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The government calls those who argue the income tax
has no legal foundation “tax protesters” and labels their arguments
“frivolous.” And usually judges toss their arguments out of court,
assess them court costs on top of taxes, interest and penalties, and
sometimes even threaten them if they file further cases.
But now the U.S. Supreme Court – the nine judges
who sit on the bench in Washington by virtue of their selection by
presidents and confirmation by the U.S. Senate – has docketed exactly
that type of case.
Maehr wrote in his petition for judicial review that he’s been the
victim of administrative bludgeoning used by the IRS to quell citizens
with objections as well as questions.
[...]
Among Maehr’s
contentions is that while the government has
the legal authority to tax, the Internal Revenue Service has used
“unlawful, unconstitutional, unfair and biased” manipulations to assess
income taxes on that which is not income – essentially salaries and
wages.
Basing his argument on 10
years’ worth of research
into tax law, he concludes that salaries and wages are the result of
the mutual agreement among participants to exchange labor for money –
and that’s not income. Income, he said, is
the increased
value of an asset, such as interest on money in a bank account, which
can be subjected to income tax. [Full]
Regardless
of the merit of this, or any case for that matter (I direct you to
Obamacare), American law is driven by the necessity of keeping bloated
government afloat; law and principle be damned. Besides. Obama
evidently knows where Chief Justice Robert's kids go to school.
Still,
Maehr is a true & principled American hero in my book.
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From what I know, the big sell for changing the Constitution, to remove apportionment for income taxes, was the explanation that "income" was not the exchange of labor for money. That, and the progressive system proposed that soaked the rich and left the lower pay bracket folks alone.
ReplyDeleteMeanwhile, courts laughed at the frivolous argument that wages and salaries are not "income", and threw those that disagreed into the poor house, after jail.
Considering how the Supreme Court has acted the last few years, I'm thinking they'll drop a few hits of acid before they write their opinion.
They'll probably rule that all wages are subject to the Interstate Commerce Clause and can be either determined by Congress or confiscated by the ICC to provide everyone's right to high-speed rail or something.
ReplyDeleteThis will be expensive, since high-speed rail will have to stop within walking/wheelchair distance of everyone's home and place of work and shopping and the abortion clinic and…
Mr. Maehr's grammar is a little weak, but I believe his logic works. Hope the Supremes actually consider this one!
ReplyDeletePvtCdr(SS) MichigammeDave
I think they will simply redefine it as a "fine" and fine all wage earners for exhaling CO2.
ReplyDeleteEveryone should be jumping on this
ReplyDeleteOnce Holder got his paws on those photos of Roberts pounding away on a 9 year old boy the Constitution went out the shithouse door.
ReplyDeleteIf they can find Abominicare constitutional, this will be a slam dunk.
ReplyDeleteAnd "income...is the increased value of an asset" eh?
So I buy gold coin for $1,000. The U.S. government prints money, doubles the money supply and my coin is worth $2,000 in the debased currency. Then I sell the coin and get taxed on the "increase" in value? Because that is income? When all that happened is that I avoided a loss due to U.S. government money printing? If they're going to do that to me, somebody should at least send me flowers.
Steve: You are being too optimistic.
ReplyDeleteYou buy a $20 US Double Eagle for $1900.
The Treasury calls you an evil gold hoarder, takes the coin from you, and gives you a shiny new plastic $20 coin in exchange.
You use the new plastic coin to buy a gumball from a candy machine in a store entrance somewhere. You chew it quickly to avoid being charged for hoarding food.