Talk:Tax protester arguments/Archive 1
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Archive 1 |
Overly long again
This article has already reached 59k - I propose splitting it into 3 sub-articles, one on the constitutional arguments (e.g. 16th Amendment is invalid; 1st/5th/14th says I don't have to pay; TONA); a second on the statutory arguments (e.g. "no statute says I have to pay a tax on wages"; OMB control number; the 861 arg.); and a third argument for general wackiness (e.g. I don't have to pay taxes because the court spells my name in ALL CAPITAL LETTERS and the like). bd2412 T 20:30, 25 July 2006 (UTC)
- Dear fellow editors: I agree with BD2412, because this topic (just the tax protester arguments) can still stand some more expansion. We haven't even yet incorporated all the main arguments -- such as the "income tax is voluntary" argument (which is a variation on the "there is no law requiring me to pay or file" argument, but based on a different theory). Yours, Famspear 20:38, 25 July 2006 (UTC)
- Done - should be easier to break each down now. bd2412 T 03:08, 26 July 2006 (UTC)
Major format changes
Due to the major format change, we should make sure we have updated all the What links here links. I'd also like to note that I think we should change the format slightly. Remove the bullets and turn them into paragraphs. Change the numbers sections to headers and add a "main" tag to link to the page. Morphh 18:38, 26 July 2006 (UTC)
- I'll be glad to check all the "what links here" stuff. Does anybody want to handle the other stuff? Yours, Famspear 21:18, 26 July 2006 (UTC)
- Now that we have umpteen Tax Protester pages, I was actually thinking of putting together a template to link them all. bd2412 T 21:26, 26 July 2006 (UTC)
- I'll be glad to check all the "what links here" stuff. Does anybody want to handle the other stuff? Yours, Famspear 21:18, 26 July 2006 (UTC)
- Dear BD2412: Well, will a template get me lots of hot dates with sexy Italian chicks? Oh, wait a minute, my spousal unit at home would never go for that. Seriously, I'm gonna show my ignorance here: I don't know how a template works or what it does, but I trust your judgment. Go for it! Yours, Famspear 22:06, 26 July 2006 (UTC)
- Ok.. Made the changes - While I think the other format looked great, I think this follows wikipedia's higher standards. Wikilinks in titles and bullets do not fair to well on GA or FA review. The paragraphs should probably be flushed out a little more to provide a better summary of the main article. Morphh 02:30, 27 July 2006 (UTC)
- We're also in need of references on these articles. Morphh 13:20, 27 July 2006 (UTC)
- Ok.. Made the changes - While I think the other format looked great, I think this follows wikipedia's higher standards. Wikilinks in titles and bullets do not fair to well on GA or FA review. The paragraphs should probably be flushed out a little more to provide a better summary of the main article. Morphh 02:30, 27 July 2006 (UTC)
On additional references in the articles, any specific suggestions? Yours, Famspear 14:55, 27 July 2006 (UTC)
- I don't have any specific suggestions. Books, Internet articles, Magazines... something that says this information is valid and can be verified here. I'll add some fact tags and perhaps we can fill some in. Delete them if you think it does not require a source. Morphh 20:39, 27 July 2006 (UTC)
Dear Morphh: In my view, the fact tags are not needed. If we try to add even more citations where you have added the tags, we're just duplicating the citations in the related articles to which links have already been provided. What we can do is be more specific in the articles about which of the categories of fallacies, etc., is covered by each given example. The four related articles, on tax protester "history," "constitutional arguments," "statutory arguments," and "general conspiracy arguments" already contain (what I view at least) as massive amounts of citations to Primary authority. I think you would be hard pressed to find other articles in Wikipedia, even in the legal area, that are as extensively sourced as these articles.
Further, the tag placed at the end of this article is attached to a quotation (in quotation marks) directly preceded by a specific citation to the Arkansas case from which the quotation. This is a classic example of a "sourced" statement -- a direct quote, in quotation marks, with a citation to the source.
