Legal Question in Tax Law in South Carolina

Re: Income Tax Laws

The Internal Revenue Code and case law clearly provide that you must file and pay taxes. Protesters usually have to pay very large fines and some times are criminally prosecuted. Forget protesting!

Ronald J. Cappuccio, J.D., LL.M.(Tax)

Counsellor at Law

(856) 665-2121

Re: Income Tax Laws

1 - What law requires one to file an Federal income tax

return?

26 United Stated Code Sec. 1 et seq.

2 - What law requires one to pay taxes on wages, commission, etc

26 United States Code Sec. 61 et seq.

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Go to the IRS website ( www.ustreas.irs.gov I think ) and leaf

through some of the publications, e.g., those instructing on

how to fill in form 1040, and see if they cite the laws as they

go. They might not. Anyway, all of the IRS code is easily found

online -- go to Yahoo to search for the tax code and that will find

you a few places that have it.

I've often heard this question, or a similar such as "where in the tax code does it

say that citizens of the 50 states are considered federal citizens?"

is one of my favorites, based on some STUPID theory that only federal

citizens have to pay federal taxes and that citizens of individual

states are not citizens of the U.S.

You are being tricked, if not directly then indirectly through a

sincere but duped friend, by people, who, believe it or not,

ultimately have something to gain from you. There are courses

being sold, classes being taught, pamphlets, brochures and books

all saying that you don't have to pay taxes. Most give a false

air of legitimacy, claiming that it's a constitutional right

(which it is not) to avoid paying (under SEVERAL different clauses!)

or quoting incorrectly from outdated rulings of irrelevant judges.

Some are totally fictional (I've found quotes on websites of stuff that

was never written by a judge and others from statutes that do not and

never did exist!), others are taken out of LEGAL context, i.e., they

are comments by a judge, often from another era under different laws

than those we currently have!, and often not legally binding; judges

make comments which are not in any sense law (it's called "dicta", latin

for "things said".). I've also seen very clever deceptions accurately

excerpting actual statutes (from the IRS Code) but which have references

to other sections not supplied yet those sections limit the applicability

of the quoted section to something irrelevant. (I saw that for the

argument that withholding taxes is only for foreigners or something like

that.) If you scan the text quoted, it seems to support the statement

that they're making, but if you look up either the context or the references,

you find out that you've been tricked.

One of the best tricks is that they don't tell you that you

don't have to pay taxes outright. Read very critically

what they tell you ... sometimes they start to tell you that and

then INSTEAD OF TELLING YOU THINGS, and seemingly

even better, they start quoting false law, i.e., comments

by judges in irrelevant or out of context cases saying, for

example, "No man should pay taxes on his earnings or

wages." They haven't said it, they just quoted someone

else saying it.

CONTINUED ...

Re: Income Tax Laws

CONTINUED from previous message:

Lawyers are liable for legal advice they give you. Non-lawyers and

hucksters are not! If you follow their advice, they are not liable

for what happens to you! But if you spend $10 for a book of self-defense

tactics, they make money! In their books, by the way, they also lie about

their own income taxes -- or, rather, mislead or deceive you, even if they

never actually lie! By the way, they'll try to make you distrust all tax

attorneys, who have obviously spent major parts of their lives trying to

figure out how to save tax dollars for their clients! They'll say "they are

officers of the court" to imply that they have a greater obligation

to "the system" than to be honest with you. All b.s., of course; the key to

any con game is to gain the sucker's confidence, i.e., trust, and to do that

requires making him distrust other sources of information. (I don't mind

someone saying not to believe just because everyone in the public believes,

but to dissuade you from trusting independent experts ....)

The people promoting your "tax freedom" are liars and yet are not held

responsible for the trouble that you get yourself in when you file "falsely".

Ignorance (belief in what you're saying) is no excuse and doesn't avoid

huge fines. That's the major danger. There are also quite a number of people

locked up in jail who tried to use these theories in their defense. As with

murder, some percentage of these criminals have managed to get themselves

found not guilty and have continued their charades with even more impunity

and some are evidently rich.

The IRS classifies people who believe all this malarky as tax protestors,

even though there's often no political bent or intention of making any

protest. Then they have a great manual on how to respond to protestors and

how to punish them. I've read it and it's pretty clearheaded about the

law.

Good luck!