Wednesday, July 18, 2012

RA Grimes : Are Taxes Unconstitutional ?

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Are Income Taxes Unconstitutional or Illegal? The United State income tax is a legal tax, and if you meet certain requirements, you must pay income taxes. The legality of the income tax code has been upheld in court time and time again. But many people still try to avoid paying taxes based on what the IRS calls frivolous tax arguments. Many of these are misinterpretations of laws or of the Constitution. So many people try these arguments every year and fail that the IRS releases an annual report of frivolous tax arguments, here are some examples, all of which have been argued in court and have been struck down. Taxation is taking property, so it is a violation of the 5th Amendment. Supporters of this claim assert that tax collection is taking of property without the due process of law, which is unconstitutional. They cite the 5th Amendment of the Constitution, which states that no person shall be "deprived of life, liberty, or property, without due process of law". Why it's frivolous: While the 5th Amendment of the Constitution does protect against unlawful seizure of property, the Constitution itself grants the federal government the power to tax (learn more about the history of taxes, including taxation in the United States). Having the 5th Amendment prohibit taxation would create a contradiction; so therefore, taxation is not considered a violation of the 5th Amendment. Brushaber v. Union Pac RR upheld this. In addition, the Supreme Court has upheld the ...
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