16th Amendment is Valid. Pay Your Tax


taxes

1863 Tax Receipt

1863 Tax Receipt

On This Date in History:  You don’t need me to tell you what today is…it is tax day.  But it wasn’t always the day when Federal Income Tax is due.  In fact, there hasn’t always been an income tax.  Originally, the founders had envisioned a national government funded by tarriffs and fees on commerce.  But, the extreme cost of the Civil War far overburdened the treasury so Congress passed the Revenue Act of 1861 to place a tax on citizens to finance the war. But, Congress did something that it doesn’t do too often, which is to repeal a tax.  The Revenue Act was repealed in 1871, once the finances of the nation were back in order.  Congress found itself a little short of money again and so once again decided to tax the citizens on their income in 1894, but that tax was struck down by the Supreme Court as unconstitutional.  The problem was that the tax was a flat tax on all individuals but was not apportioned accordingly to each state as it related to each state’s population.    Well, when Congress want’s money, its not going to let a little thing like the Constitution get in the way…all you need to do is to amend the document.  In 1909, President William Howard Taft proposed a Constitutional Amendment and the Congress passed a resoluton for such an amendment later that year.  On February 25, 1913 Secretery of State Philander Knox announced that the required 75% of states, 36 at the time, had their legislatures ratify the amendment and it became law.

Read All About Alleged Fraud

Read All About Alleged Fraud

Now, over the years there have been those who claim the amendment was a fraud.  That the states never ratified it.  Part of the claim is that there were grammatical and spelling differences between the documents and that what each state voted for was not identical in every way to the one written as the 16th Amendment.  That argument has been shot down numerous times and here is a scholar’s explaining the flaws in the argument.    There was even one ruling that said that an amendment to give Congress the authority to tax was never even necessary but that the 16th Amendment removed the obstacle of apportionment. (think its Penn Mutual case)  Most recently, actor Wesley Snipes tried to not pay his income taxes based on such advice.  He was convicted.  Typically, these arguments of the 16th Amendment being invalid also go along with the idea that the Federal Reserve system is unconstitutional.  Here is a scholar who explains why that is wrong.  Now, I have heard these arguments from those who also make the claim that the contrails we see overhead are really chemtrails.  I have yet to find any credible evidence to support any of these claims. 

"Snipes" Got 3 Years

"Snipes" Got 3 Years

Accept it…you have to pay your taxes.  The due date was originally March 1.  But, after reform in 1918, the date got pushed to March 15 until the 1950’s when another wave of reform ended the patronage system and instead used career employees.  Since 1954, this date in history has been known as tax day and I suspect that it will be for the foreseeable future since there doesn’t seem to be any big push to change the day and I don’t know of any reason to do so.  However, taxes have been an issue with this nation since before its creation and, in fact, was a big reason for the independence movement in the first place. 

SPC Severe Threat Friday and Saturday

SPC Severe Threat Friday and Saturday

Weather Bottom Line:  Not a great day around here on Tuesday.  Told you the low would be pokey and we’ll probably still have a lot of clouds around on Wednesday too with cool temperatures…perhaps around 50 or so for a high.  There could be some areas of drizzle as well, particularly in the morning.  The storm system out west that was threatening Thunder Over Louisville is appearing more and more to be our friend.  We start to come out of the bucket on Thursday with lots of sunshine and the mercury moving toward 60.  Then we get toward 70 on Friday as the system out west starts to come out and draw up warmer air so we add another 10 degrees.  Saturday, we’re really getting into the southerly flow and we get toward the middle 70’s.  This of course sets us up for t’storms on Sunday but so what…the big festivities will be done with and thats great because there’s not much worse than a chilly and cloudy Thunder Over Louisville.

