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.
2006-11-05
04:35:58
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14 answers
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asked by
big-brother
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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.
2006-11-05
04:36:16 ·
update #1
The PRA statutes explicitly provide that a PRA challenge is a complete defense and can be raised in any administrative or judicial proceeding.
2006-11-05
04:37:07 ·
update #2
"Sway 26" If you read the supreme court decision on the 16th you will find that it enumerates no new rights to taxation.
2006-11-05
04:44:17 ·
update #3
"crissymm5" we actually see no benefits from the income tax. 100% of it goes to pay down the debt.
2006-11-05
04:45:14 ·
update #4
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.
2006-11-05
04:49:29 ·
update #5
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.
SORRY ABOUT THE LENGTH
2006-11-05
04:50:26 ·
update #6
Income taxes are unconstitutional. The 16th amendment is unconstitutional the whole damn deal of the federal reserve is unconstitutional. The graveyard congress votes of 1913 should be unconstitutional.
We'd rather quarrel about the right to kill babies or the right of the President to protect us from islamic extremists though instead of the real attacks against the Constitution.
Iwrin Schiff doesn't pay income taxes and he fought with the federal government in court and won... Trouble is do you have the resources to fight the feds? I don't..... I also hold a CDL license which is a privilege of a tax paying citizen.
2006-11-05 04:50:46
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answer #1
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answered by noobienoob2000 4
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Regardless of whether or not you find a loophole in the tax code, it would be patently irresponsible for us as Americans - or any tax paying citizens in the world - to try not to pay our burden of the income tax. As a mother of three, I can see how they rely on the benefits derived from the taxes i personally pay into the system. But hey, if you don't like decent roads, schools, plumbing, public water works, police protection, the services of the firemen, or any of the other public works that our taxes go into, stop paying. Go to jail. Who do you think is in power right now? The people who are concerned with money. They will not forget your generous contribution.
2006-11-05 04:42:06
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answer #2
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answered by crissymm5 4
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You don't have to file a 1040. You do have to pay taxes. If you don't file, the gov't will assess you for the taxes it beleives you owe, and you can be sure they won't be looking out for all the deductions and credits you are entitled to.
So when will you be sueing the federal gov't?
2006-11-05 04:45:58
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answer #3
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answered by Uncle Pennybags 7
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My advice is pay. You maybe can get out of paying state taxes, but I wouldn't try to avoid the feds. as for paperwork reduction some see it as a small task others see it as complicated and confusing a big headache.
2006-11-05 04:59:22
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answer #4
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answered by longroad 5
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umm. No because you can file electronically, online etc. You can't get around that. Nice try though.
A better try would be to simply not pay it,in protest, like the War Resisters' League does.
Find out more at http://www.warresisters.org/wtr_menu.htm
2006-11-05 04:45:57
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answer #5
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answered by joannaserah 6
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While it is true that the income tax is invalid and always has been you will likely find yourself in the company of Linden LaRouche if you do not file at least every four years.
2006-11-05 04:44:00
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answer #6
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answered by Tommy G. 5
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Come on, now, you know you can't outsmart the IRS!! They always have a loophole. Since you can still file 'paperless' via electronic filing, you are not exempt from filing. I wouldn't try it. It'll only backfire on you. Their penalties are steep.
2006-11-05 04:39:46
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answer #7
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answered by Lelani 2
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Of that 40 8%, approximately 50% of those are babies or elderly Social protection retirees and disabled Social protection incapacity recipients who have no taxable earnings. practically all something are low earnings families who earn too little to owe any federal earnings tax. Their earnings is so low that they won't feed their childrens if additionally they had to fork over 10% to 20-5% of their earnings in taxes. you could no longer extract blood from a stone, regardless of each little thing. basically a tiny share are scoff-rules and tax cheats or perhaps a tinier share who've intense ranges of non-taxable earnings including from municipal bonds.
2016-11-27 20:17:57
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answer #8
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answered by ? 4
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See the 16th Amendment of the Costitution.
2006-11-05 04:41:11
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answer #9
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answered by Anonymous
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Wouldn't break my heart if we could get rid of the IRS altogether.
2006-11-05 04:50:56
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answer #10
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answered by ? 7
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