By (Name withheld by request)
Sept. 30, 2002
In the early 1990s, I did not file federal tax returns for a few years. I was unhappy with how the middle class was heavily taxed while thousands of wealthy people are legally allowed to pay little or no federal taxes. I did not want to participate in such a clearly unfair tax system.
A few years later, the IRS assessed me for back taxes. We agreed on a payment plan and I paid up. At the time, I believed I was legally required to pay federal income taxes.
Since then, I have realized that:
· The 16th Amendment (federal income tax) was not legally ratified.
· Apparently, there is no statute requiring the average citizen to pay federal income taxes
An important book for Americans to read on taxation is America, Who Really Pays the Taxes? by Donald Barlett and James Steele (1999).
Reading that book led me to the conclusion that middle-class Americans are taxed so as to subsidize the wealthy and the poor.
The book explains that some millionaires are legally allowed to pay zero taxes, thanks to their friends in Washington. Further, that the IRS suppresses details of tax-exempt millionaires.
The structure of the American tax system makes it clear that America has a government of the wealthy, by the wealthy and for the wealthy.
You may have read claims by Irwin Schiff (http:\\PayNoIncomeTax.com) that there is no statute requiring you to pay federal income tax. There is speculation that no such regulation exists because if it did, it could be specifically challenged in court. Enforcement of the federal income tax is therefore dependent on fear and intimidation.
For more information on how the 16th Amendment was not legally ratified see: The Law That Never Was, by Bill Benson ( http://www.thelawthatneverwas.com )
In 1913, the Income Tax Amendment, even though not duly ratified by the required number of state legislatures, was accepted by Congress as the law of the land. In announcing that the proposed amendment had become law, Congress relied on fraudulent statements by outgoing Secretary of State, Philander Knox.
Even though the IRS apparently has no legal authority to compel payment of federal taxes, it does have the power to issue summons to Americans to appear in tax court.
“Tax court is the epitome of subterfuges. Tax court is an Article II agency of the Executive branch of government staffed with IRS agents akin to a zoning board. You are not entitled to a trial by jury, it is not empowered to hear challenges to the tax code, you are guilty as accused and must prove your innocence, and you, as a petitioner, cannot challenge jurisdiction. If you do not volunteer to forfeit your constitutional rights, the only way to challenge an IRS assessment is after seizure.” (Jim Carter quoted at http://www.civil-liberties.com/pages/taxillegallyenforced.htm
I still allow my employers to withhold some of my income. However, I take a large number of personal exemptions so that my contribution is not excessive. Since I do not file a federal income tax return, I do not seek to reclaim the money that was withheld. I consider that amount to be a donation to the federal government.
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