Is The Federal Income Tax Legal?
The question resides in the 16th Amendment to the U.S. Constitution, was it passed in a legal manner and is it in fact an Act that should be deemed illegal?
Philander Knox, The United States Secretary of State in 1913, committed fraud when he made the declaration that the 16th Amendment to the U.S. Constitution was legally ratified. The Amendment was never legally ratified, at least there is no evidence to prove that it was ratified legally.
There were thirty eight states that made up the Union in 1913. There are no legal documents proving that the majority of the 38 States had sanctioned the 16th Amendment that was presented to the states by U.S. Secretary of State Philander Knox.
People have a Right to Have their Grievances addressed by their Government
Several states did not even bother to make a response to the 16thAmendment proposal, according to Constitutional scholars and other various legal organizations throughout the country.
The only thing that stands between the people and a tyrannical Government is the Constitution. What is the Remedy for a Free Society of human beings when they have to deal with an obvious sanctioning of Fraud!
The Constitution clearly states that the people have a right to have their grievances addressed by their Government. What exactly should these People do when their government simply dismisses their grievances, as if they cannot hear them or even take the time to respond?
The way that Federal law is written is that only foreign workers in the United States or United States Citizens that work out of the country is legally required to pay their Federal income taxes. There is no Law that requires an employer to withhold a workers earnings for the reason to collect Federal income taxes.
5th Amendment (pt.1) - Michael Badnarik Bill of Rights Class
Waiving Your 5th Amendment Constitutional Right
Any time a taxpayer applies a signature to a tax return, he/she has voluntarily waived their 5thAmendment Constitutional Right to not be a witness against oneself.
Statement On Tax Return Requiring Your Signature.
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
5th Amendment (pt.2) - Michael Badnarik Bill of Rights Class
Can my tax return be used as evidence against me?
If you have examined your return, and to the best of your knowledge and belief all the statements on the form are true, correct, and complete, and there are errors you are unaware of, you could be charged with perjury.
Your Fifth Amendment Rights guarantees that you are not compelled to reveal any information that may be used as evidence against you. It is more then obvious that the IRS and the DOJ does and will use the information on your Tax return to be entered into evidence in any civil or criminal case brought against you.
Therefore signing and filing a Tax Return would be a voluntary waiver of your Rights which you acquire by the fact of your birth.
A Redress of Grievances
Redress Our Grievances!
We as American Citizens have come to hold expectations that the representatives we elect to office at every level of Government, need to respond to the needs of their constituents as well as address any grievances that are brought to them by the electorate.
Within the past ten years, many groups have presented grievances questioning the legality of the Income Tax as defined by Federal Law.
There are Americans that are residents of all fifty States that are having their questions deliberately ignored.
To be truthful, when you have Federal officials making salaries in excess of $140,000 a year along with the best benefit plan for the rest of their lives after serving only a few years in office, you will find that they want nothing at all to do with any investigation that will openly reveal that the 16th Amendment was NEVER legally ratified by the States of America.
If it was discovered that this was the truth, the ratification was a Fraud, then the United States Federal Government would have to shut down completely.
B - FEDERAL Income TAX IN US IS ILLEGAL - Ex IRS AGENT INFORMS US ALL - PART 1
Is The Taxing Of Income A Crime?
The tax on the income of the people creates a gigantic slush fund that is used to fund their exorbitant salaries and premium benefits. The tax is used to elongate their out of control bureaucracies while draining the wealth out of the taxpayers of America.
The time has come when the taxpayers are pressing for answers as well as evidence of what might be the largest crime in the history of the nation. The confiscation of wealth through an illegal taxation that continues to grow every year. The result being the bankruptcy of individuals, families, and other businesses and institutions as well.
This is not the way that America was founded. contact your Congressional Representatives and request if not outright demand clarification of the facts concerning the Legality of the Federal Income Tax!
This is the spark that could light the flame of a legal rebellion against a Government that the people feel is acting in an oppressive manner. Similar to a Monarchy or a Dictatorship, this Government acts as if the Law is not pertinent to them, they act as if they are above the Law!
