Is it true that there isn't any law on the books that forces and mandates you to pay income taxes?

Question

If there is a law on the books or a supreme court case that made it mandatory for you to pay income taxes, can you please tell me what it is and show me a link. Please show me credible sources if you have any.

What does this article mean?

http://findarticles.com/p/articles/mi_m1571/is_26_17/ai_76698290?lstpn=article_results&lstpc=search&lstpr=external&lstprs=other&lstwid=1&lstwn=search_results&lstwp=body_middle

Is this court case relevant since we live in a system of precedent?

http://freedomlaw.com/harrell.html

Answer 1

There is a law that forces and mandates you to pay income taxes. It is the Internal Revenue Code.

The authority for the passage of income tax laws comes from the Constitution in Article 1, Section 8, which states, "The Congress shall have Power To lay and collect Taxes..." Also, as a clarification, 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." Based upon that authorized power, Congress have passed bills and Presidents have signed into law various income tax acts.

The basis for the current tax laws is from the Internal Revenue Act of 1954. This act provided the structure of the current tax law so that the entire revenue act would not have to passed each year. Over the years since, the act has been amended to reach the current tax laws. The most drastic change was made by the Tax Reform Act of 1986. The Internal Revenue Act of 1954 can be found in the U.S. Statutes at Large, Vol. 68A. The U.S. Statutes at Large can be found in most Federal Depository Libraries. There are probably several in your state.

To make it easy to refer to laws instead of looking them up in the U.S. Statutes at Large, most laws are codified in the U.S. Code. Titles in the U.S. Code that have not been passed by Congress in the form they are written in the U.S. Code are considered prima facie law or evidence of the actual law that was passed by Congress. See USC Title 1, § 204 - http://www.law.cornell.edu/uscode/html/uscode01/usc_sec_01_00000204----000-.html

The Internal Revenue Code is codified in the U.S. Code as Title 26. This is prima facie law. § 1 imposes a tax, § 61 defines gross income, § 62 defines adjusted gross income, and § 63 defines taxable income. § 6011 is the requirement to file a return.
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000001----000-.html
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000061----000-.html
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000062----000-.html
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000063----000-.html
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006011----000-.html
BTW, the Cornell Law website is an unofficial COPY of the U.S. Code. I use it as a reference because the pages are well designed. That does not invalidate anything I have said here because the sections of the actual U.S. Code apply. I say this because another person on YA said that since I used an unofficial source, my argument wasn't valid, which is an erroneous path of logic.

Now, in reference to your two articles. Bob Schulz of "We the People Foundation" is, in my opinion, a con artist. He purports to be working for the people while constantly trolling for donations. His arguments have been proven wrong in court every time. In fact, he is currently not supposed to be promoting any literature on his websites that goes against tax laws. See http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700InjunctionAug2007.pdf
I believe he is currently in violation of that order and I am waiting to see what the government or the court is going to do.

The other article about Gaylon "Whitey" Harrell is about Illinois State Taxes and not about federal income taxes. In fact, Mr. Harrell has been in court numerous times and has lost all but once. The following page has a listing of his more prominent cases. http://tpgurus.wikidot.com/gaylon-harrell

BTW, an acquittal does not mean there isn't a law concerning income taxes. If it did, then the O.J. Simpson acquittal would mean there isn't a law concerning murdering your ex-wife.

Here are some court cases for you. In Schiff v. United States, 919 F.2d 830, 834 (2nd Cir. 1990), the court stated, "The payment of income taxes is not optional ... and the average citizen knows that payment of income taxes is legally required."

In Porcaro v. United States, 84 AFTR2d Par. 99-5547, No. 99-CV-60406-AA (U.S.D.C. E.D. Mich. October 25, 1999), the court stated, "Purportedly in support of his claim, plaintiff submitted a statement along with the Form 1040, in which he argues that no provision of the IRC establishes an income tax ‘liability.’ The plain language of the IRC, however, belies this assertion, stating in section 1 that a tax is ‘hereby IMPOSED on the taxable income of every individual’ (emphasis added). Although plaintiff attempts to distinguish between ‘imposing’ a tax and creating a ‘liability’ for a tax, there is no difference. Every individual has an affirmative duty to pay taxes."

