Tax Time Draws Near (But What If You Didn’t Have To Pay?)

We are now sixteen days into the year 2016 and people have put the holiday season behind them and gotten back to the grind of day to day life. As the days pass by one day in particular looms in the not too distant future, April 18th; the deadline for filing your income taxes. Some people dread filing taxes because they know that they will end up paying more than was withheld while others look forward to it because that tax refund is like an annual bonus to supplement their wages.

Americans have been conditioned into accepting the fact that they must pay taxes; pay their fair share for funding the operation of their government, as the old saying goes, only two things in life are certain; death and taxes.

For the most part people grudgingly submit to a tax upon their income as part of being a responsible citizen who does their part to fund government. We are told that our taxes keep government going and that were we to stop paying taxes government would cease functioning. The truth is that the money taken from our wages in the form of taxes do not go towards the operation of our government; they go towards paying off the massive debt our government continues to accumulate.

In 1982 President Ronald Reagan issued Executive Order 12369 to establish a commission to focus on waste and inefficiency in the federal government. The Private Sector Survey on Cost Control, or Grace Commission as it is commonly known, is the result of Reagan’s Executive Order.

In 1984 The Grace Commission issued its findings to Congress. In their report the commission stated, “100% of what is collected is absorbed solely by interest on the Federal Debt … all individual income tax revenues are gone before one nickel is spent on the services taxpayers expect from government.”
What your taxes pay for is the interest upon the debt created by a government that simply cannot live within its means. Right now, at this very moment, the federal debt stands at over $18 trillion; that is $18,000,000,000,000. Recently the Powerball jackpot hit over a billion dollars and people were scrambling to buy lottery tickets in the hope of being the winner of such a massive amount of money.

Yet one billion is a mere pittance in comparison to how much money our government has borrowed. One trillion dollars is one thousand billion. It is estimated that our government spends $435.8 million per hour. If you multiply that number by the number of hours in a single day and you find that our government spends roughly $10 billion per day. What is collected from your paycheck in the form of income taxes is a drop in the bucket compared to how much your government spends every single day. The only thing your taxes do is to keep the national debt from getting much higher than it would were you not to pay.

Which leads me to my next point; what would happen to you if you chose not to file your taxes this year? I’m not talking about filing late; where the penalty is 0.5% of the balance you owe, I’m talking about just simply deciding not to file a tax return at all; what would the penalty to you be?

Well, according to Title 26 U.S. Code ยง 7201, “Any person who willfully attempts to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof:

-Shall be imprisoned not more than 5 years

-Or fined not more than $250,000 for individuals ($500,000 for corporations)

-Or both, together with the costs of prosecution”

You want to talk to someone about the penalty for not paying taxes; talk to actor Wesley Snipes, he can tell you all about what happens if you try to evade paying taxes. Hell, even famous gangster Al Capone was sent to prison not for his association in the criminal underworld, but for tax evasion.

The Internal Revenue Service, (IRS) may also issue a lien against your property until the obligated taxes are paid, plus interest of course. The IRS comes across as merely a government agency charged with processing the massive number of tax forms that people send in every year; but they are much more. They are the collection arm for a massive fraud perpetrated upon the American people; and they are ruthless in prosecuting, and ruining the lives, of people who choose to question their obligation to pay taxes on their income.

Most people view tax evasion as a crime; they believe we are required to pay taxes to keep our government in operation. But then again these same people believe it is within the government’s purview to conduct unlimited wars or require that we purchase health insurance; so why does the fact that people think we should be forced to pay taxes surprise me?

What does the Constitution say about taxes? Article 1 Section 8 of the Constitution grants the power of taxation to Congress, “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States…”

At first glance it would seem that Congress has the authority to collect taxes from the people and their income; but wait, there’s more. Article 1 Section 2 states, “Representation and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” Then in Article1, Section 9 it states, “No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”

Income tax is a direct tax in that it is a tax placed directly upon each person in the United States. However, according to the Constitution all direct taxes must be apportioned; that is the total amount in taxes which is due must be divided equally among all the inhabitants of the country. Direct taxes differ from indirect taxes in that an indirect tax is something like a sales tax. According to the Constitution all direct taxes must be apportioned. In an apportioned tax it does not matter if your annual income is a mere $10,000 or if you make millions; everyone pays an equal amount; that is what is meant by apportioned taxes.

Our Constitution was ratified in 1789 and it is ironic that the first income tax ever issued was during Lincoln’s War of Northern Aggression; or the Civil War as you commonly know it. In 1861 Congress imposed the Revenue Act of 1861 which imposed a 3% tax upon all incomes over $800. In 1862 they issued another act, lowering the income level to $600. So, not only did Lincoln wage an unconstitutional war against the citizens of the seceded Southern States, he also imposed an unconstitutional direct tax upon the people of the North to help fund his war.

However, without a Constitutional Amendment, the direct taxation of income without it being apportioned was considered unconstitutional. Enter the 16th Amendment which 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.”

On the surface it would seem that Congress was then given the authority to tax our income; but what if you began to dig into the supposed ratification of the 16th Amendment; what would you find?

On February 25, 1913 Secretary of State Philander Knox declared that the 16th Amendment had been duly ratified, but had it; been ratified duly?

At the time there were 48 States in the Union so the requisite three fourths to ratify a Constitutional Amendment would be 36 States voting in favor of it. Knox said that he had received word from 42 States and that 38 had voted in favor of the amendment, therefore it was ‘duly’ ratified. From the beginning Utah, Connecticut, Rhode Island, and New Hampshire flat out rejected the proposed 16th Amendment.

