After getting pummeled last April by the Fed (I own my own business), I have struggled to find by what constitutional authority does the fed and the IRS have to tax me period? The constitution calls for separation of powers via the three branches, it seems to me that the IRS, OSHA etc establish administrative law, execute said law, and pass judgement via finds etc all in one package. I have two problems here: One that bereaucrats are unelected and in most cases unaccountable for administrative law, and more seriously, these organizations do not follow the prescribed path of a constitutional republic in so much as there is no separation of powers. When you combine the law making, enforcement, and judgement into one unelected body, is this not totalitarianism? What say you guys?
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RE: IRS/Taxation legality?
You hear about concientious objectors not paying taxes because they oppose the government spending money on war and the military. My advise is don't mess with the IRS. They are bigger than all of us and play by their own rules.
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Too busy with fishing to spend much time here.
Do they have the constitutional authority? IMO, probably not. Federal and state legialatures both give created entities the power to regulate, such regulations not being law, but having the power of law. Kind of an end run around the constitution.
Legal or not, they DO exist. We'll hold your coat for you while you fight them, and then we might visit you in prison..
The 16th ammendment gives them the constitutional authority.
I'm a little fuzzy on that one , could you explain that please ? Did the states ever ratify it , or did they need to ?
16th ammendment... The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
All ammendments to the constitution have to be ratified by 3/4 of the sates. The 16th was ratified and became law on February 3, 1913.
There you have it ladies and professors, taxation is legal and virtually unlimited in scope of what might potentiallybe taxed.
Aticle I section 8 of course was in the original constitution. For some reason (don't know why) when income taxes were proposed in the late 19th and early 20th century many argued that Article I section 8 did not apply to individual incomes so to clear up any doubt the 16th ammendmentended any and all debate on the matter. Like Ifferd said.As inevitable as death. I personally think its time for an ammendment that would put a cap on taxes.
IRS/Taxation legality?