Your thoughts? Yours, Famspear 02:06, 28 July 2006 (UTC)
- Dear fellow editors. I went ahead and removed the rest of the tags and replaced them with references to the materials already covered in the articles. It seems a bit duplicative to me, as the article already contains links to the related articles on constitutional, statutory and conspiracy arguments -- but I've tried to keep the references in this article brief. In my opinion we just don't want the articles to be overly repetitive. Yours, Famspear 15:02, 28 July 2006 (UTC)
- It is the general view that articles may not rely on other Wikipedia articles for verifiability. Suppose that article A relies extensively on certain cases that are cited in article B, and so linked. A later edit to Article B replaces those cases with others, and the citations in question are removed. Article A now has no citations, and neither an editor of A nor an editor of B will necessarily know that fact. Robert A.West (Talk) 03:21, 9 September 2006 (UTC)
New court ruling
I don't have time to review this and make the edits right now so I thought I would post and perhaps someone can if there is anything worth including Court ruling shakes ground under IRS. Morphh 14:53, 30 August 2006 (UTC)
- Yes, that article is talking about the Murphy decision (August 22, 2006, in the U.S. Court of Appeals for the District of Columbia Circuit) discussed at Tax protester constitutional arguments and Sixteenth Amendment to the United States Constitution. Murphy is remarkable in that the court actually went against the grain of the mainstream of court decisions on what is "income" -- especially since the famous U.S. Supreme Court decision in Commissioner v. Glenshaw Glass Co. No tax protester arguments were made in the Murphy case, and the case will almost surely be of no help to tax protesters. What the court basically ruled was that a recovery of damages for a personal injury (in that particular case, a non-physical injury, emotional distress) -- not received in lieu of something that would be taxable -- is not "income" within the meaning of the U.S. Constitution, and thus cannot be taxed as "income."
- Tax practitioners will be watching Murphy to see whether the government goes for an en banc hearing, or tries to take this to the U.S. Supreme Court. I suspect (and at least one other commentator has stated) that the Murphy decision stands a fair chance of being thrown out. Stay tuned. Yours, Famspear 15:41, 30 August 2006 (UTC)
The Lawrence case
[The following commentary added by anonymous user at IP 24.9.112.211 on 8 September 2006:]
I wonder about the case filed in Federal Distict Court in Peoria, Illinois (U.S. Government v. Robert Lawrence Case No. 06-10019) On May 12, 2006 in Peoria, Illinois, the attorney for the U.S. Department of Justice (DOJ) motioned the court to dismiss all charges against the defendant, Robert Lawrence, in federal District Court.
Filed & Entered: 05/12/2006 Order on Motion to Dismiss Docket Text: TEXT ORDER granting [27] Motion to Dismiss as to Robert Lawrence. Case is dismissed with prejudice. Entered by Judge Michael M. Mihm on 5/12/06. (HK, ilcd)
Docket Text: Minute Entry for proceedings held before Judge Michael M. Mihm. Parties present via phone by AUSA Chambers and Brost, Atty Stilley and defendant Lawrence at 9:15 a.m. on Friday, 5/12/06 - same held. Discussion held re: trial set for 5/15/06. Motion for Protective Order [24] as to Robert Lawrence is granted. Protective order to enter. Govt to file motion in limine as to paper reduction act. Motion to be on file by end of 5/12/06. Defendant indicates he will not have any expert witnesses testifying - same agreed to by Atty Stilley. Motion to continue withdrawn. Counsel to be present by 8:45 a.m. on Monday, 5/15/06 for jury trial. (Court Reporter KH.) (KB, ilcd)
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: move 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.
The trial was to have started on Monday morning, May 15th.
On Wednesday, May 10, Stilley mailed a set of documents to the DOJ in response to DOJ's discovery demands. The documents revealed to DOJ for the first time that Lawrence was basing his entire defense on an act of Congress, 44 U.S.C. 3500 - 3520, also known as the "Paperwork Reduction Act" (PRA).
In Section 3512 of the Act, titled "Public Protection," it says that no person shall be subject to any penalty for failing to comply with an agency's collection of information request (such as a 1040 form), if the request does not display a valid control number assigned by the Office of Management and Budget (OMB) in accordance with the requirements of the Act, or if the agency fails to inform the person who is to respond to the collection of information that he is not required to respond to the collection of information request unless it displays a valid control number.
