by artzai » Tue Jan 21, 2014 3:50 pm
First of all, it ought to be obvious that the burden of proof is and should be SQUARELY on the IRS and the feds to simply reveal to us what their legal justification is. This ought to be simple, but they won't do it. Instead, they point to regulations and custom and practice as if these were legally binding in themselves. This very question has been tested in court more than once or twice. Franklin Sanders, a man who I know personally and have had business dealings with, a man as honest and honorable as the day is long, was persecuted - oops! I should say prosecuted - by the IRS, and won his case when the IRS could not or would not cite the relevant law. Capping a five year investigation, they indicted my wife, 24 of my customers, and me. And after a trial from February to July, we were every one ACQUITTED of conspiracy and willful failure to file. Our only defense was, "Show Us The Law," and we WON! Start reading about Franklin Sanders HERE. There are at least five ex-IRS agents who have turned against the IRS,(at great personal cost) claiming that the IRS is "knowingly misapplying the federal income tax laws." This is another way of saying that no, there is not a "clear and definite law" requiring the payment of the federal income tax. The IRS refuses to clearly and definitely tell us what that law might be. Instead, they just assert that such a law exists. As you might imagine, the exact legal status of the federal income tax is extremely murky. The government position is essentially, "Everybody knows that they have to pay the income tax, and anybody who says different is an illegal tax protestor." HERE is a good place to read more detailed comments about the questionable legal status of the IRS. Bill Benson researched the history of the "passage" of the 13th(Income Tax) Amendment to the US Constitution in all 50 states and concluded that the amendment had never even been legally ratified or adopted, hence null and void. He ultimately wrote The Law That Never Was, volumes 1 and 2 detailing his research and findings. He also took the case to court, where the judges declined to find in his favor, ruling that at this point, the legality of the ratification was a moot question and had become a political question that they would not rule on. Translation: "They got away with it fair and square, and it's too late now to complain." Finally, I DO NOT recommend refusing to pay the income tax. You will pay dearly. Read what happened to Franklin Sanders before you decide, and he was NOT a tax protestor. I myself went down that road, but turned back when I got a conference call from the IRS case officer and the Tax Court judge, telling me what they would do to me if I dared even show up in Tax Court to plead my case. Knowing a rigged game when I saw one, I bailed out.