IRS Form 1040 violates the federal Paperwork Reduction Act (PRA) and is therefore a legally invalid form. Under the Public Protection clause of the PRA, no person can be penalized for failing to file a 1040 if the IRS fails to fully comply with the PRA.
The IRS Individual Form 1040 has not and cannot comply with the requirements of the PRA because no existing statute authorizes the IRS to impose or collect the federal income tax from individuals. That lack of bona fide authority makes it impossible for IRS to avoid violating the PRA. IRS Form 1040 has not had a valid OMB(Office of Management and Budget) control number since 1982.
2006-11-02 02:54:28 · 12 answers · asked by big-brother 3 in Politics & Government ➔ Politics
Section 3512 of the PRA, titled “Public Protection” reads as follows:
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter [44 USCS § § 3501 et seq.] if--
(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter [44 USCS § § 3501 et seq.]; or
(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
2006-11-02 02:54:47 · update #1
None of you could prove me wrong. PLEASE READ SECTION (B).
On May 12, 2006 in Peoria, Illinois, the attorney for the U.S. Department of Justice (DOJ) begged the court to dismiss all charges against IRS victim Robert Lawrence in federal District Court.
The motion for dismissal came on the heels of a surprise tactic by Lawrence ’s defense attorney Oscar Stilley.
The tactic threatened exposure of IRS’s on-going efforts to defraud the public. The move put DOJ attorneys in a state of panic that left them with only one alternative: beg for dismissal, with prejudice.
Stilley’s tactic paid off. Sixty days earlier, the DOJ had indicted Lawrence on three counts of willful failure to file a 1040 form, and three felony counts of income tax evasion. The federal Judge dismissed all charges with prejudice, meaning the DOJ cannot charge Lawrence with those crimes again.
2006-11-02 23:09:53 · update #2
The DOJ knew that it stood a significant chance of losing the case, and if that happened, the press and others would quickly spread the word, and leave only fools to ever file a 1040 again. Oscar Stilley’s pleadings and documents made these points quite clear:
IRS Form 1040 violates the federal Paperwork Reduction Act (PRA) and is therefore a legally invalid form.
Under the Public Protection clause of the PRA, no person can be penalized for failing to file a 1040 if the IRS fails to fully comply with the PRA.
The PRA statutes explicitly provide that a PRA challenge is a complete defense and can be raised in any administrative or judicial proceeding.
The IRS Individual Form 1040 has not and cannot comply with the requirements of the PRA because no existing statute authorizes the IRS to impose or collect the federal income tax from individuals. That lack of bona fide authority makes it impossible for IRS to avoid violating the PRA.
THIS IS REAL THIS IS TRUTH
2006-11-02 23:11:28 · update #3
Sure. Start with Title 26 of the US Code. Passed by Congress over the past 90 years. Under authority of the 16th Amendment, ratified in 1913, and confirmed by the US Supreme Court as being ratified in 1916. See the dozen other posts on that subject for details. US Code Title 26 authorizes the Department of the Treasury to collect personal income taxes. The IRS is their enforcement arm.
Next, violation of the PRA does not alleviate tax liability. Read 44 USC 3501 and 44 USC 3518. Nothing in the PRA reduces the authority of any govt agency to carry out their functions or impedes their ability to assess civil or criminal liability. Read 44 USC 3506-08 Nothing the PRA limits an agency's authority to collect information necessary for those functions.
Third, the Public Protection clause (44 USC 3512) states in relevant part that a person cannot be penalized for refusing to fill out forms that do not include a proper control number. However, even if the form does not include such a control number (I haven't checked) no penalty is being imposed under the PRA and no penalty is being imposed for refusing to provide the information discussed in the PRA. So section 3512 doesn't apply. Not to mention that filling out form 1040 by itself is a voluntary process, and thus not subject to the PRA.
Title 26 Section 1 imposes tax liability. Title 26 Section 601 et seq sets forth reporting requirements. If a person does not voluntarily assess their own tax, the govt will perform the tax assessment. This is independent of what forms are used.
So, regardless of your arguments about the PRA, that doesn't affect a person's tax liability. See the IRS website and dozens of federal tax evasion cases for further details.
2006-11-05 06:40:55 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
your premise is flawed, but in fact, you can get out of paying federal taxes.
You must have yourself emancipated from the federal government and declare yourself a citizen of whatever state you are residing in. You would have no social security number and would not be able to get grants or government programs such as social security or guaranteed student loans and the like.
2006-11-02 03:53:44 · answer #2 · answered by gogo790 4 · 0⤊ 0⤋
Yeah, good luck with that.
Go ahead and not file-- the IRS will evenutally come after you. People have tried the whole thing around-- taxes are illegal. They've gotten busted.
Besides, even if you don't file a 1040, you may still owe taxes. If they figure you owe taxes, you do.
2006-11-02 03:00:20 · answer #3 · answered by dapixelator 6 · 2⤊ 1⤋
From the US Constitution
"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."
2006-11-02 03:06:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes. Why don't you stop paying income taxes, and mail something to the IRS saying you think they're illegally taking your money.
If you're NOT charged, arrested, arraigned or convicted and fined, then I'll consider you might be right. Until then...
2006-11-02 03:05:00 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Sure, I don't NEED to pay taxes. I don't NEED to be a free man. I don't NEED to live outside a jail cell. They will arrest you if you don't pay your taxes. You may present your case to them, but I think out of all the millions of people that pay taxes, someone would have figured out if there is a loop hole that works. You could just become Exxon Mobil, I think they get huge tax rebates that cancel out their paid taxes.
2006-11-02 03:08:02 · answer #6 · answered by Take it from Toby 7 · 1⤊ 0⤋
Yes...I can prove you wrong. The law says you have to pay. Don't be duped like so many others. Your argument would not stand in any court in this country. Get a life!
2006-11-02 03:10:38 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I totally agree. But if I don't file, I won't get my tax return money.
2006-11-02 03:19:41 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You don't have to pay your tithes at church either. But the church runs so much smoother if you do.
2006-11-02 03:01:44 · answer #9 · answered by Overt Operative 6 · 2⤊ 1⤋
I do not need to prove you wrong, the IRS will when you are in handcuffs headed for lock-up.
2006-11-02 02:57:01 · answer #10 · answered by daydoom 5 · 3⤊ 3⤋