In Section 3512 Congress went on to authorize that the protection provided by Section 3512 may be raised in the form of a complete defense at any time during an agency's administrative process (such as an IRS Tax Court or Collection and Due Process Hearing) or during a judicial proceeding (such as Lawrence's criminal trial).
In sum, the PRA requires that all government agencies display valid OMB control numbers and certain disclosures directly on all information collection forms that the public is requested to file. Lawrence's sole defense was he was not required to file an IRS Form 1040 because it displays an invalid OMB control number.
Government officials knew that if the case went to trial, it would expose the fraudulent, counterfeit 1040. They also must have known that a trial would expose the ongoing conspiracy between OMB and IRS to publish 1040 forms each year that those agencies knew were in violation of the PRA. That would raise the issue that the Form 1040, with its invalid control number, is being used by the Government to cover up the underlying constitutional tort -- that is, the enforcement of a direct, unapportioned tax on the labor of every working man, women and child in America.
I believe the 16th amendment was indeed ratified but it conveyed no new taxing authority on individuals. The IRS code itself defines "income" as gains associated with positions of privilege or government employment. The Lawrence case proves that taxes on individuals are illegal. The IRS tax form can not be a legal form based on the PRA because there is no statutory authority to justify IRS use of the form. Individual U.S. citizens are not required to file a tax return unless their income is derived from positions of privilege (government employee) or they are officers of a corporation. The income tax was meant to be a tax on corporate income, not the labor of individual citizens.
I close with one of my favorite Supreme Court rulings:
In Butcher's Union, the U.S. Supreme Court ruled: "The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions. The right to pursue them, without let or hindrance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they claim as their birthright. It has been well said that 'the property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable. The patrimony of the poor man lies in the strength and dexterity of his own hands, and to hinder his employing this strength and dexterity in what manner he thinks proper, without injury to his neighbor, is a plain violation of this most sacred property. It is a manifest encroachment upon the just liberty both of the workman and of those who might be disposed to employ him." Butcher's Union Co. v. Cresent City Co., 111 US 746 (1884). —Preceding unsigned comment added by 24.9.112.211 (talk • contribs)
[The preceding commentary added by anonymous user at IP 24.9.112.211 on 8 September 2006.]
Dear anonymous user at IP 24.9.112.211: Based on a google search it appears much of the material you posted was commentary copied and pasted from other web sites. The Lawrence case has been all over the internet. Unfortunately -- or fortunately, depending on your point of view -- the phony arguments bandied about on tax protester web sites about this case were exposed right here in Wikipedia several months ago.
For starters, see the OMB control number argument.
Next, look at this verbiage (for stylistic purposes I removed some paragraph breaks):
- 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: move for dismissal, with prejudice. Stilley's tactic paid off. [ . . . ] The federal Judge dismissed all charges with prejudice.
This verbiage is apparently intended to leave the false impression that the case was dismissed because of a "surprise tactic" relating to the "OMB control number argument."
As I explained several months ago on a Wikipedia talk page, I have access to the court record in the Lawrence case. It seems that the IRS agents who had calculated Mr. Lawrence's tax liability discovered errors they themselves had made -- based on information obtained from Lawrence's own tax returns, regarding the taxpayer's tax basis in certain property Lawrence had sold. (Tax basis is basically the amount that you paid for something, subject to certain adjustments. The amount realized on a sale less your tax basis amount equals your gain. If the tax basis amount exceeds the amount realized, then you have a loss.) With respect to certain properties the taxpayer had sold, the IRS agents discovered that he had more tax basis than they had originally calculated -- therefore, lower gains or even losses, and thus lower taxes. The IRS agents themselves brought their errors to the attention of the government lawyers, who then asked that the charges be dropped (and they were). The IRS employees recognized that their calculations had incorrectly stated Lawrence's tax liability. This has nothing to do with "OMB control numbers," and the court made no ruling in the Lawrence case about OMB control numbers.
As you can see from the separate Wikipedia article cited above, the OMB control number argument is pretty silly, for three reasons: First, the absence of an OMB control number on a tax form would not negate a statutory obligation to file tax returns on that form or pay the related taxes; second, every court that has rendered a ruling on the OMB control number argument has rejected the argument, and third IRS FORM 1040 DOES CONTAIN THE OMB CONTROL NUMBER ANYWAY, AND HAS FOR EVERY TAX YEAR SINCE 1981!