We the People of the United States of America can no longer tolerate a lawless Government!
Fact: Your Fifth amendment Right!
The Fifth amendment guarantees a right against self-incrimination that is absolute and unalienable. There is not an exception to this right when it comes to matters related to the Federal Income Tax.
Although it has not been determined by our Justice system that the Citizen is protected by the Fifth Amendment when it comes to tax returns, a Federal Court of Appeals ruled that the 5th Amendment does not apply to tax returns.
The ruling states that the Fifth Amendment is not applicable to Tax returns because the Amendment can only be applied to Compelled Testimony. This would mean that the filing of a Tax return is a voluntary act and a citizen cannot be forced to file a return!
By the use of threats, including criminal prosecution, financial penalties, and imprisonment, the Government successfully compels its citizens to voluntarily waive any Fifth Amendment Rights that are relevant to the Federal Income Tax.
It is a well known fact that the Internal Revenue Service and the Department of Justice can and will use a Citizen's Tax return to commence and investigate both civil and criminal prosecutions against the people.
We The People have no obligation to accept an income tax that allows the government to force it's citizens to surrender any Constitutional Rights.
When you file a Tax return you have voluntarily waived your Fifth Amendment Right!
The Sixteenth Amendment
The Internal Revenue Service alludes to the 16th amendment as the power to coerce employers to withhold money from the paychecks of its employees for the purpose of paying the Income Tax. The same Amendment is cited to also coerce the People to have a tax return filed and to also pay the Income Tax.
In 1913 the Secretary of State Philander Knox, despite obvious flaws in the votes on the 16th Amendment, violated the Law and the Constitution when he certified the 16th Amendment to the U.S. Constitution in a fraudulent manner.
After questions were raised concerning the fraudulent adoption of the 16th Amendment, a Federal Court of Appeals declared that this was a political question that should be decided by the U.S. Congress.
Article 1 Section 9 Clause 4 as part of the original Constitution issues a requirement that all direct taxes be distributed. This clause has not been repealed and remains part of the Law. Therefore, any enforcement of the 16th amendment cannot clash with this clause.
The Government of the UNITED STATES makes its claim of authority for taxes on income based solely on the 16th Amendment. Since the Amendment was ratified through fraudulent actions, any other dialogue concerning the issue is subordinate.
Russo talking Income Taxes (IMPORTANT)
Labor is property!
That is right the fact that you are able to perform labor means that the energy, time and sweat used to produce any form of labor is property. It is probably the most precious possession that a human being holds ownership. All other Rights are derived from this simple consideration, the People own and control their own Labor.
Even in the Governments very own accounting procedures within the Tax Code as well as decisions given through the Courts. The trading of a humans Personal labor for wages or salaries is property and therefore does not fall under the term Taxable Income.
There is no foundation for the payment of employment taxes on wages or salaries. The Supreme Court has defined Income as being a Corporate Tax on PROFIT!
Wages and Salaries are not considered Income and CANNOT be taxed legally!
U.S Income Tax is a fraud(Tom Cryer)
Citizens have a Right to Due Process which is violated by the Internal Revenue Service!
The Constitution guarantees Due Process to all humans, protecting the People from the State.
In the United States, due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights of citizens. This is done to insure that government treats individuals fairly and does not abuse its power by acting against its citizens in an arbitrary, oppressive, or capricious manner. The concept of due process is derived from the Fifth Amendment of the Constitution, which states that no one shall be deprived of “life, liberty, or property without due process of law .” The 14th Amendment uses identical language to impose a similar obligation on all of the states.
The Internal Revenue service through its normal daily activities habitually denies the typical American Citizen their Due Process of Law.
The administration of the Internal Revenue Service generates dummy returns without the proper legal authority as a precursor to assessing and collecting income taxes.
Although U.S. Law clearly provides its Citizens the right, specific IRS Administrative Procedures denies to answer to the American People how exactly they have acquired the basis of any legal authority.
