Yes, the income tax is lawful.
Article 1, Section 8 of the Constitution states, in part, "The Congress shall have Power To lay and collect Taxes,..."
Article 1, Section 9 of the Constitution states, in part, "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken." This is where the argument begins. Direct taxes are poll or "head" taxes and taxes on land. Economists define direct taxes as taxes that cannot be shifted from on payer to another. Most people assume income taxes are direct taxes when in a Constitutional sense they are not. If a person follows court cases properly, they will find that NOT ONE court has ever declared that taxes on income a person receives as a wage was a direct tax. However, even assuming the income tax is a direct tax that would have to be apportioned to be compliant with Article 1, Section 9, the 16th amendment removed that requirement. The 16th amendment states, "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."
Some people claim the 16th amendment wasn't properly ratified. Over the past 94 years, no court has accepted this argument. Anyway, once an amendment is declared properly ratified by the proper authorities, the courts cannot magically declare it wasn't. Therefore, the 16th amendment is now a part of the Constitution and it will take another amendment to be passed by Congress and ratified by the states to remove it.
The income tax laws were passed by Congress and signed into law by a President. These laws are codified in Title 26 of the U.S. Code. http://www.law.cornell.edu/uscode/uscode26/usc_sup_01_26.html
Where does the money go? It goes into the general fund to pay for items on the U.S. Budget.
You may have read or heard a conspiracy theory that claims that all income tax dollars go to pay the interest on the Government debt. This is false. Let's go through the numbers. The U.S. Government debt is currently $9 trillion. Total income taxes collected in 2006 was $1.04 trillion. That is only individual income taxes, it does not include social security, medicare or even corporate income taxes. In order for all of our taxes to go to pay for interest on the debt, the interest rate would have to be 11.6%. It is not even close to that. Currently, the interest rate on the debt is approximately 4.7%.
Some people claim that all of our income taxes go to pay interest on the debt held by the Federal Reserve. This is also false. First, the Federal Reserve only holds about $800 billion of the U.S. Government debt. Another $3.9 trillion or so is held by the U.S. GOVERNMENT! Yes, the government loans money to itself. Only about $4.4 trillion of the debt is held by the public, corporations and foreign governments. Also, the Federal Reserve is required BY LAW to return profits to the U.S. Treasury. This can clearly be seen on the AUDITED FINANCIAL STATEMENTS of the Federal Reserve Board and Banks. These audited financial statements are part of the Federal Reserve's ANNUAL REPORTS to Congress.
http://www.federalreserve.gov/boarddocs/rptcongress/
http://www.federalreserve.gov/boarddocs/rptcongress/annual06/default.htm
http://www.federalreserve.gov/boarddocs/rptcongress/annual06/pdf/audits.pdf
On the last link above, go to page 23. Under interest income, anyone can see that the Federal Reserve collected a little over $36 billion in interest income on U.S. government securities (U.S. debt instruments). Farther down the page, under "distribution of net income", anyone who cares to look, can see a payment of a little over $29 billion to the U.S. Treasury.
2007-09-21 01:12:04
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answer #1
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answered by NGC6205 7
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Taxes
2007-09-21 00:49:29
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answer #2
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answered by jwburton3 3
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Of course it's lawful! There is NO way that the government could levy an illegal tax. (There are some Tax Kook idiots who argue otherwise but they are batting .000 when it comes to their claims -- that should close the door on that stupidity for anyone with half of a brain.)
The money goes to the US Treasury, into the General Fund, to be used as Congress directs.
2007-09-20 22:59:12
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answer #3
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answered by Bostonian In MO 7
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earnings tax; a extra flatter,yet by some potential extra progressive one. because of the fact this is poorer volk like me whom ought to apply the main of besides the fact that money I make from paintings in basic terms to purchase the necessaries of existence anyhow. additionally because of the fact revenues taxes tend to do away with extra proportion of earnings from the poorer contributors of our society than the great-prosperous idlers whom in basic terms stay off their investments made with the aid of their ancestors 5 generations in the past. not anybody is sensible sufficient to pass to college U comprehend!
2016-11-06 00:39:14
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answer #4
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answered by Anonymous
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to fund the infrastructure you use every day, to fund the police whose job it is to protect you, to help the poor, to fund education, national defense, the list goes on,
tax is a necessary part of a society, whether or not income tax is unconsitutional, it is a necessity for organisation.
2007-09-20 19:51:10
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answer #5
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answered by Anonymous
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Yes.
2016-12-12 20:39:16
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answer #6
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answered by Anonymous
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Instead of wasting your time and energy of this question, why not spend time on improving your career opportunities.
Once you start making enough money, this question won't trouble you.
2007-09-20 21:21:18
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answer #7
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answered by MukatA 6
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"is the income tax lawful" Have you noticed that people go to jail after being convicted of evasion? Duh!
2007-09-21 05:25:27
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answer #8
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answered by Anonymous
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