Now, to review some more of your errors, let's look at the statement: "The IRS code itself defines 'income' as gains associated with positions of privilege or government employment." That statement is incorrect. This is another problem for people who try to make frivolous tax protester arguments: they can't even agree among themselves. In actuality, as many tax protesters have correctly pointed out, the Internal Revenue Code itself does not define "income" at at (although it does define "gross income", "adjusted gross income" and "taxable income"). Nowhere does the Code say that "income" is LIMITED to "gains associated with positions of privilege or government employment." (That's similar to what is known as a "3401 argument" -- incorrect, and worse -- legally frivolous).
Now, regarding the "ruling" from one of your "favorite" Supreme Court cases, the Butchers' Union Co. case (it's also one of my favorite cases -- I love it when tax protesters bring it up) there are a few problems. First, the quoted language is not a ruling in the case. Second, the Court in that case did not rule Federal income taxes invalid in any way. Read the following language from a Wikipedia article:
- Butchers' Union Co. was a case involving interpretation of the Louisiana constitution and certain ordinances of the city of New Orleans. The Court ruled that the Louisiana constitution and the New Orleans ordinances did not impermissibly impair a pre-existing obligation under a contract when those laws effectively ended a slaughter-house business monopoly by the Crescent City Company. No issues regarding the power to tax incomes from businesses, vocations, or labor were presented to or decided by the Court, and the word "tax" does not appear in the text of the decision.
See Tax protester constitutional arguments (bolding added).
Have a nice day. Yours, Famspear 12:49, 9 September 2006 (UTC)
I was the anonymous editor. My name is Geno. Thank you Famspear for taking the time to repeat your case here. I am just a web surfer and find these "conspiracy" arguments interesting. I am sincerely looking for the truth. I wouldn't label myself a tax protestor, but I must admit, the so called "tax protestors" have some compelling points, especially in light of the many other "conspiracy theories" floating around regarding the 9/11 disaster. I apologize for going there, but refer to the Jim Marrs book, "The Terror Conspiracy:Deception, 9/11 and the Loss of Liberty." I also read the Peter Hendrickson book, "Cracking the Code."
Why doesn't the IRS just answer the simple question presented by the tax protestors? They're banners shout "Show Me the Law" as they protest in Washington D.C. It is the arrogant attitude of the IRS that compels me to sympathize with the tax protestors. It is the government's refusal to address the 1st amendment rights of the tax protestors to petition for redress of grievances that make me wonder if there is some truth to their message.
Kind regards, Geno September 13, 2006
- Dear Geno: Thanks for your comments. Regarding the "Show Me the Law" rhetoric, the IRS has answered the question, over and over. Citations to the actual statutes are found in IRS publications. Also, the actual statutes are available for free on the internet.
- The "Show Me the Law" rhetoric is a device used by tax protesters to hide the truth and to falsely make it appear that the IRS is "arrogant" or is hiding something, when in fact it is the tax protest movement that is always hiding the ball. Many tax protesters are well aware of the statutes, including but not limited to 26 U.S.C. § 1, 26 U.S.C. § 6012, 26 U.S.C. § 6151, 26 U.S.C. § 6651, and 26 U.S.C. § 7203. Tax protesters tend to treat the statutes the same way they treat the case law: When you point out that the laws do exist, the protesters simply deny that the law means what it says. This is intellectual dishonesty on the part of tax protesters, not dereliction on the part of the IRS in failing to "show them the law."
- Look, the IRS does not need me to defend it. In the real world, I work on behalf of taxpayers. I deal with the IRS as an adversary. But it is useless to pretend that the tax protester movement isn't a bunch of baloney. It is baloney. I have studied tax protester arguments for years. There's a reason they always lose in court. It's not because of some conspiracy. It's because tax protester arguments are baloney -- on every level. Every time I see a new tax protester argument, or a report about some new case that the protesters say was decided in their favor, etc., I look it up and -- I am always disappointed. When you study the actual texts of the statutes, regulations and court decisions they cite, you find that the tax protest movement is underpinned by innumerable false theories, false statements about what the courts have ruled, phony quotations that are easy to catch because the protesters don't realize or don't care that the actual texts are readily available to more and more people now, inability to understand the basic tenets of U.S. law and how the legal system works, and so on.
