How did he get away with this? There is no law to pay INCOME TAX?

Question

http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=2007707130321

Jake, what, exactly, am I wrong about?

What statements have I made that are in error? Please elaborate.

I have ASKED two questions, and posted a link to a mainstream news article.

Where am I wrong?

Answer 1

hes not the only one. there are many people doing the same right now. the law calls it voluntary. edit: the rebutle is interesting, however what you show us with the link is accurate as well. last week i met with a former cia agent who claims he has not paid in many years . this guy is credable, i know him prety good. his brother is my best friend. in addition you can find much to support your article on the internet.

Answer 2

He only "got away with this" until the losing side appeals to a higher court. It is not unusual for a case to go to one court, have a ruling one way, and get appealed.

It does not matter who wins or loses, if the other side can appeal. A case can go all the way to the US Supreme Court, where they can rule, or refuse to hear it, in which case what stands is the last highest court to have ruled on the case.

You are mistaken in your second question, just as I believe the guy cited in the article was. In most countries of the world, laws are passed to enact a system of income taxes.

Now there are people who argue that the constitution did not give the legislature authority to do this, and they refuse to pay their taxes. There have been numerous cases that went high up in the court systems that these people ultimately lost.

This guy has not yet lost, but I predict that he will through the appeal process, as have many other people before him.

It does not deter other people from trying the same thing.

It is like a conspiracy theory. There are people who do not care what the US Supreme Court says, what the tax authorities say, what the Legislature did, they have their own ideas about the constitution and the laws.

Here's income tax 101
http://taxes.about.com/od/taxplanning/a/taxbasics.htm
http://www.taxsites.com/

A history of income tax in the USA
http://www.infoplease.com/ipa/A0005921.html

Here's link to one of the people making legal arguement that income taxing is illegal or against the constitution.
http://www.wethepeoplefoundation.org/MISC/Cryer/CryerInitialAnnouncement.htm

The 16th amendment to the US constitution authorized income taxes,
http://www.ourdocuments.gov/doc.php?flash=true&doc=57

Some people claim that US states that joined the USA before that amendment, are somehow not covered by amendments that we think apply to the entire USA. We can go further, and perhaps claim that some states of the USA are not really part of the USA.
http://www.straightdope.com/classics/a5_127.html

Answer 3

I know exactly how he beat the criminal charge of "willful failure to file". In criminal law, the burden of proof to establish "willfulness" is on the prosecution. The prosecution has to prove the defendant knew they were breaking the law. It is most likely, in this case and a few others like it, that the jury doubted the defendant absolutely knew they were in violation of the law.

However, that does not hold up in civil proceedings. In a civil trial, the burden of proof is much lighter as far as being 'willful' is concerned. The IRS has lost a few criminal cases against tax protestors, but they are almost perfect in their civil cases against tax protestors. Trust me, civil filings will be following soon, if they haven't already been filed.

BTW, the law governing income taxes is Title 26 of the U.S. Code. http://www.law.cornell.edu/uscode/uscode26/usc_sup_01_26.html

The 16th amendment was properly ratified. That's a moot point now anyway. It is now a part of the Constitution and it will take an act of Congress and ratification by the states in order to repeal it.

Answer 4

Yes there is. The Sixteenth Amendment to the Constitution gives Congress the authority to impose income tax on any type of income. You can bet that this court decision is going to be reviewed by the Supreme Court.

Check out the following link:

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

Answer 5

The law is very very fuzy! The 16th Amendment to the Constitution was really never ratified and the determination was not defined well enough to draw conclusions. The IRS is a private organization and yet we continue to pay on labor, which is not profit!

Answer 6

Al Capone got sent away for tax evasion.

It sounds like this guy is a pretty slick lawyer and must have had a friendly jury.

Answer 7

Yes it is the truth BUT the IRS does not work within the Constitution. To them you are GUILTY and must prove your INNOCENCES. And the real kick is that YOU NEVER GET TO GO TO ANY COURT ABOUT IT!! They just take your $$ with out a court saying anything about it!!

Answer 8

Good question. His thesis about taxability has repeatedly been rejected by the courts.

Answer 9

I think that you're wrong. Do you need proof? Refuse to pay your taxes and see what happens

Answer 10

Good for him.