Everyone Is Entitled To His Own Opinion-- But Facts Are Facts
INTEREST IN THE TRUTH ABOUT THE "INCOME" TAX is widespread and intense, and has been for many years. This is no surprise-- anyone with even a modest understanding of law and/or American foundational principles recognizes that if the tax were actually constructed as the casual observer has been encouraged to perceive it since the late 1930s, it would be unlawful.
After all, the Constitution prohibits
capitation taxes; the
Supreme Court has declared that prohibition to remain fully in force even
after the passage of the 16th Amendment; and yet the “income” tax-- as
the casual observer is encouraged to perceive and respond to it-- appears
to be a
capitation. Thus many
Americans, recognizing both their own self-interest and their civic duty,
seek to unravel this
apparent contradiction, ensure that they are being dealt with lawfully by
their servant government, and defend the general
rule of law without which
we are mere dupes, serfs, and traitors to both the sacrifices of our
ancestors and the legacy owed to our children.
This widespread and intense interest encouraged much theorizing about the true nature of the tax prior to that truth finally being sorted out and published in 2003. Unfortunately many of these errant theories became as deeply-rooted in the minds of those who conceived or encountered them as is self-serving government mythology in the mind of the average American who hasn't given the subject any thought. Like the latter nonsense, the alternative errors cling to life within the "tax honesty" community, blocking the sunlight from reaching where it should.
Errant notions about the tax produce individual tragedies, while also dramatically hindering the progress of the truth. Millions of "non-filers", for instance, sit on the sidelines rather than lend their numbers to forcing "ignorance tax" scammers to give it up and go home now that the truth is out.
All-in-all then, errors are harmful to everyone, even those who are not afflicted with them directly. Therefore, in the interest of helping everyone identify, correct and clear away these hindering errors, I offer a few facts by which any notion-- those promoted by tax agencies and legal and accounting professionals, as well as those of any "guru" or troll-- can be tested:
FACT: The current “income” tax is the same one enacted in 1862. Vast portions of the current Internal Revenue Code represent statutes passed during the first 47 years of this tax structure, before the existence of the Corporate Excise Tax Act of 1909, the 16th Amendment, the Revenue Act of 1916, the Revenue Act of 1921, the Uniform Commercial Code, etc.. Note that I do not say duplicate such older statutes-- the Code appendix references which identify the statute underlying each of these many sections of the IRC specify 19th century enactments as the authorities of which they are evidence. In other words, these 19th century enactments thus referred to are still the law today. Any ‘theory’ or argument that doesn’t acknowledge and explain how the “income” tax was administered and sustained for all the years before any of the measures listed above were enacted, and how the current body of law continues to incorporate many of the same statutes without interruption, is, at best, not ready for prime-time.
FACT: Not only does the tax imposed in chapter 21, Subtitle C ("Employment Taxes"), specifically declare itself to be an "income" tax, but section 31 of Subtitle A declares the amounts withheld under chapter 24 of Subtitle C to constitute credits against the “income” tax imposed in Subtitle A. Any ‘theory’ or argument that fails to acknowledge and address the fundamental integration of Subtitle C's so-called "employment taxes" within the overall “income” tax structure is, at best, not ready for prime-time.
FACT: A comprehensive, deeply embedded, and fiercely defended system under which every payment to every American is followed by the creation of evidence (W-2's and 1099's, mostly) alleging (and alleging only) that the payment is effectively connected to the federal government UNDENIABLY DOES EXIST. On the other hand, no system under which evidence of foreign, corporate, "US citizen" or other status is relied upon in applying, administering or enforcing the tax can be demonstrated, even though some such system would be required to implement the schemes suggested by advocates of many popular 'theories' or arguments.
Promoters of errant theories and arguments try to work around this
problem with such absurd notions as that everyone is assigned a ‘corporate
persona’ at birth,
or is transformed into one when his or her name is
printed in all capital letters; or that Joe Smith from Cincinnati, or his payer,
presumed to be a French (or other foreign) national by the IRS and any
court with which he deals in regard to a tax matter. Needless to say, no
indication of these speculative fancies can be shown to appear in
any written law or court proceeding; rather, we are
asked to accept that a silent, invisible (and highly convenient)
conspiracy is at work (which somehow needs these strange practices to
operate, as though the regime which IS demonstrably in place isn't doing
the job). Any
‘theory’ or argument that cannot explain the evidentiary regime which
demonstrably DOES exist, and/or cannot prove the existence of a credible alternative,
is, at best, not ready for prime-time.
FACT: Any 'theory' or argument that fails to acknowledge and properly account for these and other facts will almost certainly represent a legal and financial disaster-- sooner or later-- for any who are persuaded to act upon them. Not only is this a tragedy for the individuals themselves, but each victim thus ruined serves as a paralyzing lesson to other Americans that "You Can't Fight City Hall"; or that any suspicions about the "income" tax at which they might have independently arrived are best forgotten.
Similarly, any American first exposed to the idea that something might be amiss with the popular conception of the tax by way of 'theories' and 'arguments' that disregard the facts is going to discover such flaws after only a minimal amount of research. Many of these potential patriots will be forever lost to the ranks of those pressing for proper respect for the limits on government power (and instead will enter the ranks of those who disdain without examination any challenge to the "official story").
This good cause cannot afford to lose even one such American, and not just because any mind embracing lies is an individual tragedy and the withholding of strength from the ranks of those upholding the law. In the case of the "income" tax scheme, anyone who isn't part of the solution really is part of the problem: those who don't know the truth are among the producers of the faulty evidence by which the system is improperly brought to bear on their fellows (as well as judges, jurors, cops, soldiers, voters, etc.).