The United States Constitution forbids direct federal taxes AND is the only item in the Constitution that is stated twice: Article 1, Section 2: ...direct Taxes shall be apportioned among the several States... Article 1, Section 9: ...No Capitation, or other direct Tax shall be laid, unless in Proportion to the Census.. Direct taxes are taxes on a person, a persons property, or the exercise of a fundamental Right. Apportioned and in Proportion to the Census mean that the tax is billed to the state governments according to each states percentage of the national population. The states collect the tax according to state law and remit it to the federal government. The Federal Government and the IRS is thus prohibited from involving itself directly in the lives and finances of private citizens. This is the unique to America, fundamental to keeping power in the hands of We the People. The Sixteenth Amendment to the Constitution, ratified in 1913, does not address or repeal direct Taxes; instead, it refers to something called incomes. But incomes is not defined in the IRS Code. Wonder why? Incomes under federal tax law lost its common, everyday meaning and became a LEGAL TERM via the Revenue Act of 1862, which set forth federally-licensed trades or occupations, federal employees, dividends from federal investments, and other federally-privileged ACTIVITIES and laid an EXCISE TAX on THOSE INCOMES. Therefore, income under FEDERAL TAX LAW is defined as receipts resulting from the exercise of FEDERAL PRIVILEGE. In other words, federal income taxes are taxes on receipts that are taxable -- not a tax on all receipts. Mr. Morse Hubbard, Treasury Department Legislative Draftsman, House Congressional Record, March 27 1943, Page 2580: The income tax...is an excise tax with respect to certain activities and privileges...the income is NOT the subject of the tax. The Internal Revenue Code makes use of many legal TERMS which have a DIFFERENT meaning than the common words they mimic. Whenever the IRC uses custom terms like wages, employee, employment, and self-employment, those custom terms do not apply to all money, workers and occupations - they only apply to privileged, defined wages, employees, and employment that are subject to the income tax excise. United States Court of Claims, Economy Plumbing and Heating vs United States, 470 F. 2d 585 at 589 (1972): The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to nontaxpayers. The latter are without their scope.. Furthermore, if any monies have been withheld without a Warrant, the nontaxpayer is entitled by law to a full refund. Howard M. Zaritsky, Legislative Attorney, Library of Congress, Report No. 80-19A (1979): The supreme Court has noted that the Sixteenth Amendment did not authorize any new type of tax, nor did it repeal or revoke the tax clauses of Article 1 of the Constitution. Direct taxes are, notwithstanding the advent of the Sixteenth Amendment, still subject to the rule of apportionment. Are you earning income from a Federal privilege??????
Posted on: Tue, 06 Jan 2015 21:07:14 +0000
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