In United States v. Bowers, 920 F.2d 220, 222 (4th Cir. 1990), the court stated, "The statutes themselves require the payment of the tax and the filing of a return. 26 U.S.C. § 6012. ... [The] duty to pay those taxes is manifest on the face of the statutes, without any resort to IRS rules, forms or regulations."

In United States v. Gerads, 999 F.2d 1255 (8th Cir. 1993), cert. den. 510 U.S. 1193 (1994), the court said, "Appellants’ claim that payment of federal income tax is voluntary clearly lacks substance."

In United States v. Hartman, 915 F.Supp. 1227 (M.D.Fla. 1996), the court said, "Any assertion that the payment of income taxes is voluntary is without merit. It is without question that the payment of income taxes is not voluntary. [citations omitted] The assertion that the filing of an income tax return is voluntary is, likewise, frivolous."

I hope that clears things up for you.

Answer 2

All governments have an income tax. Tax is the blood of the government..it pays for the roads, buildings and public services..without it,nations will fall apart. If you stand by what you claim i demand that you cite your source, along with a full length explanation as to why you think that it does say 'income tax is ìllegal' --additional: under the law there really are some individuals that are excluded from paying tax, particularly, those who do not earn enough to pay. Even if the amendment was not ratified universally, i congratulate the 3 bankers for having enough foresight that such a tax is essential. By apportioned, i believe that it means, that everyone pays as well. Although you do have a point that a income tax SHOULD be a portion tax..it IS still tax. It does not change it. How can something that ìs mandated, has its own office to govern it become illegal? Surely, somewhere within the constitution and its additional amendments that created the irs, there is something written there concerning the income tax because otherwise, why would they create laws to persecute those that don't pay?

Answer 3

I see this question every single day. Yes, there are such laws on the books. The entirety of Title 26 of the United States Code concerns the Internal Revenue Service. 26 U.S.C. § 6012 specifically requires people who make more than a certain amount to pay federal income tax.

The Illinois case you reference has no precedential value. The court is only an Illinois trial court, and it is thus not even controlling in Illinois. A case must be reviewed by the appellate division or the state Supreme Court before it becomes anything more than persuasive authority in that state. And state opinions are not binding on the laws of other states nor are they binding on federal courts.

Answer 4

Sections 1 through 1563 of title 26 of the United States Code deal with income taxes. The one you would be most interested is Section 61(a): "gross income means all income from whatever source derived, including (but not limited to) the following items:(1) Compensation for services, including fees, commissions, fringe benefits, and similar items;(2) Gross income derived from business;
(3) Gains derived from dealings in property; (4) Interest;
(5) Rents; (6) Royalties; (7) Dividends;
(8) Alimony and separate maintenance payments;
(9) Annuities; (10) Income from life insurance and endowment contracts; (11) Pensions;
(12) Income from discharge of indebtedness;
(13) Distributive share of partnership gross income;
(14) Income in respect of a decedent; and
(15) Income from an interest in an estate or trust."

Despite the clear language of that statute, a couple in New Hampshire is going to prison for over 5 years because they refused to believe that they have to pay income tax on wages.

Answer 5

The courts have ruled that income taxes are legal and there are those who continue to get jailed because they refuse to pay on the grounds that income taxes are unconstitutional.

Maybe one day a smart lawyer will get the income tax thrown out. Or maybe congress will do something right. Or maybe the courts will do something about this awful mess.
But until that happens, I strongly recommend you pay the income tax. Its the smart thing to do.
I Cr 13;8a

Answer 6

Unfortunately yes there is a law, the 16th amendment gives congress the power to tax your income.

Wartz- He/she asked a question you troll jackass. Not insults.

Ok, you don't believe it is. Well, I'll ask this question. If there was a law that did force and mandate you to pay income taxes, would you still be in favor of it? Or would you still consider it immoral? If you answer yes it is immoral, then I'm right there with you. If they can force it on you or not, it doesn't make it right.

Answer 7

Some say it is unconstitutional and it is not mentioned anywhere (including the 16th Amendment) and the Supreme Court will not pick up related cases for obvious reasons, but since we now allow government agencies such as the IRS to write what amounts to laws and they are enforced as laws, I have to say that is not true.

Answer 8

how about the 16th amendment to 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.

Answer 9

Stay with the fruitcake fringe and you will have nothing but trouble. Your credit rating will be in the toilet when IRS comes after you but if you really go over the top, you can be a famous nut case.

Answer 10

The 16th amendment to the US Constitution