On TAX DAY, A Reminder That Taxation Is Theft

in #life6 years ago

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In the U.S., citizens all across our great land are exhaling a collective groan: they have either filed income taxes, filed an extension, or haven’t filed and are hoping nobody notices.

However, what do you know about the nature of income taxes in America?

If you’re a Steemian, it’s likely that you have much more knowledge and awareness of this topic than most -- Steemit is a real hardcore “taxation is theft” crowd.

But for those of you who are unaware, I’d like to touch on this topic ever-so-briefly, in my own undereducated way, and see if we can get a bigger discussion going and get some answers from our government about why they’re forcing us to pay them money on our wages.

Define “income”

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The 16ht Ammendment reads thusly:

Amendment XVI
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.

Seems pretty cut-and-dry. But that’s only if you’re taking a few things as a given.

You accept that the amendment was properly ratified, which is an argument that has been made but not considered valid by the courts, despite the fact that the courts don’t do a good job (in my retarded opinion) elaborating on why they consider the evidence presented as invalid.
The word “income” was legally defined as something very different at the time of this writing, and has never been legally redefined by the Supreme Court to mean what we consider “income” in common parlance.

In the U.S. Code: Title 26 - INTERNAL REVENUE CODE, the term “income” is used, but is never specifically defined.

“What’s the big deal about that?” you might ask. Income is income is income.

Well, not really…

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The Supreme Court defined income in Eisner v. Macomber,
252 U.S. 189 (1920)

The government, although basing its argument upon the definition as quoted, placed chief emphasis upon the word 'gain,' which was extended to include a variety of meanings; while the significance of the next three words was either overlooked or misconceived. 'Derived-from- capital'; 'the gain-derived-from-capital,' etc. Here we have the essential matter: not a gain accruing to capital; not a growth or increment of value in the investment; but a gain, a profit, something of exchangeable value, proceeding from the property, severed from the capital, however invested or employed, and coming in, being 'derived'-that is, received or drawn by the recipient (the taxpayer) for his separate use, benefit and disposal- that is income derived from property. Nothing else answers the description.

The term "income" has repeatedly been held by the courts to indicate "gain on capital" and not receipts, wages or a fee received in exchange for selling an item of property. Since a tax on property would be a direct, unapportioned tax that the US Constitution does not allow

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Fifth Amendment - U.S. Constitution

“Income” is corporate gains, according to the Supreme Court

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Yet it is plain, we think, that by the true intent and meaning of the act the entire proceeds of a mere conversion of capital assets were not to be treated as income. Whatever difficulty there may be about a precise and scientific definition of 'income,' it imports, as used here, something entirely distinct from principal or capital either as a subject of taxation or as a measure of the tax; conveying rather the idea of gain or increase arising from corporate activities.

Doyle v. Mitchell Bros. Co.,
247 U.S. 179 (1918)

And if it wasn’t clear enough already, in Merchants' Loan & Trust Co. v. Smietanka,
255 U.S. 509 (1821)
, it states:

There can be no doubt that the word must be given the same meaning and content in the Income Tax Acts of 1916 and 1917 that it had in the act of 1913.

there would seem to be no room to doubt that the word must be given the same meaning in all of the Income Tax Acts of Congress that was given to it in the Corporation Excise Tax Act, and that what that meaning is has now become definitely settled by decisions of this Court.

“Income” = corporate gains, not wages, labor, or receipts.

Has any IRS representative contested this?

No.

Not that I’ve seen anyway (feel free to set me straight in the comments).

Some representatives have been questioned, though reluctantly so and very rarely, and have never been able to elaborate on this.

Here we shall see the late Aaron Russo interviewing former IRS Commissioner Sheldon Cohen. Cohen’s answers and his general demeanor is absurd and embarrassing. See for yourself:

I do not accept "it's silly!" or contradictory, randomly pulled out of the ass "facts" as an argument.

Taxation is theft

Swanson dropping red pills.

The fact of the matter when it comes to income tax is that the government simply continues to do it because people continue to let them.

Income tax is an extortion racket: the Government obtains your property and money by force of threat.

What do you think?

Do you agree or disagree with my assessment here?

Have I missed something that would enlighten me that you’d like to share?

Leave a comment below!

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There are rabbit holes that go into this subject floating around in a lot of places. Some of the info is correct and some of it isn't. Depends on which rabbit hole you go down and which turns it takes. :)

Some of the folks over at the Lighthouse Law Club (http://lighthouseliberty.club/) have some letters they've sent to the IRS in the past that worked. At least that is what I heard. I guess in the US,you're required to file a 1040 OR a filing statement in lieu of the 1040. They took advantage of that.

