So, as we explore the labyrinthine world of income tax through the eyes of sovereign citizens, it's clear that their perspective presents a unique challenge to the established tax system. Whether you find their arguments convincing or not, one thing's for sure: the tax code is a riddle wrapped in an enigma for many. Who knew that navigating taxes could be as perplexing as a Rubik's Cube? More on this below. Keep reading.
The idea of 87,000 new IRS agents might seem daunting, but what many people don't realize is that there is no law that imposes an income tax on sovereign citizens. Taxation is intrinsically linked to sovereignty, and what the taxing authority cannot claim sovereignty over is not a suitable subject for taxation. Our form of government is explicitly designed to be a "Republican" one where the power resides with the people. This notion is reinforced by the Constitution, specifically in Article IV, Section 4. In this article, we will delve into the perspective of sovereign citizens on income tax, constitutional rights, and the implications of such beliefs.
The Absence of a Tax on Sovereign Citizens
The argument begins with the premise that if there were a legitimate tax on the labor of a sovereign citizen, it would, in theory, authorize the government to seize 100% of the citizen's earnings. The concept of 'reasonable' as a limitation for taxation is challenged here. In this perspective, it doesn't matter if the tax imposed destroys the object being taxed; the mere existence of such a law would be seen as a form of legalized slavery. However, this viewpoint maintains that no such law actually exists.
Former IRS Special Agent Joe Banister
Joe Banister, a former IRS special agent, attempted to find a statutory income tax with the help of his supervisor but ultimately left the IRS due to unsuccessful efforts. His journey sheds light on the complex nature of income tax laws and the doubts that some individuals have regarding their legality.
LIBERTY and Pursuit of Livelihood
Sovereign citizens argue that liberty, enshrined in the 5th and 14th Amendments, includes the fundamental right of a citizen to pursue their livelihood. They equate these rights to the right to a trial by jury, claiming that they are not suitable subjects for taxation or fees. The idea is that if such rights were taxable, it could potentially open the door to taxing all rights, effectively extinguishing them.
Examining 26 USC §1
Section 1 of the United States Code (USC) authorizes an income tax on the "taxable income" of an individual. However, the term 'taxable income' is not legally defined. This lack of a clear definition raises questions and concerns about the legitimacy of income tax laws.
Understanding 26 USC §871
Section 871 of the USC imposes an excise tax on "non-resident aliens" for the privilege of being permitted into the USA. From the sovereign citizen perspective, the government does not extend a privilege for the pursuit of a livelihood, further challenging the basis of income taxation.
Legal Challenges and Ambiguities
Sovereign citizens argue that violations of 26 USC §§7201-7215 are frequently alleged in indictments, but the burden of proof required for a valid indictment is not met. The reliance on citizens signing tax forms, swearing under oath, and identifying themselves as responsible for a tax is seen as a deceptive tactic used by the IRS.
Challenges in State Courts
Sovereign citizens believe that state courts have repeatedly concealed similar challenges to state income taxes, earnings taxes, and occupational licenses to prevent an exempt precedent from being established.
IRS Exempt Tax Form #4852
One claim made by some sovereign citizens is that IRS Exempt Tax Form #4852 can successfully recover income taxes that were erroneously paid to the IRS. This assertion underscores the belief that income tax laws are flawed.
Burden of Proof and Due Process
Sovereign citizens emphasize the critical nature of the "burden of proof" in legal proceedings. They argue that due process requires the petitioner to prove the validity of any claimed authority. If the burden of proof is shifted to citizens to disprove the tax authority's existence, it becomes an impossible task, thereby hindering justice.
The 16th Amendment and Its Interpretations
The 16th Amendment is a subject of contention for sovereign citizens. Some federal courts have opined that it removes all restrictions on federal taxation, potentially allowing for the seizure of a citizen's earnings. However, this interpretation is challenged on the grounds that it conflicts with the Constitution and the principles of a republican form of government.
From the perspective of sovereign citizens, the income tax system in the United States is riddled with ambiguities, legal challenges, and constitutional concerns. They argue that the fundamental rights of citizens, including the pursuit of livelihood, should not be subject to taxation. While their views are a minority perspective and face legal and judicial challenges, they bring to light complex questions about the taxation system and individual rights in the United States.
My Hot Take: Tax season has just become a quest for the elusive pot of gold at the end of the IRS rainbow.
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