Sunday, April 13, 2008

Federal Income Tax - Is it Constitutional?

Do you really need to file a Federal Tax Return?

Forget about the procrastinators, the extenders, and the just plain "I hate to file my tax return" people and let's talk about the approximately 1 million Americans who "defy the law" and refuse to pay federal taxes based on principle. Some of these Tax Protesters believe that our federal income tax policies are unconstitutional and do not apply. So annually, they refuse to file their tax returns. You've surely heard this argument in some fashion before. About 14 years ago while I was anxiously preparing my taxes a friend informed me that paying taxes is optional. "Excuse Me" I queried? I've always believed that there was nothing more certain than income taxes and death. He forwarded some literature to me and I read it but ultimately didn't have the "cajones" to defy Uncle Sam in this venue. So I cracked the whip and got my taxes done. I must admit, every year around this time I wonder how much of his argument is actually true. Not that I'm trying to escape my obligation but I'd just like to know the truth. Proponents against paying taxes submit that Section 861 of the tax code supports their argument. One of the bigger advocates of this idea is columnist William A. Shields for USA Daily. Check out his article: SECTION 861:THE LAW THEY HOPE YOU NEVER READ

According to Shields, "at least 300 persons have requested clarification from the IRS on this subject in general and section 861 in particular. To date, the IRS has refused to address these questions and they have resorted to bullying, blustering and threatening. But ALWAYS they have refused to address specific questions about section 861."

Fueling the argument is Joseph R. Banister C.P.A and former IRS special agent, and Congressman Ron Paul who also argues that income taxes violate the Sixteenth amendment.

view this:

I personally believe the tax code is entirely too complicated and that far too many resources are expended to support this bureaucracy. Nonetheless, It's April 13Th, and I'm wrapping up my return and preparing to write the IRS a check. I'll be combing the tax codes and searching for every little deduction and legally protesting in my own little way. But ultimately, the IRS will get their money from me and next year I'll have the same question in my mind.......... Is it constitutional for the IRS to require me to file a tax return? But for now, here's your money.... Leave me alone for a year PLEASE!

IRS building on Constitution Avenue in Washington, D.C..


Speedcat Hollydale said...

Here is a true story - you will love this one ...
Years ago I was send an envelope with a letter from the IRS stating that my math was wrong on the return I filed (of course meaning less of a tax return)
I fought them tooth and nail to find out just what this "so-called" mistake" was.
Finally, they admited that my original return was indeed correct.

What The Heck???????

I would love to see one flat tax ... period. That is way to radical!! Oh well, maybe I should attempt the Unconstitutional Method Ha haaaa!!

What's happenin'?
Hi from SpeedCat :)

Tamera said...

Heh. Exactly. We were just talking about it here at home. However, until any decision (final addressing of all of the cases brought up), I think people would be smart to just finish file. I know it's no fun, but it eventually does get done. I know I was jumping up and down after I signed my signature. Always that "whew"! kind of feeling. It was my first here in the US for a very long time, and I was a bit anxious as the first time in 18 yrs., my return was not about regular employment, but self-employment. It worked out just fine, and I was kissing myself that I had been so good at organizing and filing everything necessary. Another *whew*!

Jane Turley said...

I wonder if there is such an opt out clause in the UK; I doubt it. I certainly don't recall any such matter in my (very distant) studies and I feel there are a lot of people, especially the middle classes, who would opt outif they could. I would. (Hmm... Mr I you'll have to read a post I'll be doing soon which may give an indication why.) When one contributes to a country one does expect to receive something in return. That isn't always the case, especially if you are the middle class.
To this extent there is another opt out leave.
Unfortunately, some of best friends are planning to leave the UK in the next few years which makes me... very sad indeed. But they've had enough.
Could I ever leave 'Ol Blighty? Probably not. I like green grass and sometimes the grass seems greener elsewhere when in fact it isn't.

Besides, I don't fancy getting my Marks and Spencers knickers by mail order.

YoYo in DC said...

Thanks for posting this story, may people have no clue that income taxes are unconstitutional. If more people were aware we could stop this travesty.

Crystal Jayne said...

Within the last several months, I have watched a documentary called, "Zeitgeist". I'm sure many of you have not heard of it, but it comes to me as very intriguing. I can't say that I beleive everything in it to be 100% factual, but I can say that it does spark my interest. It speaks about the unconcstitutional Fed Tax, the Federal Reserve and religion. It's gotten me so interested I have been researching this issue and am still in the process. Thank you for posting this, I think a lot of people need to watch Zeitgeist and at least question what is going on. You don't neccessarily have to beleive it completely. Just make sure no one's pulling a one over on you! "Think for yourself, questions authority"

intrepidideas said...


Thanks for finding me and stopping by. Interesting. I've heard of Zeitgeist and read a few reviews of it. I've also discussed it with one of my Blog friends... BDG. I'll have to watch the entire thing to get a complete picture. Please stop back again. Thanks for the comment.