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21 Responses

  1. LOOK AT THAT YOUR RIGHT. EXCEPT
    THE 16TH AMENDMENT IS AN EXCISE TAX. LOOK IT UP!

    U.S. Constitution: Sixteenth Amendment
    Income Subject to Taxation

    Building upon definitions formulated in cases construing the Corporation Tax Act of 1909, 14 the Court initially described income as the ”gain derived from capital, from labor, or from both combined,” inclusive of the ”profit gained through a sale or conversion of capital assets”; 15 in the following array of factual situations it subsequently applied this definition to achieve results that have been productive of extended controversy.

    http://caselaw.lp.findlaw.com/data/constitution/amendment16/02.html#1

  2. Google Tom Cryer. I would like to hear your expalnation of why he won his case against the IRS for not paying (illegal taxes on your time) his “supposedly owed” taxes. The people who argue that the 16th amendment wasn’t properly ratified are misinformed. The true reason that we are all suckers and pay taxes, is that the tax is supposed to be on income…which is money made from money (ie. investments etc.), and not money made from your labors. If you research you will find that former IRS agents and several lawyers have won their cases because they prove that they do not owe taxes on their time.

  3. Typically I don’t use Wikipedia as a source but in this case, I’ve looked up the guy’s citations for verification and they seem to hold water. Apparently, the charges of tax evasion were dropped so it wasn’t litigated. He was acquitted of willfully not paying his taxes because he convinced the jury that he really believed that he didn’t have to pay. In other words, the prosecution failed to prove intent. It is not a case for proof as so many on line bloggers assert.

    The truth is that no one has ever won a case based on the assertions put forth. I would also suggest that this guy has probably spent more in legal expenses than his taxes would have been. While it may be noble, its not very smart financially. I would challenge you a case in which a defendent has won on the grounds that the tax is not constitutional. Wesley Snipes tried that too. I would also submit that the guy saying that the amendment violates the constitution is specious. An amendment becomes part of the Constitution. If that argument was true, then the 13th amendment barring slavery would be null and void. Until I see otherwise, the position is nonsense and in the arena of chemtrails, the grassy knoll and area 51.

    http://en.wikipedia.org/wiki/Tom_Cryer

  4. federal income tax and state income tax is illegal. Wesley Snipes should not be in jail.

  5. There have been numerous cases that have been litigated and the courts consistently disagree. Please support your position as to why you think that you are correct.

  6. SHOW ME, Print the chapter and paragraph and where’s it’s at. Webpages don’t cut it stupid!!

  7. I doubt if you’ll read this because your verbiage indicates you are a guerilla poster….just hit and run after calling people names. You weren’t specific but, I assume you think that the right for the government to tax incomes is not in the Constitution. There is a little thing called the XVI Amendment Amendments are indeed a part of the Constitution. Be careful who you call stupid. If you are unable to read the Constitution and its Amendments, then I cannot help you there.

  8. I don’t mind paying my taxes, I do mind taxation without representation. In our current legislative climate, ie. the healthcare bill, cap and trade, ect., ect., and being that no matter how may emails are sent, letters are written, petitions are signed, or rallys you go to, our Washington law makers don’t care what we the people think. My point. If you get caught speeding you get a speeding ticket, that speeding ticket cost you money. Why money? To serve as an insentive so you don’t speed again. They hit you in your wallet. Ouch!! Why can’t we do the same thing with our taxes? Why can’t we put them in a tax trust or escrow account? Can we file a law suit for breach of contract against our Washington repesentatives? I think these question need to be addressed. I think if we the people hit the law makers in the wallet they will yell OUCH and start to pay attention to what We The People want.

  9. I don’t mind paying taxes in THEORY. Why? Because I like good roads, services, health care and other things that add to our quality of life. But what bugs me about paying taxes in the current U.S. system is this:

    My tax dollars do NOT go toward the above mentioned things. Most of them go toward paying down the debt to the Federal Reserve Board. It’s slavery. And for anybody out there who disputes me, I welcome you to show me anything that proves otherwise.

    The FED is a privately held, central bank. It controls interest rates, AND the money supply. Now if that’s not a monopoly, I don’t know what is. We are ALL slaves to this system, and if you think the government is to blame for the current recession, think again. It’s the FED who carefully, systematically engineered it, just like they did in the 1920s.

    Look at the scenarios:
    BOTH decades saw a freely flowing supply of unrestricted, highly under-regulated cash into the system.
    BOTH periods of this flow were around eight years.
    BOTH periods saw a high level of high-risk speculation.
    BOTH periods saw a high level of margin risk on both the supply and demand sides of that cash flow.
    BOTH periods saw a systematic, massive series of “margin calls” on the largest institutions….like AIG, BofA, and Wall Street.