- I hope you read the various tax protest articles here in Wikipedia very carefully. Yours, Famspear 11:55, 14 September 2006 (UTC)
- Dear Geno, a postscript. After reading my last comment -- that I hope you read the various articles, etc. -- my comment comes back to me as sounding arrogant, and so I apologize. I know you don't need unsolicited commentary from me or anybody else on what you should read! My excuse is that I was grumpy and half-asleep this morning, and trying to get my son ready for school when I wrote my comments -- which is no excuse at all. Yours, Famspear 14:14, 14 September 2006 (UTC)
Stanton v. Baltic Mining Co. added to Tax protester constitutional arguments
Dear fellow editors: An anonymous user inserted some incorrect language regarding the Stanton case in the article on the Sixteenth Amendment to the United States Constitution. I have moved that material to Tax protester constitutional arguments and added some additional information showing what the U.S. Supreme Court actually ruled in the case.
Tax protesters have been posting here in Wikipedia regarding the Stanton case since before I began editing here (late in 2005). Unfortunately for tax protesters, Stanton is another classic case where the United States Supreme Court UPHELD the income tax as constitutional -- in this case under both the 5th and 16th Amendments! You would think they would at least try to avoid citing cases with rulings that directly contradict their arguments! Yours, Famspear 22:09, 29 September 2006 (UTC)
Doyle v. Mitchell Bros. Co.
Dear fellow editors: I have added information on this case to the article on Tax protester constitutional arguments. Although this was a case of statutory construction, I have added it to the "constitution" article (and not at Tax protester statutory arguments), as I think the protesters essentially make a constitutional argument -- albeit an incorrect one -- based on this case. Yours, Famspear 18:39, 3 October 2006 (UTC)
Weasel Words?
I see that those persons or organizations that are questioning the constitutional validity of the income tax statute are being bunched up with conspiracy theorists(!) in general. Is this really NPOV? Arguing on a sound legal basis about the actual contents of the 16th Amendment can hardly be seen as being equal to scrutinizing blurry video footage of 9/11 or counting frames of the Zapruder film, now can it? While this might not be a case of weasel words per se, it sure lends a glimmer of incredulousness to the article, and by extension the entire Wikipedia effort. If I'd be so inclined, I would suspect IRS influence here. Since I'm not, I won't, either. Tirolion 17:08, 22 October 2006 (UTC)
- Dear editor Tirolion: Many people or organizations that question the constitutional validity of the income tax statute bunch themselves up with conspiracy theorists -- indeed, conspiracy theory is an integral part of many of the leading tax protester arguments. Arguing that the Federal income tax is unconstitutional based on tax protester theories is not arguing on a "sound legal basis." By definition, tax protester arguments are arguments that have no legal merit and are also worse -- they are legally frivolous and have been so ruled by the courts.
- If you feel that lumping tax protesters lends a glimmer of incredulousness to the article, I would say that is unfortunate. Again, it is not the Internal Revenue Service or the vast body of lawyers, CPAs, law professors, and other legal analysts who claim that there is a "conspiracy." It is the tax protesters themselves who, in large part, claim there is a conspiracy.
- If you have not already done so, I would invite you to read all the other related Wikipedia articles, including Tax protester, Tax protester history, Tax protester constitutional arguments, Tax protester statutory arguments, and Tax protester conspiracy arguments. Although the last listed article expressly deals with "conspiracy," there are express and implied "conspiracy" theories bound up in many of the arguments described in the other articles as well.
- A large part of the articles in question have been edited by me. I do not now, nor have I ever, worked for the Internal Revenue Service. Indeed, I have been in an adversarial position with respect to the IRS in my professional practice since the late 1970s (with an intervening break for law school). It is my job to fight with the IRS when the IRS is wrong on a point of law, or on the facts. The articles in question accurately describe a sampling of tax protester arguments, etc., as well as the actual tax law -- including the treatment of tax protester arguments in court.
- Again, one of the conspiracy arguments one sees from some tax protesters is that people like me (the lawyers, CPAs, law professors, judges, congreessmen and IRS employees) are conspiring to hide "the truth" from the American people about the tax law, to protect our own source of income and so on. This is not my conspiracy argument -- this is a tax protester conspiracy theory. According to some tax protesters, this "conspiracy" has been on going since the year 1913.
