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Everyone Is Entitled To His Own Opinion-- But Facts Are Facts

Interest in the truth about the “income” tax is widespread and intense.  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 is encouraged to perceive it, 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-- is a capitation.  Thus many Americans, recognizing both their own self-interest and their civic duty, seek to become more than casual observers-- in order 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 has encouraged much theorizing, unfortunately including some which is well-intentioned and serious but unsupported by well-honed research skills; some which reflects an impatience with anything but quick and easy answers; and some outright charlatanism entirely disinterested in the truth but hungry to make a few dollars or enjoy a little limelight at the expense of the naïve.  In order to help the reader sort out the honest and credible from the rest, I offer the following several testing points:

FACT: The “income” tax was first enacted in 1862 and has been repeatedly re-enacted ever since.  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, 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 and 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 of money to every American is followed by the creation of evidence (W-2's and 1099's, mostly) alleging 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, or other status is created or 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.

Instead, in contrast to the concrete and clearly apparent actual regime, promoters of alternative ‘theories’ and arguments-- being obliged to account for the otherwise glaringly obvious contradictions of reality in their constructs-- propose 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, is 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 sign that these speculative fancies are reflected in any written law, court proceeding, etc. can be produced; rather, we are invited to understand that a silent, invisible (and highly convenient) conspiracy is at work.  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.

Therefore:

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 lesson to other Americans that "You Can't Fight City Hall"; or that any suspicions about the "income" tax and the law that they might have arrived at independently are best forgotten.  Similarly, any Americans whose first exposure to the idea that something might be amiss with the system is by way of 'theories' and 'arguments' that disregard the facts are 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.  This good cause cannot afford to lose even one such American, if for no other reason than that 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.).

For a detailed discussion of many common misunderstandings of the law, click here.

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