Are Income Taxes Illegal and Unconstitutional?

As 130 million Americans dot the I’s, cross the T’s and staple their income tax returns, an increasingly vocal minority of people are doing none of the above and calling themselves “non tax payers” and using the 861 position are not paying their share of income taxes. This tax honesty movement includes some curious members including a former IRS member, Joseph Banister; and a conservative congress member from Texas, Ron Paul who favors the total elimination of income taxes and says their violate the US constitution.

Joe used to work for the IRS and he says that the share of solid evidence by doing 2 years worth of investigation working for the IRS. His evidence fills-up dozens of file-binders regarding liability statutues, what forms to file, etc. When you look at the regulations rether than the pamphlets, you learn that the IRS doesn’t have the right to tax people as everyone believes.

In 2004 Banister was charged with one count of conspiracy to defraud the United States[1] and various counts of willfully aiding, assisting counseling and procuring the filing of a false amended income tax return[2] in connection with his alleged assistance of a client, Walter Allen Thompson. Thompson owned and operated Cencal, an aviation and flight bag manufacturing business. Cencal employed a number of hourly wage workers who were predominantly seamstresses, production workers and office workers. In July 2000, Thompson removed all of the employees from the taxpayer rolls by no longer withholding employment taxes from wages and salaries, by not filing Forms 941, and by not providing employees or the IRS with annual wage or other income statements, Forms W-2 or 1099. http://en.wikipedia.org/wiki/Joe_Banister

Ron Paul is more concerned regarding how the income tax acts were passed and that they violate the 16th amendment. The income tax shouldn’t have to be paid by people because it is illegal, he says. We have the tax problem that will be with us for a long time, but the real problem is a spending problem and a huge national debt.

Paul’s campaign slogan for 2004 was “The Taxpayers’ Best Friend!” He would completely eliminate the income tax by shrinking the size and scope of government to what he considers its Constitutional limits, noting that he has never voted to approve an unbalanced budget; he has observed that even scaling back spending to 2000 levels eliminates the need for the 42% of the budget accounted for by individual income tax receipts. He has asserted that Congress had no power to impose a direct income tax and supports the repeal of the sixteenth amendment. Rather than taxing personal income, which he says assumes that the government owns individuals’ lives and labor, he prefers the federal government to be funded through excise taxes and/or uniform, non-protectionist tariffs. http://en.wikipedia.org/wiki/Political_positions_of_Ron_Paul

While the above instances were solely American citizens protesting the lack of proof that individuals are required by law to pay income taxes, the tax protest movement has been moving strong in places like Canada where an optometrist under the name of Jack Klundert has successfully been able to take Revenue Canada to court over what he calls an “unconstitutional” income tax. Indeed, he has won 2 cases so far (2003 & 2006) against this government agency and has yet to fight another case before heading to the Supreme Court.

Jury says tax protest not tax evasion
Last Updated Tue, 27 Jun 2006 17:54:04 EDT
CBC News
Jack Klundert of Windsor, Ont., has won a court case in which he was charged with refusing to pay about $350,000 in taxes.

Klundert, who says he doesn’t believe the federal government has the constitutional right to collect income tax, was found not guilty of tax evasion.

Klundert accumulated a $350,000 tax bill between 1993 and 1998. When it came time to file his taxes he wrote “zero income” on his tax forms, when he in fact he earned about $1.5 million.

Klundert argued that disclosing his earnings to the government would be like “sitting down with thieves” and telling them where his valuables were.

Klundert said his actions did not constitute tax evasion, but were instead an honest protest.

His lawyer said the jury apparently agreed there was no criminal intent.

“Never before in history have slaves been so well fed, thoroughly medicated, lavishly entertained. But we are slaves nonetheless.” — Edward Abbey

Canada used to be tax-free many years ago, and there isn’t one year where the government doesn’t tax the people. Why is this? In 1917 because of World War 1 they started the temporary income tax. However, it never stopped since then and has been increasing alongside with new taxes. Attempts to challenge the income tax because Courts are appointed by the Prime Minister and other politicians, so obviously it doesn’t change.

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In fact, in the Province of Ontario there wasn’t a Provincial tax until 1969 under the PC government when they brought-in socialized healthcare. We’ve got what they call progressive rates of taxation, so that not only do people who make more pay more, but they also pay at a higher tax rate — this is classic Marxism brought to you by the Communist Manifesto where they stated to “institute a progressive rate of income tax.” Indeed,

“A heavy progressive or graduated income tax. Americans know this as misapplication of the 16th Amendment of the U.S. Constitution, 1913, The Social Security Act of 1936.; Joint House Resolution 192 of 1933; and various State “income” taxes. We call it “paying your fair share”.

Paying Taxes to Caesar

15 Then the Pharisees went out and laid plans to trap him in his words. 16 They sent their disciples to him along with the Herodians. “Teacher,” they said, “we know you are a man of integrity and that you teach the way of God in accordance with the truth. You aren’t swayed by men, because you pay no attention to who they are. 17 Tell us then, what is your opinion? Is it right to pay taxes to Caesar or not?”

18 But Jesus, knowing their evil intent, said, “You hypocrites, why are you trying to trap me? 19 Show me the coin used for paying the tax.” They brought him a denarius, 20 and he asked them, “Whose portrait is this? And whose inscription?”

21 “Caesar’s,” they replied.
Then he said to them, “Give to Caesar what is Caesar’s, and to God what is God’s.”

22 When they heard this, they were amazed. So they left him and went away.