- The IRS has an Income Tax problem.
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- Tens of millions of Americans no longer file the form
1040. Why is that? Well, besides the fact that government consumes 40 percent
of the fruits of our labor and people sometimes have to make a choice between
feeding their families or feeding Uncle Sam; people are tired of IRS abuses,
lack of candor about the law and the need for true due process when American's
interact with the IRS. The greatest abuse being the IRS's and our elected
officials refusal to tell the people what law makes them liable to pay
the Individual Income tax.
This silence on the part of our elected officials is responsible for the
mood of distrust and ever growing suspicion of government at all levels.
This is exactly what the IRS hoped to avoid when it came out with the kinder,
gentler version of the IRS that we are supposed to have today. You know,
customer friendly. Their own mission statement tells us so.
Introduction and Mission
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- The Internal Revenue Service is the nation's tax collection
agency and administers the Internal Revenue Code enacted by Congress. Its
mission: to provide America 's taxpayers with top quality service by helping
them understand and meet their tax responsibilities and by applying the
tax law with integrity and fairness to all.
The problem with the millions of non-filing American's is self-inflicted.
The IRS refuses to tell the American people what law makes them liable
for the Individual Income tax. I got to tell you folks; this is no minor
omission. The government has a duty to inform the people of our obligations
under the law; anything less is immoral and un-American. There are four
questions that need to be asked and answered for the people to have confidence
that the law is being applied correctly.
* What is the definition of the word Income as used in the Internal
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- Revenue code? Please cite the source of authority?
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- 2. Is the Income tax a Direct tax or Indirect tax?
* What statute makes me liable for the Individual Income Tax? (Please
cite statute and corresponding regulation).
* What form is required by law to pay the Individual Income tax and
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- where does the law say that? (Please cite statute and
regulation).
Lets look at the four questions and see why they are important and need
to be answered.
1. What is the definition of the word Income as used in the Internal Revenue
code?
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- Gross Income, taxable income, adjusted gross income are
words defined in the Income tax code. They are a subspecies of the word
income. One cannot understand the meaning of these terms without having
a definition of the word income. There is no definition of the word income
in the income tax code. We want the official definition of the word. (Hint:
Income, profit separated from its capital source). Note/ Please do not
cite court cases. The executive branch of government enforces the law.
What law are you enforcing?
2. Is the Income tax a Direct tax or an Indirect tax?
The constitution allows for two types of taxation with specific rules that
govern each specie of tax. A direct tax must be apportioned and indirect
taxes must be uniform. I know if it's a direct tax that the income tax
is not apportioned and if it's an indirect tax it's not uniform. So what
is it?
3. What statute makes me liable for the Individual Income Tax?
Not one person, lawyer, accountant or tax preparer that I've asked this
question can answer it, and I have asked many. Not one. If I called the
County Sheriff and asked him what statute would I be violating if I take
my neighbors car without asking him, he would say Wisconsin state statutes
§ XXXXXXXX Grand Theft Auto. The law can be looked up in a book of
Wisconsin state statutes. It is knowable. The same cannot be said about
the income tax law. I've looked.
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- Ask a government official the same question and they
act as if the law that requires someone to pay the Individual Income tax
is classified information. I wonder what they are hiding?
4. What form is required by law to pay the Individual Income tax and where
does the law say that.
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- Government agencies promulgate rules governing its interaction
with the public in accordance with the laws passed by congress. They are
published in the Code of Federal Regulations. This one should be easy for
the IRS. So what say you, IRS?
We live in a nation where the rule of law governs. I am not against taxes.
I understand the government's need for revenue to meet the legitimate functions
of government. The legitimate needs of all the people will never be met
if the government refuses to meet its obligation to inform us of the laws
we are accountable for. Its time to stop playing hide the ball. The American
people have a right to answers from their elected officials. You can all
help me get the answers to these important questions. I have officially
sent a letter to my elected officials and the IRS requesting answers to
these questions. I have copies of the letters and this article on my web
site at www.rraymond.org. I will pay out of my own pocket the cost of placing
the IRS's replies in the paper so you willknow the answers and can feel
confident that the laws are being applied correctly. Please take part in
our effort to get answers to these important questions. You can help by
sharing this information with your friends and family. Lets make sure that
every American is aware of this issue. If you can, consider
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- paying to run this article in your local paper. Or make
a donation so we can run this article in all the major newspapers around
the country. Thousands of your fellow Americans, your neighbors, are being
abused daily without knowing the legal foundation for their abusers actions.
Don't let them suffer another day without getting straight answers.
© 2004 -Robert R. Raymond All Rights Reserved
Robert R. Raymond is the past Independent candidate for the U.S House of
Representatives for Wisconsin 's 5th District in the 2002 elections. A
political activist for the past eight years he represents the People for
Truth in Taxation Organization. He can be reached on his web site www.rraymond.org
or by e-mail at rr@rraymond.org . He can also be reach by U.S mail at 10936
North Port Washington Rd - #242, Mequon , Wisconsin 53092 or by phone at
414-297-9226. Republication allowed with this notice and hyperlink intact.
"Silence can be equated with fraud where there is a legal or moral
duty to speak, or where an inquiry left unanswered would be intentionally
misleading. . . We cannot condone this shocking behavior by the IRS. Our
revenue system is based on the good faith of the taxpayer and the taxpayers
should be able to expect the same from the government in its enforcement
and collection activities."
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- U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden,
424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932.
- <http://www.rraymond.org/irs_let.htm>http://www.rraymond.org/irs_let.htm
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