The IRS denies Due Process procedures by quickly forcing citizens into a biased United States Tax Court where the cost of receiving justice rises intensely and expensively.
The IRS on a routine basis will refuse to cite any legal authority, it also fails to answer comprehensive legal questions concerning U.S. Tax Law or its right to enforce these Laws.
Any system of taxation that violates due process is, by definition, unconstitutional.
Does the IRS have Jurisdiction within the States to collect an Income Tax?
There are terms used within the Internal Revenue Code that is intentionally deceptive. A typical American that reads terms like citizen, taxpayer, state.... within the Tax Code without knowledge of the exact definitions of these terms will never become aware that as a point of fact they are excepted, and are not subordinate to the tax laws of the United States.
Legislative jurisdiction is a requirement to levy taxes. The Federal Government holds this Power of the Constitution in a very small area, this area would be within Washington D.C. and any U.S. territories. Within the fifty states themselves the Federal Government has no real Legislative Jurisdiction.
A state can formally surrender this jurisdiction to the Federal Government. Without this official transmission, the Federal government has no legitimate legal jurisdiction that would allow it to legislate or administer any taxation within a State.
The Federal government of the United states cannot legally enforce an Income tax inside any of the fifty States simply because they have No Legislative Jurisdiction!.
The Truth Behind The Income Tax
What law requires Americans to pay Income Tax?
There is no Law in existence which authorizes the income tax to be collected from the American populace. There is no Income Tax law nor is their any income tax regulation which would condone this confiscation of wealth through force and coercion. The IRS uses fear to compel the citizens to comply with Income Tax collection.
The laws alluded to by the IRS in fulfillment with the Privacy Act, and the Paperwork Reduction Act have no specific authority that would allow the legal right to enforce the income tax on the common American.
There are terms used in the Tax statutes which are used by the IRS such as individual, income, citizen, that has not been clearly defined in the Laws. When used in the law the indication is that income tax laws are not applicable to common Americans.
The way that the Laws and regulations of the United States are presently written, the common American has no liability to pay the Income Tax!
IRS property seizures violates the Fourth Amendment!
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment to the United States Constitution clearly necessitates a signed Court Order or warrant to proceed with the seizure of property, or to operate a search of property.
The Internal Revenue Service pays no attention to the Fourth Amendment which equates to a Constitutional violation!
United States employers are mislead concerning their legal obligation by the deceptive content on the IRS salary, wage, levy forms and guidelines.
Entities such as banks and corporations among others have no encouragement, or perhaps through fear of the IRS vengeance, fail to challenge Notices of Levy and Seizure against their employees and/or customers.
The Internal Revenue Service does not recognize the Fourth Amendment!
Ex IRS agent tells it like it is!
26 USC 6020(b) Substitute Returns are not legal concerning a citizen!
Preparation of return by Secretary:
If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.
Authority of Secretary to execute a return:
If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.
Status of returns:
Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes .
There is no legal authorization for the IRS to manifest a substitute return for a citizen that has chosen to not file an individual income tax return.
If there is not a Tax Return endorsed from a citizen, then it would be illegal for an IRS agent to charge a tax against a citizen.
Ex IRS agent tells it like it is part2
26 USC Section 6020(b)
26 USC Section 6020(b) Substitute Returns are not valid when dealing with individual income taxes, this SFR is only relevant to the business related taxes.
The IRS has circulated this tax fraud by intentionally developing fraudulent training techniques and materials to be used to train it's agents.
Even without the proper legal authority, IRS agents are falsely trained by the Internal revenue Service to generate Substitute Returns for individual income taxes. Substitute Returns are consistently used in the normal operating procedures of an agent's job load.
IRS agents are put under considerable legal risk at both the Civil and Criminal level. This is due to the fact that the agents are conducting their actions outside the capacity of their delegated statutory authority.
