GhitaAmati
Posts: 3263
Joined: 5/30/2007 Status: offline
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Lucky, can you please make that make a bit more sense? For one, you have no way of knowing if the people on this thread pay taxes or not, or what they have or havent done about things they believe are fair. I personally veiw the IRS in the same light I would view a man with a gun held to my head. quote:
The income tax is an indirect excise tax imposed upon certain privileged sources. In order to find if one is liable for such tax, one would refer to Title 26 of the United States Code entitled the Internal Revenue Code, where tax liabilities are listed for all parties and activities. Subtitle A covers the income tax, but an extensive search of it will produce no liability of an individual who lives and works in the 50 states to pay the income tax (Robbins). In fact, the only section in the code that imposes a tax on individual income is section 1461, which states "Every person required to deduct and withhold any tax under this chapter is hereby liable for such tax." This establishes a liability on anyone who is required to withhold for taxes, or a withholding agent. In order to determine the definition of "withholding agent," we turn to section 7701 (a)(16), which states "The term 'withholding agent' means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461." So now, in order to see who exactly is required to withhold, we now turn to section 1441, 1442, and 1443. The titles of these sections, respectively, are "Withholding of tax on nonresident aliens," "Withholding of tax on foreign corporations," and "Foreign tax-exempt organizations." Again, we see that whereas Congress cannot impose an income tax liability on citizens in the US, they imposed it on people who they could, nonresident aliens and various types of foreign corporations and organizations. quote:
It is important to reassert here that the federal income tax is an indirect tax, though it is treated by the IRS and most people as a direct tax, in which case it would be unconstitutional. However, the tax is constitutional as it is defined because it levies a tax on the income derived from very specific sources. These sources must be privileged activities to fit the meaning of an indirect tax. Since earning a living within the fifty states is a right and not a privilege, the only sources of income that can be taxed are foreign-related. quote:
Since most people live and work in the states, they have not ever been liable for the federal income tax until they make themselves liable by agreeing to have their earnings withheld. Another tax that people unknowingly make themselves liable for is the employment tax. People see the money for this tax removed from their paychecks every week in the form of FICA and Social Security contributions. The employment tax is covered under Subtitle C of the Internal Revenue Code but is applicable to withholding agents only. As was discussed before, the only withholding agents required to make returns are those involved in foreign income. However, American citizens can volunteer, if they wish, to have their earnings withheld, thereby making themselves liable for the employment tax. A person would want their earnings withheld to ensure that they contribute the proper amount to the government programs that they are participating in. Anyone who wants to be involved in Social Security would have their earnings withheld, and section 3402 (p) describes voluntary withholding agreements. "The Secretary is authorized by regulations to provide for withholding if the employer and employee, or the person making and the person receiving such other type of payment, agree to such withholding." This agreement of withholding is done through the W-4 agreement that most people sign upon entering a job. The W-4 is entitled "Employee's Withholding Allowance Certificate," and is just that, a voluntary agreement for the employer to withhold the earnings, which are now referred to as wages, of the employee. Now taxes must be taken out of the withheld wages, as dictated by the IRS, for such programs as Social Security and FICA. Despite the voluntary nature of withholding one's earnings, most businesses believe it is mandatory and require it of employees. Participation in Social Security is also voluntary, as the fact that withholding is voluntary would seem to imply. The Social Security Administration, in its standard form letter, states "The Social Security Act does not require an individual to have a Social Security Number (SSN) to live and work in the United States, nor does it require an individual to have a SSN simply for the purpose of having one" (qtd. in Robbins). Title 42 of the United States Code, Section 405 (2)(B)(i) states that Social Security numbers are assigned "to aliens at the time of their lawful admission to the United States" and "to any individual who is an applicant for or recipient of benefits." In other words, people who wish to participate in the Social Security program are welcome to, but it is not mandatory or requisite to obtain a job, though most companies are led to believe otherwise. By voluntarily filling out W-4 and 1040 forms, people make themselves liable for taxes that they otherwise are not required to pay. However, the government and IRS need to keep this fact well-guarded lest people would stop giving their earnings to the government and drop out of the unstable Social Security program. The 16th Amendment was worded in such a way as to appear that it granted Congress unlimited taxing power, and the government has constructed an illusion of authority around it. Unfortunately, people do not question this authority and unknowingly make themselves liable for taxes. quote:
The Constitution of the United States of America. Reprinted in The Federalist Papers. New York: Penguin Books USA Inc., 1961. The United States Code, Titles 26 and 42. St. Paul: West Publishing Co., 1997. Huff, William. "Now You See it Now You Don't!" Reasonable Action #232, newsletter of the Save A Patriot Foundation. Copyright at Common Law. Robbins, Jay. "The Truth about the Income Tax." Copyright at Common Law. Part of Title 26 IRC 6673 Gives the tax court statutory power to assess a penalty of up to $25000 on a taxpayer who brings a frivoulus case against it. Under this section, questioning the constitutionality of taxing wages is considered frivolous Please note I went on and off line several times during the writing of this post, I have no idea what has been said recently on this thread, nor do I know it any of the above quotes will come out in any semblance of order. After I see what ends up posting, I will comment more on the quotes and sources I gave, some of which may seem to contradict each other.
< Message edited by GhitaAmati -- 8/1/2007 1:57:53 PM >
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I said I was a submissive, I never said I was a GOOD submissive. Sex without love is a meaningless experience, but as far as meaningless experiences go its pretty damn good. ~Woody Allen
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