- I began editing in Wikipedia in late 2005. My impression at that time was that Wikipedia was being "attacked" so to speak by tax protesters trying to insert false, UNVERIFIABLE and blatant non-neutral POV into legitimate articles on taxation in Wikipedia. Prior to my arrival here, a decision had apparently been made to try to concentrate tax protester arguments in an article on that subject. Because of the continual dumping -- and I do mean dumping -- of mountains of tax protester rhetoric copied and pasted from tax protester weblogs and private tax protest web sites, the material has grown in volume, and has therefore been broken down into several articles. Non-neutral point of view requires that if these frivolous arguments are going to be provided so much prominence in an encyclopedia, they at least be accompanied by information on what the Constitution and statutes actually say, and on what the courts have actually ruled. With respect to court decisions in particular, tax protesters uniformly misrepresent what all courts have ruled, based on misconceptions about how law works and in some cases based on outright fabrications, phony quotes, etc.
- One of the basic tenets of Wikipedia is that we are not required to give equal weight to minority positions. Tax protester arguments, in the world of U.S. law, are the functional equivalent of arguments in the world of astronomy or physics that the moon is made of green cheese, or that the earth is flat. Until and unless one accepts that reality, one will not understand the essence of tax protester arguments. Yours, Famspear 18:29, 22 October 2006 (UTC)
- Thank you for your comment, Famspear. It might not be apparent from my painfully short previous comment, but I have absolutely no intent of neither defaming nor ridiculing the article. I am merely trying clumsily to point out some issues that stick out in it. I am happy that you have such an extensive expertise within the subject in question. Notwithstanding, there is a certain point that needs to be addressed regarding any and all issues pertaining to matters legal, however.
- Being familiar with issues of law and jurisprudence, I trust you are most assuredly aware that courts -- largely consisting of inherently fallible human beings -- are equally fallible in and of themselves. Thereby follows that simply pointing to a court case does very little in the elucidation department. Rather, simple numerology usually shuts the opposition up, good and (usually) forever. The long and the short of it, I guess, is that it'd be of tremendous service to the article -- and the entire tax criticism subsection -- if the statute would be given. That way the entire 50+ pages of criticism could be dismissed with one simple number. A single one. Just like that.
- I'm not trying to argue the veracity of any of the information nor any of the contributers, don't get me wrong. The topic is an interesting one, and if I may be so bold, I'd ascertain that it's quite an interesting subject for a lot of people. Regarding differing views; assume good faith, no? Tirolion 17:36, 24 October 2006 (UTC)
Dear Tirolion: Thanks for your comments. First, I'd like to address these statements you made:
- "I trust you are most assuredly aware that courts -- largely consisting of inherently fallible human beings -- are equally fallible in and of themselves. Thereby follows that simply pointing to a court case does very little in the elucidation department."
You are correct that courts consist of fallible human beings -- i.e., judges. The statement that it follows that simply pointing to a court case does little in elucidation, etc., is incorrect. Here's why.
Contrary to what some people may believe, under the U.S. legal system a judge's ruling on a point of law is authoritative. My personal belief or analysis of the law, or your personal belief or analysis is not authoritative. An individual's personal belief about what the law is may be correct -- but if it is correct, it is correct because the belief comports with what judges have actually ruled in actual court cases. Determining what the law is ultimately is a matter of court decision, made by a judge, and is simply not a matter of private analysis by you or me.
The laws of physics are not what they are merely because all the scientists say so. In this respect, law differs from scientific subjects like physics. Under the U.S. legal system, the only correct legal determination is the one made by a judge in an actual court decision. That's an oversimplification, but if a person cannot accept that concept, he or she simply cannot fully understand the U.S. legal system. Sorry, but that's how law works.
The implication of your statement seems to be that because judges are people and people are fallible, that perhaps the tax protesters are "correct" about the tax law and the judges are incorrect. Whether that was what you meant to say or not, I just want to point out that the implication would be incorrect. The law is what the judge says the law is. That may sound harsh or arbitrary or pedantic, but that is a correct statement, under the U.S. legal system.