I have NO idea what they are charging these days to get in. It's basically a letter putting the screws to the IRS quoting their own rules, but then reminding them they can't even trust their own rules according to their own rules and statements. The letter also indicates that they are WILLING to pay the tax of what the owe as soon as the IRS figures it out, but unfortunately since their rules are so convoluted (over 40k worth of tax code/laws/rules, etc)... the signer of the statement says under good conscience they can't sign the 1040. The fine print says that by signing, you agree to ALL the terms and conditions and understand them all....

Do you or I understand 40k worth of pages of tax law?

Didn't think so. So anyway, what they do is take away the "willful" part of non-payment by expressing they are WILLING but with conditions. They even include a money order for 50$. Once it's cashed, legally, the IRS is basically stating they agree to what is written on the statement.

I dunno. Take it for what's it's worth. DO YOUR OWN RESEARCH.

After I did my own research, I learned I can't deal with the onslaught of paperwork filings and threats they make and them seizing things as a result of it until I learn to literally live with NOTHING -- maybe operating on the gift economy only.

That will be the day...(Mikl looks wistfully up to the clouds.)

But yeah, the way it is set up now (since around 1913 in fact), it's all a big sham, completely illegal and the IRS needs DA BOOT!

I have to say, this is the most coherent explanation of "tax is theft" I've come across so far, thank you.

I do have a couple of questions for you though. The first would be what would you say is the solution to this problem? If all tax is theft, what are you proposing we should do?

Also, after browsing through British legislation and guidance published by HMRC, the definition of income differs here in the UK to what you've stated above, as far as I can tell. Income here is:

  • money you earn from employment
  • profits you make if you’re self-employed - including from services you sell through websites or apps
  • some state benefits
  • most pensions, including state pensions, company and personal pensions and retirement annuities
  • rental income (unless you’re a live-in landlord and get less than the rent a room limit)
  • benefits you get from your job
  • income from a trust

As I'm sure you're aware, there's a more socialist element to our system, with things like the NHS and a robust benefits and welfare system (although far from perfect).

So, how does this apply to countries outside of the US? What does the UN and similar organisations say with regards to taxation?

Again, a great write up!

The problem is the idea that the United States is a free country, it isn't, you also are a totalitarian country ruled by an elite.

I would have laughed at the sarcasm that you used in the post, had the situation not been so real.

They tax an income that is already earned through means that were taxed before hand. Which in turn were taxed previously. Tax till 'nothing' much less 'nothing taxable' is left.

I was looking at the debt-age demographics and it was a crushing realization. Most of the people born are to parents who are in debt. This child will incur some or other form of debt even before he reaches adulthood. As his parents pay of their debts, this child would grow socioeconomically and start incurring more debt. So as his parents debt decreases, his own would increase. The same cycle would follow in the next generation.
Born in debt - raised in debt - die in debt. I think this says it all.

To listen to the audio version of this article click on the play image.

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I agree...Great post! If more people would speak up and try to change things though, I think we would be beating a dead horse. Most people don't really understand the process enough to speak up anyway.

💖

In Canada we are heavily taxed! It was a wartime measure that never went away. Beer is way too expensive now!

Taxation is just a way to rip off the middle class and make the already rich, richer. Also it would have been okay if the taxes we paid were actually used to our benefits

Well, you forgot the part where they create a corporate entity from your Berth Certificate. And it is this corporate entity that owes taxes.

But, this entire thing is a sham.
From the constitution up.

I've looked into that a little bit before. Wild stuff. I'll probably write something about it after doing some research. 👌🏼

About 20 years ago I sent the IRS a letter telling them to go F... themselves. Didn't work so well. They threatened to sell my kids into slavery. Well not really but you get what I mean. So now I use the best and most aggressive CPA i could find to limit my exposure to our masters. blessings.

Can you detail a bit more please? I'm interested in limiting my exposure as well. Cheerrs

Here is the deal, and I know there are very few that agree with me, so I dont mind if you have another opinion. Our nation has engaged in unjust wars for the past 18 years (well actually long before that). I cannot morally support that. I cannot give my money to a corrupt government. However, I don't like the idea of going to prison either. So, lets just say I rebel in my own small way. I use the best CPA to help me legally limit my exposure, and he does not ask questions as to where I come up with figures I give him. I mean come on! Last year Google paid ZERO taxes. They do what I do but on a much larger scale. It's all a game. If you have money for tax attorneys and the best CPA's you pay a much reduced tax, or none at all. Simple as that. If you are in business for yourself you must shop around and find the right CPA, most are just compliant minions of the State. That won't help you. If you are an employee there is basically no way out. You'll pay taxes. Period.

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