Why do US citizens pay the income tax, which is un-Constitutional?

Question

Yahoo search: "From Freedom to Fascism" and watch the documentary. I think it's time the citizens educate themselves and fight the power the IRS shouldn't have.

And don't tell me the 16th Amendment made it legal, because the Supreme Court says otherwise.

Answer 1

The arguments used by tax protesters, like Aaron Russo, the guy behind "From Freedom to Fascism", are illogical and totally without basis. For a thorough listing of the arguments commonly employed by folks like Mr. Russo and their refutations see:

http://en.wikipedia.org/wiki/Tax_protester_arguments

In particular, the film makes the argument that the 16th Amendment (which authorized the federal income tax) was never properly ratified. Multiple courts have considered the argument and all have rightly rejected it. See, for instance [1].

In short, the income tax is perfectly legal and arguments to the contrary are all baseless, at best. I am not at all sympathetic to people like Messrs. Russo and Schiff, whether or not they found two Congressmen who agreed with them on some points. Not knowing what those members said, or even who they are, I would just point out that Michael Moore likewise interviews two Representatives for Fahrenheit 9/11. Their views, like those of anyone else, are only valuable so far as they comport with reality.

Speaking of the movie's Irwin Schiff, who is now serving his third prison sentence, he filed motions in court claiming insanity, a fact omitted by the movie. Through his lawyer, he argued that his

"consistent and repeated insistence on the lawfulness of his actions and the unlawfulness of the actions of the Internal Revenue Service, the Department of Justice and the various courts in his cases appears to epitomize a rigid belief system as part of a mixed type delusional disorder involving both grandiosity and persecution."

His motion then quotes a psychiatrist who treated him:

"In my professional opinion I felt that the patient did not pay taxes because he was convinced that the law does not require him to do so. I think this is a delusional disorder. He has this thing for a long time but no medication seem to make him believe otherwise. The patient is presently being treated for bipolar depression."

That motion, which is very entertaining to read, is available online [2]. The colloquy between Judge Dorsey and Mr. Schiff on pages 17-21 of the motion is both funny and sad. For more information on Mr. Schiff, see: http://irwinschiffbs.blogspot.com/

In addition to leaving out information on the protagonist's mental condition, the film misrepresents numerous other facts and presents a number of quotes out of context, at one point quoting a judge who ruled against the position that Russo implies he supported. For a sampling see the New York Times article " Facts Refute Filmmaker's Assertions on Income Tax in 'America' " [3].

In general, I think that Jonah Goldberg, contributor to and Editor-at-Large of National Review Online, put it well when he wrote:

I've gotten a lot of traction out of my seemingly banal observation that it is highly improbable that the United States will ever become a Nazi-like or otherwise totalitarian nation. For some reason, this is the sort of obvious statement which strikes lots of folks as shocking or controversial, even though it's only slightly less of a "Well, duh" assertion than saying, "The oceans will not turn into diet Mr. Pibb in our lifetimes."

Lastly, the Supreme Court has in no way ruled the 16th Amendment unconstitutional, which is why you don't quote the passage in question or cite the decision in which it appears. But since almost every United States Court of Appeals has made a blanket statement repudiating tax protester arguments, it's easy for me to do so. Check out United States v. Buckner, 830 F.2d 102 (7th Cir. 1987):

"For the record, we note that the following beliefs, which are stock arguments of the tax protester movement, have not been, nor ever will be, considered 'objectively reasonable' in this circuit:
"(1) the belief that the Sixteenth Amendment to the Constitution was improperly ratified and therefore never came into being;
"(2) the belief that the Sixteenth Amendment is unconstitutional generally;
"(3) the belief that the income tax violates the Takings Clause of the Fifth Amendment;
"(4) the belief that the tax laws are unconstitutional;
"(5) the belief that wages are not income and therefore are not subject to federal income tax laws;
"(6) the belief that filing a tax return violates the privilege against self-incrimination; and
"(7) the belief that Federal Reserve Notes do not constitute cash or income."