    Then the scenarios unravel. In our case, all the way down to the poor, gullible consumer who thought it was OK to sign up for 100%, interest-only, sketchy loan products. The big banks call in their loans, the by-product subs go default, the consumers lose their jobs, and the FED makes even MORE money by LOANING another $800 billion to the “bailout.” Which by the way has had little effect because the FED hasn’t required any oversight. Wow…they make money regardless of whether or not things are good or bad. NICE.

    This is slavery. It’s wrong. And it’s evil. But the biggest tragedy is….nobody seems to want to hear it, or care.

    We deserve it if we’re not outraged.

  10. The fact remains that basically the individual income tax is not legal. Nothing will change this to any degree of fairness until we have a second Civil War or Revolution.

  11. Let me point this out…the income tax was deemed unconsitutional so the Congress passed an amendment to the Constitution that was ratified by the states that does allow for an income tax. Therefore, the 16th Amendment was added to the Constitution which means that the right for the government to tax income is part of the law of the land as voted on by the House and Senate representation of each states as well as the requisite amount of state legislatures that represent the individuals in each state. You may argue other points about the income tax but to say that it is illegal when it is spelled out in the Constitution is just flat out wrong. Very few issues that come up on this site are cut and dry but this is one that is without a doubt. The income tax may be a lot of things, but being illegal is not one of them.

  12. The key to the tax system is in the definitions. It is okay that the 16th Amendment exists…whether properly ratified or not. The fact of the matter is, it did not change the definitions of the things that matter the most to individuals…look them up in the IRC, then decide for yourself if you are subject to the income tax…employee, employer, self-employed, trade or business, gross income, taxable income…most will be surprised to find that whatever work they are engaged in is not defined as a taxable activity in the IRC. IRS snippets and propganda will try to convince you otherwise, but just read the definitions…

  13. Tell that to Wesley Snipes. He went down the path of others who followed your logic and the courts determined otherwise. Do you know of any case in which a person used your position in court and they were successful?

  14. The Tom Cryer case mentioned aboven is one. The fact is that most persons who make a stand and do not fumble in a response to the IRS attack win before going to court. Once in court, I have to somewhat agree with you, the results are not good.

  15. According to this (http://www.unionleader.com/article.aspx?headline=Louisiana+lawyer+beats+tax+charges%3B+worries+for+Browns&articleId=09c7b527-07d1-454d-b4d1-64a87b8fed0e) he was only acquitted because he claimed that there was no criminal intent and so no one could prove otherwise. He did not make the claim in court that the law was illegal. Why do you suppose that is? I submit because this part of the Constitution:

    “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.”

    It IS part of the Constitution. Period. End of story. Now, it is true that there is not an enforcement provision. But, please enlighten me of how this brief sentence that is in fact part of the Constitution can be considered illegal when, by definition, it is the law of the land. If you say that it is illegal, then you must say that all amendments are not legal, including the 13th Amendment. The argument that it was not properly ratified is a red herring so please don’t go to that well. Maybe I’m dumb but it is my understanding that the Constitution is the law.

  16. Please read Cryer’s memorandum submitted to the court at http://www.gcstation.net/liefreezone/THEMEMORANDUM.pdf

    This covers the full spectrum of his argument, that the law does not apply to him and why. He also covers the meaning and effect of the 16th Amendment. It is 109 pages…I took the time to read it and I’m glad I did…I hope you will, too.

  17. I’ll give it a whirl because I don’t see how it can hold water. Here’s the deal. If we don’t like it enough, we will vote in people who will amend the Constitution again and abolish the 16th amendment…not come up with conspiracy theories that it wasn’t ratified correctly or the semantics don’t fit our bill. I do think that there has to be a better way but, we are a nation of laws and if we ignore a law because we don’t like it, then we are no longer a nation of laws. But, as I said, I will give it a whirl. I appreciate your adding to the discussion and your decorum.

    I will add after skimming it, it appears all this did was convince the jury that he honestly believes he was not evading taxes and therefore, as the newspaper article said, did not convict him based on the clause that there was no proof of criminal intent. I don’t believe anyone bought his argument.

