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Income Tax Gets Supreme Court Review

Well, It seems that this issue, constantly branded "frivolous" by many lower courts, now gets docketed by the Supreme Court. After 25 years or more, doing my own research, and studying the writings of other researchers, such as Larken Rose, Pete Hendrickson, Irwin Schiff, Dave Champion, Tom Cryer, and others, the issue may finally get a hearing. Notice I didn't say FAIR hearing. In order to bring the income tax regulations back in line with the Constitution, (and standing black letter law, and previous supreme court decisions) the government must walk away from a lucrative revenue stream they are comfortable with, and start funding the government via other means, eg. Tarrifs, excises, and imposts. And, they must stop treating earnings of individuals as a government privilege.
Just the act of docketing this case has erdicated the government's phony tactic of declaring similar positions "frivolous."
"Let justice be done, though the Heavens fall."

http://www.wnd.com/2012/09/supremes-docket-income-tax-challe...



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Income Tax gets your money! The IRS plays for keeps.

Income tax receipts go to pay interest on the supposed National Debt. Transfer payments are made (e.g.: social security, welfare, or aid).
That is all.

'Not one nickel goes to pay for services taxpayers expect government to provide.' - Executive Summary of the Grace Commission ordered by President Ronald Reagan, 1984. Reagan innocently suggested taxpayers would be willing to pay income tax if they were shown how it provides what they want from their government. Reagan was rudely awakened to the stark reality of the income tax.

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Probably not more than a

perfunctory glance I'll bet.

Stop! Do not collect $200. Do not pass Go. Go directly to jail!

[Police whistle!]

"There isn't a rich man in your vast city who doesn't perjure himself every year before the tax board. They are all caked with perjury, many layers thick. Iron-clad, so to speak. If there is one that isn't, I desire to acquire him for my museum, and will pay Dinosaur rates."
- "A Humane Word from Satan" by Mark Twain

"[I] shall never use profanity except in discussing house rent and taxes.... -- though to speak truly I do not see how house rent and taxes are going to be discussed worth 1¢ without it."
- "Two Mark Twain Editorials," Europe and Elsewhere

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

No income tax. No 16th nor 17th Amendments. "Legal fiction."

"Legally blind."

Search: DailyPaul income+tax Grace+Commission Reagan

Extra Credit: DailyPaul "The Law that never was"

For those Constitutionally inclined: DailyPaul 16th & 17th Amendments never ratified

"Hain't we got all the fools in town on our side? And ain't that a big enough majority in any town?"
- The Adventures of Huckleberry Finn by Mark Twain

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

We need to get rid of the

We need to get rid of the supreme court as well.

its a game of force

if enough refuse and retaliate and destroy the murderer enforcers than it stops if not than it doesn't. also could be a game of money, destroy fed and not enough resources to enforce or both.

Unfortunately the SC will

Unfortunately the SC will just rubber stamp the governments lucrative extortion racket and then all those years of research and fighting will be down the drain as the IRS will have its "frivolous" stamp completely approved.

I don't know why people think appealing to the slave masters to treat the slaves more like free people will have any effect. The out of control thugs we call government will never cut off their own meal ticket and the people are so brainwashed, chemically castrated, and nutrient deficient most of them don't even know better or care.

-----
End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

I'm with you on all of that but people are trying to do

something.. I personally think we're putting off the inevitable but peace is worth a try.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

WOW! only 29 upticks!

This should be at 1000 upticks by now. This issue is the very heart and soul that lubercates the wheels of the evil machine that rules this country.

And the majority of the DPers, can't even see it. For if they did we'd be sailing past 1000 by now! How pathetic we are!

The Winds of Change!

About the only people who have trouble seeing are those that

still have their heads in the clouds.

I would imagine people aren't excited by this because we already know the most likely outcome. This is nothing more than theater.

You don't really think that they'd allow the flow of money to be taken away, do you? I predict that this is nothing more than a show put on so that they can reiterate the "importance" of paying taxes. It also most likely signals the beginning of harsher things to come concerning those that don't, can't afford or refuse to pay.

This will serve as a reminder to the sheep. Pay, or you will pay.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

It's not about money

it's about control.

Actually it's about both and I'm sure others could come up with

more reasons. Whenever government does something it's always multilevel.

I was, however, dealing with specifics.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

The Constitution is the law of the land!

The Constitution shows all the taxes the government can lay. There is no more period!

Cut there funds off.

Get Audit the Fed through Senate.
http://www.dailypaul.com/256537/viral-video-mission-get-audi...

www.SuccessCouncil.com
Protect your assets and profit from the greatest wealth transfer in history.

What is the answer?

Under Article I section 9 of the Constitution it says "No Capitation, or other direct, Tax shall be laid" so how does the income tax get around this? Before you jump an say the 16th Amendment look at what the Supreme Court had to say about the 16TH Amendment.

"The Sixteenth Amendment.....does not extend the taxing power to new or excepted subjects....
Peck & Co. v. Lowe, 247 U.S. 165, at 172 (1918)

What this means is the taxing power congress had before the 16th Amendment remained the same after the 16th Amendment.

1895 the Supreme Court stated that a income tax on wages was Unconstitutional.

So in 1895 it was Unconstitutional to tax wages an the 16th Amendment did not change anything.....so what makes it Constitutional today?

fireant's picture

"...unless in Proportion to the Census or Enumeration herein."

