Originally posted by hojja_nusreddin at US income tax is unconstitutional
Buried in Supreme Court rulings, legal minutia, tax code jargon, and the minutes from Congressional hearings is the truth:
- what is commonly referred to as the "income tax" is meant to be a simple "excise tax"
- levied on those benefiting in some way from a federal privilege
- government workers and office-holders,
- federal reserve bankers,
- subsidy recipients,
- investors in federal corporations, and
- any other person benefiting from the profitable exercise of federal privilege
were meant to pay the income tax, NOT independent hard-working American citizens.
RELEVANT COURT HEARINGS:
"...in Spinger v. U. S., 102 W.U. 568 (1880), it was held that [the] tax upon gains, profits, and income was an excise tax or duty, and not a direct tax, within the meaning of the constitution, and that its imposition was not, therefore, unconstitutional." - United States Supreme Court, Pollock v. Farmer's Loan & Trust, 158 U.S. 601 (1895)
"...taxation on income was in its nature an excise entitled to be enforces as such," United States Supreme Court, Brushaber v. Union Pacific R. Co., 240 U.S. 1 (1916), quoting and reiterating language used in its ruling in Pollock v. Farmer's Loan and Trust
IT DID NOT CHANGE AFTER 16TH AMENDMENT:
"The provisions of the Sixteenth Amendment conferred no new power of taxation..." - Stanton vs. Baltic Mining Co., 240 U.S. 103 (1916)
"The Sixteenth Amendment, although referred to in argument, has no real bearing and may be put out of view. As pointed out in recent decisions, it does not extend the taxing power to new or excepted subjects..." - Peck vs. Lowe, 247 U.S. 165 (1918)
“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.”
–F. Morse Hubbard, Treasury Dept legislative draftsman. House Congressional Record, March 27, 1943
These findings, along with other research meticulously gathered by Pete Hendrickson and presented in Cracking the Code, outline the limited nature of the income tax. This information, if truly understood and effectuated by the American public, could limit government faster than any electoral result or any half-baked reform scheme coming out of Washington D.C.
Tax protester constitutional arguments: https://en.wikipedia.org/wiki/Tax_protester_constitutional_arguments