Is there a law that requires us to pay the income tax?
Looking through all of the Constitution, where is this income tax law?
The 16th Amendment was written for those engaged in privileges, i.e. corporate activities. That is the Supreme Court ruling.
@NGC6205 The only thing the 16th amendment did was change the way corporations could be taxed, as an indirect excise tax. A tax on corporate activities and privileges. Ok, here's one ref : Congress agrees with this: House Congressional Record 3-27-1943 page 2580 "The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities and privileges which is measured by reference to the income which they produce. The income is not.." cont
"... the subject of the tax: it is the basis for determining the amount of tax."
I haven't gotten to the real scary part yet.. about what really happened to the American Sovereign when the Government started issuing Social Security Numbers. We all became the "United States Citizen". And that is part of the real reason we are able to be taxed like corporations because we are now "Government Property". We're artificial people now, take a look at any govt document you own, is your name written in ALL CAPS? We are all now the United States Citizen.
There is no use arguing, I only have "privileges" from the government and no real "rights" anymore. That goes for all of us that are "United States Citizens" in the United States of America. We all would love that free sandwich in place of Freedom anyway. F*ck it, NGC you can have this one. Hell... you're probably one of the people that profit from this legal scam and would disagree with this whole website.
- NGC6205Lv 75 years agoFavorite Answer
Re: Is there a law that requires us to pay the income tax?
Yes. The law can be found in Title 26 of the U.S. Code. For more explanation, see http://docs.law.gwu.edu/facweb/jsiegel/Personal/ta...
Re: Looking through all of the Constitution, where is this income tax law?
Not all laws are in the Constitution. However, in Article 1 Section 8, the Constitution does state that "The Congress shall have Power To lay and collect Taxes..."
Edit: Your statement about the 16th amendment is utter nonsense. First, the Supreme Court never said what you claim it did. Second, Congress enacted a corporate income tax law BEFORE the 16th amendment was ratified AND the Supreme Court said that law was Constitutional. See Flint v. Stone Tracy Co., 220 U.S. 107 (1911). Therefore, common sense would tell you that if your claim were true, that there would be absolutely no reason to have the 16th amendment.
BTW, if you make a claim that the Supreme Court ruled a particular way, it is only right that you provide a citation to whatever case you think supports your claim.
EDIT #2: In regards to your quote from the Congressional Record, although it appears in the Congressional Record, it is not a quotation from any Senator or Representative, but from a paper written by a lawyer named F. Morse Hubbard, who was formerly an employee of the Treasury Department. It is not clear whether any Senator or Representative agreed with Hubbard, or relied on his opinion.
Hubbard’s opinion in 1943 (30 years after the ratification of the 16th Amendment and the enactment of the first income tax under that amendment) about the nature of the income tax is flatly contradicted by a statement in 1913 by one of original authors of the income tax:
“Under the proposed measure income is both the subject and the measure of the tax.”
Representative Cordell Hull, Cong. Rec. (8/5/1913) (reprinted in Foster’s Income Tax.)
Cordell Hull (1871-1955) was a recognized expert in tax, commercial, and fiscal policies, and would have known what he was talking about. He served in Congress from 1907 to 1931 and served on the House Ways and Means Committee for eighteen years, where he was one of the principal authors of the income tax provisions of the 1913 Tariff Act, along with the Revised Act of 1916, and the federal estate tax that was enacted in 1916.
Your argument about the 16th amendment regarding privileges has been flatly rejected by the courts time and time again.
“There is no doubt that the statute could tax salaries to those who earned them....”
Lucas v. Earl, 281 U.S. 111, 114 (1930).
“[The tax code] is broad enough to include in taxable income any economic or financial benefit conferred on the employee as compensation, whatever the form or mode by which it is effected.”
C.I.R. v. Smith, 324 U.S. 177 (1945).
“Wages usually are income ....”
Central Illinois Public Serv. Co. v. United States, 435 U.S. 21, 25 (1978).
Finally, your whole American Sovereign stuff is nothing but nonsense. No respected legal expert anywhere will agree with any of the sovereign ignoramous nonsense.
- Bostonian In MOLv 75 years ago
You never read the Constitution. If you had, you'd have stopped asking questions once you got through with Article 1, Section 8. You'd have noted that it does not restrict the types of taxes that Congress may impose, leaving that up to Congress to determine.
Contrary to widely held misconception, the 16th Amendment to the Constitution did not create or allow income taxes. It changed the treatment of income taxes to indirect levies not subject to apportionment. That is how they had been treated since the first income tax was enacted in the 1860s to support the Civil War effort.
In 1895, the USSC reversed decades of precedence and established practice and declared income taxes to be direct levies. See Pollock v. Farmers' Loan & Trust Company. This effectively killed income taxes at the federal level (but didn't impact any state income taxes) as apportionment of income taxes would have been administratively impossible in the late 19th century. (Be careful what you wish for, it would be fairly easy today. It could cut taxes for residents of wealthier states and increase them for residents of poorer states. Worse, each state would get a bill from the federal government and would have to figure out how to pass it on to their residents.)
Interesting fact: Pollock did not affect taxes on wages and other labor, only taxes on dividends, interest and rents from land. Congress could have immediately enacted a wage tax that would have passed muster under Pollock.
- StephenWeinsteinLv 75 years ago
The Constitution doesn't require individuals to do anything. The Constitution does say that Congress can pass a law that requires us to pay income tax, but that law isn't in the Constitution. It's in the Internal Revenue Code.
- sophiebLv 75 years ago
stop fussing trying to get out of paying taxes. Seriously, those who earn above a certain amount MUST pay taxes and those that argue against that end up in jail. That's just the way it is. If you owe back taxes though and try to work it out the government has a program that is you owe many many thousands it can be reduced, but not for the little guy. So maybe you can make an arrangement to pay those taxes monthly, all you can do is ask. But just sayin' to not create a lot of problems for yourself, just pay those taxes.
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- Re VeraLv 75 years ago
Income taxes without apportionment are permitted by the 16th Amendment. The actual laws that establish the various forms of income taxes and the procedures therefor are found in Title 26 of the United States Code.
The US income tax has REPEATEDLY been challenged by tax protesters, and has repeatedly been upheld. In most cases, these protesters faced massive fines and even jail time for knowingly filing fraudulent returns. You ARE required to file tax returns unless you meet specific exceptions, and you ARE required to pay taxes pursuant to the US Tax Code. Intentional failure to do so for stupid reasons like believing the income tax is unconstitutional will get you in serious, serious trouble.Source(s): http://www.law.cornell.edu/constitution/amendmentx... http://www.law.cornell.edu/uscode/text/26 Also, I'm a f***ing tax lawyer.
- 5 years ago
The issue I have with the income tax is that is not properly defined. The 1040 is not a real income tax. Your earnings from work is a fare trade, work for money. When you sale a house you gain income as a result of the sale.
- smahadevan39Lv 75 years ago
Law also quotes punishment for not paying Income Tax
- ?Lv 75 years ago
Not all laws are in the Constitution however the Constitution authorizes Congress to levy taxes
- troLv 75 years ago
the law is based on one passed in 1913, you may not think it says so but too many others have tried to convince the courts and found themselves spending a good portion of their lives in a gov't financed gated community
- Max HooplaLv 75 years ago
Only wackos who can't get over the fact that they have a 100% loss rate in court even bother asking this silly question.