When Kentucky voted upon the amendment they had yet to even receive a copy of it, so they weren’t completely sure of the wording. The version they voted on omitted the words ‘on income’ when they voted in favor of it. When they finally received the full version they rejected the amendment; yet Philander Knox counted them as a yes vote.

The State of Oklahoma legislature changed the wording of the amendment to something that was opposite what the amendment actually said. They then voted in favor of the altered version, sent their altered version back to Knox with a yes vote. Yet Knox claimed they had supported the original version and counted them as a yes.

These two States alone dropped the number of States voting yes from 38 to 36; the bare minimum required to pass it. One more and it would NOT be considered ‘duly’ ratified.

The State Constitution of Tennessee states that any proposed amendment to the federal constitution must await a vote until the election of new members to the State Legislature so as to make the proposed amendment an issue for the voters to consider when choosing whom they will elect to the State Legislature. Tennessee failed to do this, thereby violating their own State Constitution.

Texas and Louisiana violated provisions in their state constitutions prohibiting the legislatures from empowering the federal government with any additional taxing authority. Now the number is down to 33.

Twelve states violated provision in their State Constitutions requiring a proposed bill be read on three different occasions before a vote was taken upon it. This allows for a period of rational thought to preclude voting upon an issue without giving it the full consideration it deserves. These States were; Mississippi, Ohio, Arkansas, Minnesota, New Mexico, West Virginia, Indiana, Nevada, North Carolina, North Dakota, Colorado, and Illinois.

When the Secretary of State sent the proposed amendment out it was sent in official, certified sealed mail. The responses were supposed to be sent in the same manner so as to prohibit tampering and fraud. The States were to include in their response a copy of the document they actually voted upon, proper certification, signed and sealed by the appropriate state officials.

Yet numerous states, including California, Ohio, Arkansas, Mississippi, and Minnesota did not send any copy of the resolution they had voted upon, while others sent uncertified copies which were unsigned and in unsealed mail.

Now I’m not telling you to just stop paying your taxes based upon apparent fraud in the ratification of the amendment which requires you to pay an income tax; I am however asking that you question the legality of it and do some thinking for yourselves.

Consider that after the supposed ratification of the 16th Amendment in 2003 U.S. District Court Judge James Fox wrote, “If you examine [the 16th Amendment] carefully, you would find that a sufficient number of states never ratified that amendment.”

Yet because of that amendment we now have this huge government agency, the IRS, charged with collecting our taxes, and persecuting, I mean, prosecuting those who fail to pay. Yet if you are to delve into Title 26 of the United States Code, which deals with all our tax laws, you would be hard pressed to find the specific code which says that you, John Q Citizen must file a 1040.

Numerous tax protest movements have sought an answer to one simple question; is the average American required to file an income tax return every year. They have yet to be given a straight answer. In fact, Federal Judge Emmet Sullivan ruled that the federal government does not have to answer the questions of the American people. How’s that for an answer?

In July of 2000 USA Today ran an ad in their paper offering a $50,000 reward to anyone who could provide the specific law requiring that people file an income tax return. Sherry Jackson, an IRS employee undertook the task of finding that law. After a year of research she came to the conclusion that there is no such law requiring that a person file an individual income tax return; because she could not find it.

Aaron Russo, who was responsible for the films The Rose and Trading Places did a documentary on the income tax and sought to obtain an interview with IRS employees so he could put to rest the question “Is there a law requiring people to pay taxes?” The IRS refused to meet with him.

Why won’t they answer that one simple question? Is it because if they honestly answered it their only response could be, “No, there is no law.” What would YOU do if you suddenly found that there is no law requiring you to pay taxes; would you still do so out of the goodness of your heart?

Yet tax time is coming; Turbo Tax is on the shelves in all the major big box stores, H & R Block is open for business, as is Jackson Hewett and Liberty; all looking to help you fill out those complicated forms in all likelihood you are not even required to file.

I have heard many candidates talk of revising the tax code; implementing a flat tax or a national sales tax; I’m against any tax except those originally called for in our Constitution. Hell, our country survived 124 years without a tax upon the income of the people’s wages; why can’t it now?

I don’t believe in coincidences and it is a coincidence that in the same year the 16th AND 17th Amendments went into effect AND the Federal Reserve Act was passed; (another of those questionable things as to its legality).

Our Constitution has been fundamentally altered to one in which its purpose was to preserve our liberty to one which enslaves us to the federal government. The States have been taken out of play in what say they have in what laws the government passes with the 17th Amendment. The wages of the people are now taxed, binding them as mere serfs to pay for the debt created by the government; and the government now has its own private bank with and endless bottom from which they can now borrow money to fund all their programs and wars.

I’ll bet you didn’t know that after President Wilson signed the bill creating the Federal Reserve Bank he stated, “I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men.”

But hey, go ahead and don’t listen to what I say. Keep trusting your school teachers, your text books, your news media, and those whom you elect to fill the seats of power within your government. After all, I’m just some guy who works in a fruit packing plant; what can I possibly know?

About Br'er Rabbit

I'm just one person out of millions of others. The only thing different about me is that I don't walk around with my head up my ass.
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One Response to Tax Time Draws Near (But What If You Didn’t Have To Pay?)

  1. Don says:

    As I recall, Joseph Banister is the only person in modern history to challenge the federal govt and the IRS on the illegality of modern American income taxation – and win. Another former IRS agent, Sherri Peel Jackson, went to prison for her discovery about this issue. And if anyone who reads this has not yet watched Aaron Russo’s documentary – IMHO they should.

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