There are citizens of the United States that have been falsely convicted of tax crimes which are based strictly on assessment documents illegally certified by agents of the IRS as lawful evidence of appropriate assessments and then are presented to United States District Courts.
There are former IRS agents that have sworn publicly under oath about the deceiving training procedures for IRS agents. They have presented overwhelming documentation that they have No legal authority to create an assessment of an individuals income tax unless there is an endorsed return filed by a citizen.
Individual Master Files?
Individual Master Files are kept in an unrecognizable and non-understandable format for the purpose of hiding abuses of citizens perpetrated by agents of the IRS.
Through no lawful action, the IRS changes its computer records by improperly using computer code fields to generate and sustain its records in a way that will ultimately lead to the enforcement of illegal tax actions done by the agency against the People of the United States.
Time Barred Assessments being fraudulently created by the IRS.
Time Bar: Stoppage placed on the exercise of a claim, judgment, or right after passage of a certain period as established by law (such as statute of limitations) or custom.
The Internal Revenue Service agents have through illegal and fraudulently conducted unlawful acts, by changing its computer's files to expedite the unlawful assessment and collection of taxes on the income of the American people.
IRS Abuse and Intimidation
Is there evidence of IRS conducting illegal activities?
Evidence and sworn testimony does exist, revealing the extensive and deliberate tax assessments and accounting practices conducted by agents of the United States IRS which have been done in an illegal manner.
The documents providing IRS fraud and abuse include the exploitation of the taxpayer's Master files. illegal time-barred assessments. The underpayment of interest that is due to taxpayers. There is also evidence of unlawful levies and liens held against citizens Social Security benefits. They have also levied unlawful civil penalties along with fraudulent certifications of its records, and even more abuse that exists.
Agents of the Internal revenue service enter falsified transaction dates to some taxpayers Master Files to conceal and suppress the illegal time barred assessments.
Before the 1998 IRS Reform and Restructuring Act, a taxpayer had no chance to prove that the IRS had executed illegal or fraudulent accounting practices against them.
The IRS Master Files that are produced for each taxpayer are written in such a complicated and methodical code that whatever illegal activities done by the IRS could never be decoded.
The 1998 Reform and Restructuring Act required the Internal Revenue Service to release the code.
Internal Revenue Service Agents are misrepresenting official records and are executing other criminal acts.
I do not want to hear about your Constitutional Rights!
The Courts deny tax defendants the ability to present evidence!
When brought before the Court for crimes that could result in imprisonment, Tax defendants are consistently forbidden to present any defense based on the Constitution.
The Executive , Legislative, and Courts act in a conspiratorial fashion to continue to enforce the income tax fraud.
Definition and Interpretation of the word "includes":
Decisive legal terms within the Internal Revenue Service code disregard any proper definitions and interpretations on account of the IRS's misapplication of the word "Includes".
This purposeful misapplication of the word "Includes" causes the population to incorrectly believe that the IRS holds Jurisdiction over things, places and People which it does not legally have the authority.
This intentionally induced uncertainty and vagueness equates to a Tyrannical Act against the People and a take over of power which has no authority under the Constitution.
Unless Laws are written with well defined terms the Laws are worthless. This is the exact definition of Due Process!
What is taxed in regulations?
What are Taxable Sources of Income?
It is written in the Statutes of the United States Code to educate taxpayers to use Regulation 861 to verify if their income is considered taxable.
Omissions and revisions of certain key phrases and references have purposely brought about confusion in this section of the Tax Code since 1954, which is the section that will clarify exactly what sources of income are taxable.
Based on the everyday language of the regulations, articles of income are only taxable if they are derived from Taxable Sources.
To find a list of sources, as found in the 16th Amendment which includes the word "source" can be found in Section 861.
The "sources list which is found in Section 861 is restricted to income from foreign sources, foreign taxpayers and corporations.
According to the simple language of the regulations, wages, salaries and even capital gains which are received by average Americans that reside within the fifty States do not qualify for taxation.
The Internal revenue Service does not want the People to learn and read Section 861!
