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I heard that there is no law requiring anyone to file a tax return, because such a law would violate the 5th Amendment. Is that true?

2006-06-13 09:45:43 · 23 answers · asked by VoluntaryCompliance 1 in Politics & Government Law & Ethics

23 answers

The 16th Amendment reads, ver batim: 'The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.' -February 3rd, 1913.

While laws may be found to be inconsistent with the constitution, constitutional amendments by their very nature cannot. The 16th Amendment is not contradicted by the 5th Amendment. If the two did in fact conflict, the 16th Amendment would be seen as an amendment to the 5th.

2006-06-13 10:28:17 · answer #1 · answered by Chris W 2 · 0 0

No. The Constitution was amended to allow for taxation. Try not paying taxes or filing a return and see what happens. The IRS will be on you like flies on human waste.

2006-06-13 09:48:49 · answer #2 · answered by regerugged 7 · 0 0

Income taxes are mandatory, paying more taxes than you have to is voluntary. I would give you the link from the IRS site that had that particular answer to your question but I can't find it right now.

2006-06-13 09:50:39 · answer #3 · answered by Jose 2 · 0 0

The courts have repeatedly upheld income taxation. So despite the debate over the income tax's constitutionality, you had better fill out those forms every April & do what your patriotic citizenship requires of you.

2006-06-13 09:48:20 · answer #4 · answered by Dave of the Hill People 4 · 0 0

no count no count in case you return to a type to report returns or no longer the government can disagree at the same time with your decision of technique. the universal public of human beings who're at a loss for words by utilising the IRS are people who've tried to conform yet get audited. between the particularly obnoxious practices of the IRS is they randomly decide on human beings for their maximum excruciatingly specific audits as the thank you to grant their desktops greater useful statistical prognosis information. The sufferers of this custom at the instant are not suspected of any incorrect doing in any respect. in case you prefer to no longer report then there are 2 crimes that they are in a position to cost you with "Failure to report" and "Failure to pay." of path, in the event that they are in a position to't teach you have been required to report then they are in a position to't teach you have been required to pay. The gamble isn't any count if the device will undertaking you and what are you able to do to cut back the end result. Are you going to be waiting to convincingly argue on your place (or locate the money for legal experts and accountants to argue for you)? in case you return off sounding like the two like an ignorant fool or a paranoid conspiracy theorist then your odds look rather slender. on the different hand in case you additionally could make some solid arguments and artwork the device, then your odds look greater useful. The gamble is an identical no count in case you report returns or no longer. The link below is to a weblog that lays out the case against legal accountability to earnings taxes from publicly available components. meaning you're able to ascertain each declare your self. There are additionally source hyperlinks to diverse aspects of the situation, conflict tax protesters, patriotic paranoids, and critics of the patriots. there is an exciting area some pamphlet that the IRS positioned out countering lots of the arguments you pronounced. the unusual situation is they pronounced a thoroughly absurd argument relating to the imposition of earnings taxes that has no longer curiously been made by utilising all and sundry, yet they do no longer handle the legal accountability situation. this type of goofy stuff from the IRS is super fodder for the paranoid conspiracy human beings. after all you're able to desire to decide on and you're responsible for investigating your legal responsibilities, so be careful.

2016-12-08 20:19:43 · answer #5 · answered by Anonymous · 0 0

Theoretically, yes.

Practically, no. The government will force you to pay. They will fine you, prosecute you, seize your property and send you to jail. They will not argue about fine legal theory. Appeals courts will not listen.

What we need to do is repeal the 16th Amendment, authorizing the Income Tax.

Fair Tax now!

2006-06-13 10:14:04 · answer #6 · answered by Anonymous · 0 0

It did not start as a manditory. It did not become manditory untill the 1940 era when the govement imposed the taxing of peoples pay checks for them

2006-06-13 09:50:17 · answer #7 · answered by jesss8097 1 · 0 0

Paying income tax is not voluntary. If they owe you money, then you don't HAVE to file and collect it but who the hell wouldn't?

2006-06-13 09:48:29 · answer #8 · answered by Anonymous · 0 0

Well, try not paying your taxes and let us know. Of course, you may not have internet access, depending on which federal prison your in.

2006-06-13 09:49:26 · answer #9 · answered by TC 5 · 0 0

No, you are wrong. You can go ahead and not file, but they'll get you for either tax evasion or tax fraud.

2006-06-13 09:49:34 · answer #10 · answered by Anonymous · 0 0

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