Of course, you'll probably give this answer a thumbs down, most likely without even considering its arguments. You will probably do so without reading this beyond the distance needed to determine that I, like 99% of the population, don't accept your arguments. Have fun quaffing the Kool Aid with your tin foil hat!

Answer 2

It's not that the IRS is bad (Pardon me Playing Devil's Advocate) It's the Fact that or taxpayers Dollars sometimes go into the places it need not go due to the Neglect, Corruption and Mismanagement of the American Government For the Amazing amount of money we spend on defense, we still don't have an adequate Health Care System that all people can afford.We still have the sickening addiction to Foreign Oil , We have a shortage of jobs and businesses due to any worthwhile job being sent overseas...the list could go on and on. So it's not the fact that the money is being collected...it's what Our Government is doing with it...Hold your elected officials accountable so that there is a decent Budget plan that inproves the quality of life for all

Answer 3

Because they'll be thrown in jail if they don't (or prison). There a handful of people out there who argue it is unconstitutional, however, there is plenty of precedent stating otherwise. There have been tax protesters ever since tax laws came about and there will continue to be. Additionally, despite being criminals, I think tax protesters are also un-American by not being willing to support their country, their communities, and the citizens. If you're not paying taxes all you can hope for is that you don't get caught before you die. Good luck.

Answer 4

The Supreme Court said that the 16th Amendment gave "no new powers of taxation" because Congress already had those powers. The 16th Amendment only removed the apportionment clause.

Don't pay your taxes and see what happens. Mr. Snipes is going to find out the hard way about criminal tax evasion.

Answer 5

Well, the 16th Amedment DID make it legal. The 16th Amendment was passed in 1913. The last time the Supreme Court ruled on the constitutionality of the income tax was 1895. Since it hasn't been successfully challenged in court since then, there is nothing illegal about it.

Answer 6

Obviously, people need to research legal and illegal. The Income Tax would be fine and dandy, if it were equally applied. What makes it Un-Constitutional, is its existence coinciding with OTHER taxes, which admittedly come from a person's Income. First, to tax mybi-weekly income, BEFORE I even get my check, is TAKING TAXES, not PAYING them. Second, since I "paid" city, state and federal income taxes BEFORE I get my check, then why pay other taxes on necessities, such as water, food, utilities, rent, etc...? That is an additional tax on my income....which is double-dipping. The "sales" tax is actually an additional tax on a person's income, plain and simple. Since it is unfair to tax my income TWICE...before and AFTER I get it, then that fits my definition of unconsitutional. Logic and commons sense dictate that, if you tax someone's income before they even receive it, then you should not tax necessities. Tax entertainment and other perks all you want, but leave food, clothes, gas, utitlites and the stuff needed to enjoy EVERY DAY LIFE, alone. We need to focus and create a flat tax rate for each of the classes that exist in the United States. Those 5% who own 90% of the wealth get a higher tax rate. The working class get a lower one, and the poor even lower. Makes a lot more sense than the idiocy we have now.

Answer 7

I was under the impression income tax is constitutional, following the "no taxation without representation" thing. We're represented (representatives and senators), so they can tax us.

How 'bout this. You don't pay the IRS the unconstitutional income taxes this year, and get on here and let us know how it works out for you. Then I'll do it.

Answer 8

Stop paying it and see what happens. Maybe after 15 years of legal battles, you'll get through to the Supreme Court. Then, when they declare the Income Tax Unconstitutional, get ready to pay a 30% VAT for the rest of your life.

Answer 9

Repeal the 16th Amendment!

Enact the Fair Tax HR 25!

Answer 10

You are right. It's un-Constitutional and actually illegal.
BUT, everyone that's tried to fight it and refused to pay their taxes, ended up losing everything they owned. Some ended up in prison.
To end up in prison to prove that one is right, isn't worth it.
Good question.