IRS Fraud: There Is No Law That Requires You To File A 1040!
Paperwork reduction Act and the Administrative Procedures Act
According to the Paperwork Reduction Act all government forms necessitating the information from the population must have an Office of Management and Budget number, They must also be referenced in the regulations and must be sanctioned by the Office of Management and Budget.
The 1040 Form has not received an approval as to be the proper form for an individual to file an income tax return. In 1994 any reference to the 1040 form was removed from the table in the Code of Federal Regulations that connected it to the income tax.
It is form 2555," Foreign Earned Income" which is the identified form in the regulations as the form used to acquire the information described in 26 CFR 1.1-1. The Income Tax section!
Even though there is a requirement to abide by the Laws of the United States, the Internal Revenue Service either declines or can not cite any legal authority for the 1040 form and discretely any authority to collect the income tax itself.
The materials available on this hub are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. All materiel are copyrighted properties of the author and may not be used without permission of the author.
To read more articles by Reality Bytes!
Roxanne Dimacale on June 21, 2016:
Practical article ! I was fascinated by the insight - Does someone know where my company might get ahold of a fillable IRS 2555 example to fill in ?
John Ginzburg from Tel aviv and New York on September 23, 2012:
I agree with you that there is inefficiency regarding tax collection. We need to amend this and not abolish or reduce taxes. As a citizen I will be happy to pay even higher taxes as long as this money goes to people in real need: people who lack sound health care for example.
Mr Constitution from Tennessee on September 18, 2012:
This is excellent summary and post on the real legalistics of our current system of taxation. I could provide much more information to support the information here but it wouldn't be fruitful. There is enough here to convince the open minded and there will never be enough information to convince the closed minded.
However, I can tell why this ruse goes on. It's because most normal and sane people cannot afford to risk jail time to fight for what is right. Unfortunately you will have a jury of people who do not understand what is posted here on this page and trying to convince them during a court case where the judge and attorneys are contrary to your words will get you a guilty verdict usually.
The only way to beat this is with education and information. We also must begin to build pride of self in this country. Too many live on the government and they foolishly think our tax dollars are feeding them so if you think they're going vote on your behalf in a court case, dream on!
John Ginzburg from Tel aviv and New York on September 11, 2012:
In my opinion the question is not whether taxes are justified or not. Justification is judged according to how and on what tax money is spent.
Lester Schunk from Santa Ana, California on August 04, 2012:
If this is all true...why is the IRS running over every American and getting away with it????? There is Nothing Americans can do to protect themselves! If so ....what is it??????
Amberclad on August 01, 2012:
Although I agree with a lot of what is said, people must know that the government can and will do anything to get it's own way. Getting caught for not paying taxes can lead to jail time and even more taxation. Now there are many arguments that you can use to state your case (like the ones listed in this article) but courts view "tax protestor cases" as a waste of their time and even fine you for doing such. I'm not trying to discredit what is said here, but avoiding taxes can and will cause you a lot of grief, cause remember, the government always gets what it wants.
On another note, Zeitgeist the movie is a documentary that everyone needs to see. Peter Joseph (the creator) has also done 2 more documentaries, Zeitgeist Addendum, and Zeitgeist-Moving forward. In the end, Taxes don't hold a candle to what's going on in this country.
Mr fox on July 04, 2012:
You will not succeed in the slavery of our species!
detgadget on June 29, 2012:
The fact that the US government collects income taxes illegally from common American's wages is true. There is no legal liability that directs citizens to file a 1040. This is not a conspiracy. This is outright gangland stuff, perpetrated by thugs wearing white collars and some carrying big guns.
Several court cases resulted in the defendants being acquitted of any crimes based on the lack of constitutionality of the current laws concerning taxes. One way or another the government does what the government wants. If that doesn't work, they resort to force and intimidation. Our society has the illusion of freedom. The reality is that once you get your social security number, you are tracked till the day you die.
