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16th Amendment

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.

2006-10-20 16:35:39 · answer #1 · answered by Chainsaw 6 · 0 0

Title 26 United States Code Section 1

2006-10-20 23:37:25 · answer #2 · answered by RLP 3 · 0 0

You are looking for the 16th Amendment.

In the original Constitution the founding fathers wanted to keep the Federal Government weak so they made an Income Tax illegal! The Sixteenth Amendment made the distinction between a direct tax and an indirect tax constitutionally irrelevant with respect to the apportionment of income taxes by removing the apportionment requirement for income taxes.

According to Wikipedia: http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States_Constitution
"Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. The amendment states: 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."

The Constitution states: http://en.wikipedia.org/wiki/Sixteenth_Amendment_to_the_United_States_Constitution
"The U.S. Constitution provides (in part):

The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises [ . . . ] but all Duties, Imposts and Excises shall be uniform throughout the United States [ . . . ][1]
The Constitution also provides (in part):

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers [ . . . . ][2]
The Constitution further provides:

No Capitation, or other direct, Tax shall be laid, unless in proportion to the Census or Enumeration herein before directed to be taken"

In another words the US Constitution says there will be NO DRECT TAX, taxes should only be based on the Census

To further complicate the issue the interpolations of the Supreme Court have changed over time on the issue. They have been against, for, allowed no exceptions, and then allowed exceptions in the District of Columbia.

In the case of Pollock v. Farmers' Loan & Trust Co. the Supreme Court ruled that income tax on property was unconstitutional. The 16th Amendment over rides the case of Pollock.

In the case of Brushaber v. Union Pacific Railroad the Supreme Court said that the 16th Amendment did not give the Congress the power to lay an income tax, it already had that power. Instead it only lifted the requirement that the tax should be based on a census.

In the case of Commissioner v. Glenshaw Glass Co the Supreme Court said that “any increase in wealth—whether through wages, benefits, bonuses, sale of stock or other property at a profit, bets won, lucky finds, awards of punitive damages in a lawsuit, qui tam actions—are all within the definition of income.”

Thus making the modern inturpertation held by the IRS “Income Tax is leveyed on all world wide income.”

Thanks to the cases of Murphy v. Internal Revenue Service[13] and United States [Murphy v. United States tax, as income, a recovery for a non-physical personal injury for mental distress and loss of reputation not received in lieu of taxable income such as lost wages or earnings, but this is only valid in the District of Columbia.

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According to Wikipedia: http://en.wikipedia.org/wiki/The_Law_That_Never_Was
“The Law That Never Was: The fraud of the 16th Amendment and personal income tax is a 1985 book by William J. Benson and Martin J. ("Red") Beckman which claims that the Sixteenth Amendment to the United States Constitution - commonly known as the income tax amendment - was never properly ratified.”

This argument is based on: “the contention that the legislatures of various states passed bills of ratification with different capitalization, spelling of words, or punctuation marks (e.g. semi-colons instead of commas). Another argument made by some tax protesters is that because Congress did not pass an official proclamation recognizing Ohio's year 1803 admission to statehood until 1953 (see Ohio Constitution), Ohio was not a state until 1953. Therefore, they argue, the Sixteenth Amendment was not properly ratified. These arguments have been universally rejected by the courts.”

So no there are not loopholes or paperwork that you can file that will make you exempt from Federal Income Taxes.

2006-10-20 23:40:03 · answer #3 · answered by Dan S 7 · 1 0

there is no law that requires americans to pay income tax ... the current federal reserve system that taxes the bajeebers out of us was formed under the guise of deceit by an act of congress in 1913 ...

2006-10-20 23:50:02 · answer #4 · answered by Anonymous · 0 1

its called guns and prison, after the civil war and it was proved that the federal government could and would use its force to stop states from using thier rights given under the constitution,

The states ahve been powerless to stop the adding of 100's of thousands of Federal laws that are unconsitutional since they are not rights given to the feds

2006-10-20 23:36:18 · answer #5 · answered by Anonymous · 0 0

The federal tax system is a voluntary system not to many people know that, there is supposedly a way to opt out if you fill out certain paper work to that office!

2006-10-20 23:39:49 · answer #6 · answered by no one here gets out alive 6 · 0 1

I think it started after WW1 thats when the government started withholding money from our paychecks.

2006-10-20 23:35:15 · answer #7 · answered by GloryDays49ers 3 · 0 0

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