What's your take on that?
When incorporated with Section 2, "[Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers,...]", my take is the only method of taxation upon the People, considering the Constitution elsewhere equates the People to the States, is to tax the States.
Enjoying the conversation by the way. Thanks.

Undo what Wilson did

The Court interpreted the

The Court interpreted the income tax as an excise tax on the monetary exchange between employer and employee.

Ventura 2012

To lay such a tax the government would have to prove they were

governing a matter of interstate vs. intrastate.

The Constitution allows the government interstate powers but not intrastate.

The Winds of Change!

That's not true.

When they tax the fruit of your labor that is a poll tax. They can not change the name just for the purpose of taxing it!

Unfortunately the Courts feel

Unfortunately the Courts feel otherwise, but I agree with you.

Ventura 2012

What case?

Can you tell me the case? Lower courts can not over turn Supreme Court rulings.

Brushaber interpreting

Brushaber interpreting Pollack

Ventura 2012

Can not be...

The tax can not be an excise tax because its not uniform throughout the States.
Uniform taxation means that everybody pays, and that everybody pays the same tax rate.

Steward Machine Co. v. Davis (1937)

"The Congress shall have power to lay and collect taxes, duties, imposts and excises." Art. 1, & 8. "IF THE TAX IS A DIRECT ONE, IT SHALL BE APPORTIONED ACCORDING TO THE CENSUS OR ENUMERATION." If it is a duty, impost, or excise, it shall be uniform throughout the United States. Together, these classes include every form of tax appropriate to sovereignty. Whether the tax is to be classified as an "excise" is in truth not of critical importance. If not that, it is an "import", or a "duty". A capitation or other "direct" tax it certainly is not."

Not necessarily.

Uniform can still allow for variations, as long as those variations apply everywhere.

So people who have X amount of income can pay one rate, and people who have Y income can pay another, as long as everyone who falls under X pays the same rate, and everyone who falls under Y pays the same rate, even if the two rates are different, the tax is uniform.

You're looking at it as a single tax, when in effect, it really is multiple taxes written together. Each bracket, at a separate rate, is a separate tax. And in some states, it really is implemented this way. You pay Z rate on the first X amount, then W rate on the next Y amount, etc. EVERYONE pays Z rate on the first X. But people who have more and reach Y, ALSO pay the W rate on just that portion OVER X.

Some people try to explain the federal taxes thus, but they don't work out that way - they are blanket once you hit a bracket, not incremental.

Is this your opinion?

Or can you back it up? Show me a Supreme Court ruling on this. So if you make more money it cost you more to do the same thing as everybody else? Again show me the proof!

It isn't my opinion, it is based on reading cases law,

and I don't recall which level they were on, or even what they were anymore.

I'm not the one making the claim of what they think uniform means.

On the contrary, show me proof from a court case that it means what YOU say it means.

If you look it up and study it, you'll find exactly what I'm saying.

I'm not sure what you mean by "do the same thing as everybody else."

Look:

If you have three people, each with an income (not wage) of say $100, $1000 and $10000, and there are taxes levied so: First $100 - 1%, next $900 - 2%, next $9000 - 3%, then they will pay thus:

A - $100: tax = $1
B - $1000: tax = $1 + $18 ($900 * 2%) = $19
C - $10000: tax = $1 + $18 + $270 ($9000 * 3%) = $289

So you see here, each person earned $100 of income - they all paid $1 in tax for the privilege of doing so.

Two of them earned $900 of income - they each paid $18 in tax for the privilege.

One of them earned $9000 of income - he paid $270 for the privilege.

Uniform does not mean that every $100 has to be taxed at the same rate.

It means the law has to apply equally throughout the nation.

Go look it up and stop being lazy.

Everyone who has $100 in income pays the same rate.

Everyone who has an additional $900 in income pays the same rate on that additional $900.

Everyone who has an additional $9000 in income, pays the same rate on that additional $9000.

Thus calculation applies to anyone, everywhere in the country the tax is imposed upon.

Excise????

Congress agrees with this: House Congressional Record 3-27-1943 page 2580
"The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities and privileges which is measured by reference to the income which they produce. The income is not the subject of the tax: it is the basis for determining the amount of tax."

I guess now we've got to determine how my wages fall under excise taxes? Is it a certain activity? Or is it now a government privilege to work?

Yes, that explanation is correct. The tax is on a privilege

and the income is a measure of the amount of privilege enjoyed.

Your last three questions are the entire enchilada.

Their answer will slap many in disbelief.

The answer to your last two are thus:

It is not a privilege to work.

It is a certain activity.

Now, how is earning a wage a privilege then? It's not. Unfortunately, men with guns who aim to kill anyone who disagrees will take your money anyway.

Subtitle A and C are not being enforced legitimately. Millions are duped into paying and the rest do so under duress via the threat of force, ultimately, lethal force.

We do not live in a civilized nation. We live in a nation run by thugs and thieves.

You speak the truth 100%

The only way to over power the thugs and thieves....is for the people to wake up! How do you wake someone up that has been lied to their whole life? Most people are so brainwashed that they think without the income tax the government could not operate or there would be no roads! All we can do is keep opening eyes and hope its not to late!

OK I see what you are saying....

The more you make the more you pay....per level as it goes up. So is the tax a duty, impost, or excise? As far as case law I've seen some call it a direct tax and some call it a indirect tax and we know it can not be both.