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Taxes are Unconstitutional?
The 16th Amendment Tax Protestor Scam
I used to work with someone that fell for this one. She attended a seminar where she was told that taxes
are unconstitutional because the 16th Amendment was never ratified by all 50 states so she didn't have to
pay taxes and that most Americans were fools to give Uncle Sam money every year. This one is perhaps more
hoax than scam because money is not stolen.
It's not just an adherence to a belief, it makes some people a lot of money
This is also a scam because people make their living "educating" people about this issue. The claim that the
16th Amendment is unconstitutional may sound great at a seminar but it has been ruled in courts across the land
that it has been ratified. The usual line of reasoning is that the spelling and terms and capitalization on the
formal instruments sent to each state's Secretary of State were not the same as the version ratified by Congress.
The reasoning is extremely weak and many people are spending many years in jail after using this as a defense.
Don't waste your time or money investing in this kind of tax evasion scheme
Don't let someone talk you into violating the law because the want to sell you a book or charge you a fee to attend
a seminar or sell you a kit to help you become a "tax protestor" just like they are. What you will become is an
income tax evader that just threw good money after bad and will end up spending some time in jail. Don't let a con artist
ruin your life so that they can sell you a book or a ticket to a lecture. To them it's just a business but it could ruin
your life if you take their advice.
The Top Excuses not to File Taxes
Today many still try to make the argument that paying taxes is illegal for one reason or another. According to the IRS, these are the most popular arguments against the requirement to pay federal income taxes:
- The Sixteenth Amendment. On Feb. 3, 1913, Congress was given the authority to "lay and collect taxes on income . . ." Despite claims of being unconstitutional, courts have consistently upheld the legality of this amendment.
- Other Amendment violations. Taxpayers have argued that filing an income tax return violates the Fifth Amendment right against self-incrimination or the Fourth Amendment right to privacy. Once again, the courts have consistently held these arguments to be without merit.
- Religious arguments. Throughout history, many people have not only "found religion" but also sometimes "created a religion" in order to avoid paying taxes. This has resulted in specific laws targeted at exposing fraudulent activities.
- Voluntary activity. The argument that filing and paying income taxes is voluntary has been clarified by the tax courts to reinforce the fact that only the self-assessment of income is voluntary; compliance with tax laws is mandatory.
- Definitions. Over time, the tax courts have thrown out contentions as to creative versions of the words "taxpayer," "citizen," and even "person."
- Reparations. Some African Americans have claimed that the U.S. government owes them reparations for the treatment of slaves long ago.
Chances are, whatever your complaints are about your income taxes, they would not hold up in court if all of the above arguments could not pass muster. Despite that fact, many Web sites and books continue to promote the idea that paying income taxes is unnecessary if you simply follow their advice.
The government has been getting more aggressive against these tax-avoidance promoters -- even going to the point of issuing injunctions against them for illegal activities. The IRS has even issued warnings to those who feel they may be being targeted by a tax-avoidance scheme and has a special phone number that can be used to report these activities: 800-829-0433.
Significant Tax Protesting Court Cases
1. Miller v. United States, 868 F.2d 236, 241 (7 th Cir. 1989) (per curiam)
2. United States v. Stahl, 792 F.2d 1438, 1441 (9 th Cir. 1986), cert. denied, 479 U.S. 1036 (1987)
3. Knoblauch v. Commissioner, 749 F.2d 200, 201 (5 th Cir. 1984), cert. denied, 474 U.S. 830 (1986)
4. United States v. Foster, 789 F.2d 457 (7 th Cir.), cert. denied, 479 U.S. 883 (1986)
Related Tax Fraud Links:
IRS Free Online Filing
Arguments against filing tax return don't hold water
Tax Scams - How to Recognize and Avoid Them
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