The fact that the government imprisons people for allegedly breaking tax laws doesn't mean the government is correct in doing so. It only means that until every American stands up and questions this abuse of power, the abuse will not only continue, but get even worse. We will in our lifetime see Marshall Law imposed as the masses get wise to everything illegal that is being perpetrated by our government. And unfortunately, I will get orders from my superiors to use my authority to help enforce that Marshal law.
View the movie zeitgeist on netflix or youtube in its entirety and you will see in plain English what is happening before our very eyes. The government can't hide what they're doing because of the internet. But they instead lie over and over again until we start believing it. In fact, we want so badly to believe it. We want to believe we are lawful participants in this experiment that we call America. When the fact is, we've gone backwards ever since the bankers re claimed the stronghold they had over us during British imperialism when they resurrected the central banking system which controls all aspects of our money, thus enslaving us once again. Now, the powers who control the American banks are going after the globe and have been doing so for over 100 years.
Reality Bytes (author) from Freeman On The Land United States of America. on March 26, 2012:
jasonpat21, you may file anything you wish. If you are endorsing potential evidence without reading what you are endorsing, you also may be in trouble.
"Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
If there is an error on your return, perjury could also be added as a charge.
jasonpat21 on March 26, 2012:
Its important to fill a file for the tax returns in any country if you did not fill this file you may be in trouble.
intrested on March 09, 2012:
is there free legal help for these sort of things.. i am sure there is a lawyer or 2 out there who would want to take on the type of case
Reality Bytes (author) from Freeman On The Land United States of America. on November 20, 2011:
I am not trying to provide answers, I do not know them. I publish hubs based on events or actions that interest me. I provide information. I want every reader to have something to think about after reading any of my hubs. I want the reader to make their own decisions, empower themselves as to their Rights. I want the reader to continue educating themselves beyond my hub.
To me the world needs change, the spark that will change the world is education. I want to encourage that desire more then I want to "write a hub".
I present facts the way I believe them to be true. I do not portray falsehoods. I present facts. I would reconsider on whether or not any of these facts are new depending on the reader. Some readers have a minor knowledge of history. So to them this is all new.
BTW: Filing an Income Tax Return IS NOT Mandatory.
marriedwithdebt from Illinois on November 19, 2011:
I am not saying your income tax arguments are on FOX News. They are so outlandish that Fox won't even dare to push them. I'm saying that your editorial style is similar to Fox News. It is basically this: I know that the earth is flat, and anyone who believes differently is a fool or worse, part of the conspiracy to make you believe the earth is round. You have not advanced any new knowledge, and rather, are simply pushing a style of argument that you can apply to anything and be "right" every time. This style of debate is most often used to push the flimsiest of arguments, such as the Obama birth certificate nonsense
Reality Bytes (author) from Freeman On The Land United States of America. on November 19, 2011:
Yes of course the U.S. Justice system. Enough said, our Attorney General is currently under indictment 11/19/2011 for perjury and the investigation continues.
Not a reliable source.
I never saw any of this on Fox News I challenge you to provide source!
marriedwithdebt from Illinois on November 18, 2011:
I hear your arguments, but they have all been deemed not valid by the US justice system. Following these beliefs could land you in prison, just ask Wesley Snipes. I don't want to argue with you because you have conveniently cloaked your arguments in a government conspiracy, which means that you hold the "trump card" and will always say that any evidence that proves you wrong is part of the conspiracy. Typical Fox News arguments.
Ven Geancia on August 20, 2011:
There's a difference between a complaint and a claim....check out more at Musicians4Freedom(dot)com.
Reality Bytes (author) from Freeman On The Land United States of America. on May 20, 2011:
Bob, most people are not aware of these things because they are not taught in schools. It has also become a habit for Americans to fear questioning the Federal Governments authority. The Federal government uses fear, coercion and intimidation to control the masses. It is a sin that the People should have a fear of their Federal Government!
The same Federal Government who by definition are SERVANTS of the people!!!!
Bob marshall on May 19, 2011:
Why aren't all Americans aware of this?