a Metal Standard (Silver Certificate, or boullione, or gold). If this is done YOU CAN NOT BE TAXED! Anyway, keep on studying, and for those people who mock you just remember, they are just sheep who have been correctly Governmentally Indocturnated. You my friend will become a Lion. Close your Federal Account with the U.S. Goverment, and become Soveriegn without Subjects, for true Freedom. Remember, if you are a "Son of the City" (Citizen) you are bound by the 56 million laws of the Federal Government, if you are Sovereign, only Mosaic and Constitutional Laws can only be applied to you. No more speeding tickets, DWI's, insurance, etc., etc. But be warned, if you do this you can never work a "Real" job again, because corporations by Law require that you have a Social Security Number. Still though, there were Millionaires before Social Security was created, and there will be when it is gone! Good Luck and keep on researching!
- Bostonian In MOLv 71 decade ago
LOL! Another mis-informed Tax Kook!
Please, what is the citation for your claimed 1991 ruling? I've heard that claim before but nobody has ever shown me the actual CASE, simply because it does NOT exist.
A number of Tax Kooks have made that claim but it has NEVER stood up in court. EVER.
Your interpretation of the 16th Amendment is fatally flawed. It says no such thing. It quite clearly states INCOME and places no limit on the source.
Plenty of taxpayers settle out of court but it's exceedlingly rare for the IRS to initiate such a settlement.
- Anonymous1 decade ago
If you don't file this year, nothing may happen. If you don't file next year, nothing may happen again. You might even repeat this pattern for 10 years. However, eventually, they will find out and they will make you pay all of the back taxes. ALSO you will go to a federal penetentary.
Just get off the soapbox and pay your taxes. People have been trying to pull that stunt for years.
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- Anonymous1 decade ago
You are the third person from the fruitcake fringe to post today.
If the fact that they system has been in place and functioning and passing muster with the supreme court for over 80 years isn't enough to convince you they you are suffering from oxygen deprivation.Source(s): http://www.albinoblacksheep.com/flash/youare
- SteveLv 61 decade ago
Are you related to the Clee guy that sells the internal cleanse, Kevin Trudeau, or Billy Mays? If you follow your idea, then you can become famous once you start your own infomercial showing "us" how you beat the government with your ideas.
- GemLv 71 decade ago
No, not true.
Quit listening to whatever idiot is telling you this.
The only way to not pay is to not make enough money to have a liability.
And keep in mind that you can't get out of Social Security if you work for a legitimate employer.
- Taylor's DadLv 51 decade ago
This is, in a word, baloney (or bologna, if you prefer the classical spelling.) This hogwash has been around for years and is simply not true. Not filing is a crime and you likely will be prosecuted. The fines and penalties are NOT pretty.
- whymeLv 41 decade ago
Tell it to Redd Foxx.
Have you been talking to Libertarians again?
There is also the right to bear arms. Go get your M16 and walk around town.
There is also no law about speeding in the constitution. So you can beat any speeding ticket too.
- 1 decade ago
you are required buy law to pay income taxes. but many consider it unconstitutional.
the whole IRS thing and taxes is a huge mess. so i just suggest voting for Ron Paul for president, and the IRS will be phased out.