The 16th Amendment to the Constitution reinforced Congress's ability to lay an income tax. Congress actually had the ability all along, but the 16th amendment was specifically written to clarify that fact due to some late 19th century court cases.
Arguments that say the 16th Amendment was never properly ratified are specious and without merit. There have been hundreds, if not thousands of court cases since the early eighties. To the best of my knowledge, the people who claim the income tax is illegal have lost every single one.
Since the 16th Amendment gives Congress the power to lay an income tax, Title 26 is the actual law that states an individual must pay a tax on income. The specific page is at http://www.law.cornell.edu/uscode/26/usc_sec_26_00000001----000-.html
Good luck,
2007-05-30 16:06:48
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answer #1
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answered by NGC6205 7
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Title 26 of the US Code. Here's a link: http://www.law.cornell.edu/uscode/26/usc_sup_01_26.html
The 16th Amendment didn't institute an income tax, contrary to what many people think. It only changed the treatment of income taxes to that of an "indirect" tax. Prior to the 16th Amendment, income taxes were considered "direct" taxes and direct taxes must be apportioned among the several states according to The Constitution.
All laws draw their authority from The Constitution. The Constitution granted the right to Congress to raise income via taxes and other levies. Congress has always had the authority to pass tax legislation, including income taxes. The only change instituted by the 16th Amendment was the treatment of income taxes as indirect taxes.
The rubes who claim that the 16th Amendment was never ratified or that there is no law authorizing the levy of income taxes are clueless simpletons who refuse to face facts. There are law libraries full of legislation AND case law that says otherwise.
They will often point to court rulings that pre-date the 16th Amendment but forget that the 16th Amendment voided those rulings.
Or they will point to cases that they claim state that income taxes are illegal but if you actually look up the court records on the cases they mention you'll discover that they either mis-read the case OR they're simply lying about what the decision said.
At least one group like to point to a case in Illinois a few years ago regarding a STATE tax evasion case where the accused managed a non-guilty verdict claiming that IL law didn't state he didn't have to pay taxes. Of course, they forget to tell you that that was a STATE tax case, NOT a FEDERAL tax case.
The fact that they have to resort to smoke and mirrors, obfuscation or outright misstatement of fact to "prove" their point pretty much debunks anything that they have to say. One of the worst offenders is the clown that put up a website called Freedom to Fascism (referenced by another clueless poster) claiming that there is no law requiring Americans to pay income taxes. He's under indictment to stop advertising his tax scams -- probably why he now asks for donations instead of selling his scams.
2007-05-29 09:54:51
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answer #2
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answered by Bostonian In MO 7
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modification XVI (1913) The Congress shall have potential to place and deliver at the same time taxes on earning, from despite source derived, with out apportionment between diverse States, and with out regard to any census or enumeration. no count if it somewhat is contained in the form, it somewhat is regulation...regrettably. EDIT: Caitlin, please study the form. The Wilson administration further it as an modification in 1913. yet this modification could be bumped off at any time. they are turning out to be rid of countless amendments over the years. Does Prohibition of alcohol strike a chord? i'm a Libertarian, and that i make it completely sparkling, daily of my existence, that i think of Federal earnings Tax and the IRS must be abolished. they're pointless (the tax exchange into further to pay off a conflict debt...supposedly). I nevertheless pay them, although, because of the fact i don't sense the could desire to be thrown contained in the clink with hardened criminals.
2016-10-06 06:20:49
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answer #3
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answered by ? 4
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Didn't we just see this question the other day? Wayne's right. Pay your taxes, quit complaining, and be glad you live in a country where you have rights and the gov't cares enough to at least make an attempt to help its people.
As a note to the poster below me: They can and they will lay claim to your property in lieu of your payment. It's called a lein. They can and they will take your wages, seize assets, or any other property. It's called a levy. They can and they will come after you eventually. And they can and they will put you in jail. I've seen it. I work with strictly delinquent filers/payers, examinations, audits, and criminal cases, and believe me, they do it every day.
2007-05-29 08:40:20
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answer #4
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answered by starlight_chic06 3
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There is no law that requires an individual American to pay Federal Income taxes. If there were I would be in jail along with 60-something million other Americans who don't file and aren't in jail. Even more so, if it were true that I personally was required to pay income taxes then the IRS would seize my properties and assets. Even according the IRS's own regulations they do not have the authority to take your personal property for failure to comply to what they term a "voluntary" tax.
I still maintain posession of all my properties and all my assets. I really don't care if someone else wants to pay income taxes. If you don't want your money the IRS and the owners of the Federal Reserve will gladly take it off your hands. As for me, I'll keep my money - you do what you will.
2007-05-29 09:16:02
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answer #5
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answered by Anonymous
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While "force" is a rather inappropriate word, here is the law.....
http://www4.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26.html
Title 26 - Internal Revenue Code
Don't fall in to one of the tax protester arguments. File your returns and pay you taxes. In the long run, you will be much better off.
2007-05-29 07:11:14
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answer #6
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answered by Wayne Z 7
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There is no such law, that particular amendment to the constitution was never ratified. IRS was created after to intimidate US citizens into paying the tax. You ARE a SOVEREIGN citizen of the State you live and must pay state tax. Also according to the LAW, the Secretary of the Treasury is the one to ascertain your tax liability. Only Federal employees, appointees, those that live in Federal Districts, Military, US Possessions, and Folks in Federal Reservations, and Federal Enclaves are to pay Federal Tax. Whew! Took me a number of years to find all this. Check it out.
2007-05-29 06:59:51
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answer #7
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answered by devil dogs 4
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If you really have an open mind about this, the information at the links below will convince you.
2007-05-29 12:57:58
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answer #8
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answered by TaxGuru 4
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