Regarding this verbiage:
- The long and the short of it, I guess, is that it'd be of tremendous service to the article -- and the entire tax criticism subsection -- if the statute would be given. That way the entire 50+ pages of criticism could be dismissed with one simple number. A single one. Just like that.
If you missed the specific code cites, they are found in the article on Tax protester statutory arguments which I had already listed above. In my opinion it would simply be superfluous to repeat the same citations in every article on tax protester subjects. There are cross links to all the various articles. The whole point was that all the material is too voluminous to be easily contained in one huge article. The specific excerpt -- already shown in the aforementioned article on the tax statutes, is as follows:
- Some tax protesters argue that the Internal Revenue Service refuses to disclose, or is unable to find, any laws that impose the legal obligation to file Federal income tax returns or pay Federal income taxes -- and conclude that there must be no law imposing Federal income taxes. The official Internal Revenue Service web site contains references to selected specific code sections and case law, including 26 U.S.C. § 6011 (duty to file returns in general); 26 U.S.C. § 6012 (duty to file income tax returns in particular); and 26 U.S.C. § 6151 (duty to pay tax at time return is required to be filed). [footnote omitted] The year 2005 instruction book for Form 1040, U.S. Individual Income Tax Return, on page 78, contains references to 26 U.S.C. § 6001 (relating to record keeping); 26 U.S.C. § 6011 (general filing requirement); 26 U.S.C. § 6012(a) (specific income tax return filing requirement); and 26 U.S.C. § 6109 (duty to supply identification numbers). The IRS web site also includes a page with a link to the entire Internal Revenue Code as published by the Legal Information Institute at Cornell University Law School. [footnote omitted]
Let's not kid ourselves. These and other Code sections have been repeatedly cited to tax protesters over the years. Many tax protesters do not take these actual citations to the actual laws as a satisfactory answer.
It's not that there is "no law," or that the government refuses to "point out the law" or that the relevant Wikipedia article does not give citations to that law. And no, "simple numerology" generally does not "shut up" tax protesters. Tax protesters generally refuse to accept that these statutes mean what they mean, or refuse to accept the courts' rulings on the meaning of these statutes. Aaron Russo, a filmmaker who promotes tax protester arguments, has even been reported as having made the ludicrous claim that the Internal Revenue Code itself is not a statute at all, falsely claiming that the Internal Revenue Code consists of "regulations" that were not even enacted by Congress (see America: From Freedom to Fascism). I invite you to read all the related Wikipedia articles in depth. Yours, Famspear 18:22, 24 October 2006 (UTC)
Oh, and in case you missed it, here are more citations and links to the actual statutes, as copied from the article Tax protester statutory arguments (with footnote omitted):
- Internal Revenue Code sections 1 (26 U.S.C. § 1) (relating to individuals, estates and trusts) and 11 (26 U.S.C. § 11) (relating to corporations) are examples of statutes that expressly impose an income tax on "taxable income" (with section 1(a), for example, expressly using the phrase "[t]here is hereby imposed on the taxable income of [ . . . ]"). The term "taxable income" is in turn defined in section 63 (26 U.S.C. § 63) with reference to "gross income" which in turn is defined in 26 U.S.C. § 61.
Yours, Famspear 19:56, 24 October 2006 (UTC)
- Thank you, Famspear, for your most articulate response to my (unfortunately quite rambling) utterances. Do not get me wrong, you can call any and all opposing views 'ludicrous' until the cows come home, I couldn't care less. The thing I was (and still am) pointing out is that by defending a stance with an all-encompassing "because they say so" doesn't really present a convincing case, I'm sure you agree. Oh, btw, you were right, I just hadn't browsed the USC enough for the statutes in question. I just hadn't found 'em yet when I wrote my previous yarn. Still, my opinion regarding the various issues still stand. The US bar is one bizarre bunch, I tell you that. (Tangential: it's been a strange couple o' years back here in the Old World. Folks are more + more happy that they're not living in the New One.) Cheers for your answer though, Famspear. G!d bless. Tirolion 21:09, 28 October 2006 (UTC)
- That's because it's a cult: http://www.adventuresinlegalland.com/index.php?/content/view/23/27/ 206.124.31.24 18:54, 31 January 2007 (UTC)