  18. Form 1040 is a voluntary Consent contract; as well it is an adhesion contract between you and the US Govt. Therefore, if you agree and Consent then you agree to all laws concerning the validity of the 16th Amendment. No law is broken if you sign the annual renewal contract, called the Form 1040. But you don’t have to sign it because it is an adhesion contract made under duress.

    That is, all aspects of what you are agreeing to are not made clear upon signing the form. Therefore, it is not the 16th Amendment itself that is illegal –because as I said before, when you sign it then you agree to its terms– but it is the means by which the income tax is enforced, using the voluntary Consent contract, that is illegal and a fraud.

    The IRS doesn’t spell out what you are actually signing and entering into. Not only can your labor not be taxed ( which is private property), but you as one of the people cannot be taxed either as you are a sovereign. A sovereign is not subject to Acts of Congress of the US Govt. And technically neither are the individual states (unless they, too, Consent).

    Snipes went to jail because he pleaded not guilty. Therein lies the whole deal: jurisdiction. By pleading anything at all then you agree to the terms of the jurisdiction of the court, ie, you agree to the nisi prius court via the arraignment.

    Snipes should have said nothing but “I object for the record.” And thus established his status as a sovereign. Once this is entered into the record, it is a Court of Record under Common Law –which trumps statues and codes of equity law which is the jurisdiction of the 16th Amendment. At that point the judge is only a magistrate to do your bidding and to serve you as one of the people.

    There is a legal affidavit one can notarize and send to the IRS that removes one from their jurisdiction. This begins the process of compiling your court of record. If Snipes and his lawyers aware of this they would have never even went to court.

  19. The 16th Amendment is part of the Constitution. Taxing of income is Constitutional. That principal is what the government under FDR used successfully to argue why the gov’t confiscating monies for Social Security was Constitutional. They used the power granted by the 16th Amendment. The people were told it was not a tax but the courts were told it was a tax. The same thing is being done with regard to health care. The gov’t is going to use the IRS as the enforcement arm because it will be argued in court that the power of the gov’t rests with the 16th. Not so much the Commerce clause as so many TV foofs claim. When they argue that they have the power under the constitution, it will come from the 16th Amendment. As for your Snipes argument, I have to believe that you are infinitely smarter than Snipes’ several hundred dollar and hour lawyers.

  20. Yes the 16th is part of the Constitution and it is only legally binding if you agree to its jurisdiction. The US Constitution, the originally ratified one of 1789 is the Common Law and is a limit on the Federal Government (not the Uniform Commercial Code-based/corporate entity one, ie, the fraudulent one drafted in 1871 that created the jurisdiction of Washington DC -which is a foreign government body).

    The redefinition into a legal US Federal government property definition of “citizen” and “person” and “individual” and “United States,” beginning with the 14th Amendment and then in myriad acts thereafter (including the court case of 1886: “Santa Clara County v. Southern Pacific Railroad Company,” and of course the 16th Amendment) –is what the adhesion/voluntary Consent contract (constructive fraud) of the 1040 form (which is an individual contract between you and the Fed) is based upon.

    Every time you sign the 1040 form you are agreeing that you are willingly abrogating all of your rights under the US Constitution of 1789, ie, the original Common Law Bill of Rights. Declaring that you are a “person, citizen, or individual” residing in the “United States” (as opposed to the United States of America/Union State resident) –you willingly agree that you have NO rights and that you are a literal federal franchise.

    Snipes and his clown lawyers and CPAs had no IDEA of this. If they did, then Snipes would have pleaded “I object” and he would have left the court house and had lunch. Never in tax court should you plead anything. You object for the record and leave. You then file a COUNTERCLAIM against the IRS, making them the counterdefendant –placing the burden of proof of their CLAIM on THEM.

    I assure you they CANNOT PROVE THAT THEY ARE LEGAL once you reserve your rights as one of the people.

  21. To add, Snipes should have never even had any lawyers. As a sovereign, YOU are the court. You are the court 24/7 and you are the Law. Not the judge nor the lawyers. In Common Law, which is the Bill of Rights, restrictions upon the government (as the people are the ones empowering the government, not the other way around), the sovereign cannot be controlled or compelled by the instruments of his/her own creation.

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