FACT: For the last 60 years the IRS has been issuing income tax collection correspondence to Americans asserting that American citizens owe the payment of an income tax on their work, because of the adoption of the 16th Amendment. This claim to legal authority is all over their website; it is in their “frivolous Arguments” propaganda publications, where they repeatedly assert the income taxing authority under the 16th Amendment, and label as frivolous any reference made to the limitations on the taxing powers imposed under Article I of the Constitution; and, it is in the pleadings made on the record of the court by the United States as a plaintiff, in every tax case prosecuted in the federal courts in the last 30 years.
FACT: The Department of Justice attorneys argue in every single income tax case prosecuted in the federal courts, that the income tax is owed by the individual defendant as a function of the 16th Amendment alone, without use or need of any “applicability” of the authorized indirect Article I, Section 8, impost, duty and excise taxing powers.
FACT: For the last 60 years the federal courts have been wrongfully allowing and upholding the constitutionally prohibited, and therefore unconstitutional, direct taxation of the alleged gross income of the American People, created as a function of all of their labors and work, as a direct tax without apportionment, under alleged authority conferred under the 16th Amendment to tax “… income, from whatever source derived, without apportionment, and without regard to any census or enumeration. ”
FACT: The 16th Amendment has no enabling enforcement clause in it, that would constitutionally authorizes the U.S. Congress to write any law to enforce any power alleged newly created or authorized under authority of the Amendment alone.
FACT: There are Amendments to the Constitution, both before and after the 16th Amendment, that do have and clearly contain an enabling enforcement clause within them, irrefutably proving the absence within the Amendment, of such alleged grant of any new enforceable power, is intentional.
FACT: In assessing the legal effect of the 16th Amendment, the Supreme Court plainly said in 1916 that “the Sixteenth Amendment conferred no new power of taxation“. “. . . The provisions of the Sixteenth Amendment conferred no new power of
taxation but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out
of the category of indirect taxation to which it inherently belonged . . .”
Stanton v. Baltic Mining Co., 240 U.S. 103, 112-13 (1916)
FACT: The Article I, Section 8, clause 1, authorities to tax only indirectly, by uniform
impost, duty and excise, do not reach the labors of the American people with legal effect. This is why the federal government has argued for sixty years that the 16th Amendment was the sole basis for the enforcement of the income tax imposed by Section 1 of Title 26 United States Code (Title 26 is also called the I.R.C.). In speaking of the power to tax by ‘duties,’ ‘imposts,’ and ‘excises,’ the Supreme Court has consistently said:
” ‘We think that they were used comprehensively, to cover customs and
excise duties imposed on importation, consumption, manufacture, and sale of certain commodities, privileges, particular business transactions, vocations, occupations, and the like.’ Duties and imposts are terms commonly applied to levies made by governments on the importation or exportation of commodities. Excises are ‘taxes laid upon the manufacture, sale, or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges.‘ Cooley, Const. Lim. 7th ed. 680. The tax under consideration, as we have construed the statute, may be described as an excise upon the particular privilege of doing business in a corporate capacity, i. e., with the advantages which arise from corporate or quasi corporate organization; or, when applied to insurance companies, for doing the business of such companies. As was said in the Thomas Case, 192 U. S. supra, the requirement to pay such taxes involves the exercise of privileges, and the element of absolute and unavoidable demand is lacking. If business is not done in the manner described in the statute, no tax is payable.