The Income Tax is Constitutional!
(The Graduated income tax is NOT!)
  • The Income Tax is Constitutional because it is limited to the imposition of indirect taxes.

  • An indirect tax (excise tax) cannot be imposed upon property.

  • Renumeration and compensation for labor are property, upon which an indirect tax cannot be imposed.

  • The Income Tax is an excise tax requiring the excercise of a privlege.

  • The "Right to Labor" is an inalienable fundamental Right upon which a "privledge" tax cannot be imposed.

  • " A State, or The Federal Government, may not impose a charge for the enjoyment of a Right granted by the Federal Constitution. "
    -- Murdoc v. Pennsylvania, 319 U.S. 105, at 113.

    From The Treasury, and
    Internal Revenue Code:  
    (IRC - Title 26)

  • "Gross income excludes the items of income specifically exempt by statute or fundamental law, free from tax."

    (What part of "excludes" do you NOT understand?)

  • "Meaning of Net Income: The tax imposed by Title 26 of the Act is upon income. Neither income exempted by statute or fundamental law, nor expenses incurred in connection therewith, other than interest, enter into the computation of net income..."

    (What part of "exempted" do you NOT understand?)

  • "Income (excluding interest) attributable to a tax imposed by the United States which has been held unconstitutional may be excluded from Gross Income."

    ("Excluded" from "Gross Income" - Get it?)

    From The Constitution:
    Article 1; Section 2, Clause 3:
  • "Representations and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers..."

    Article 1; Section 9, Clause 4:
  • "No Capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken."

  • Apportionment:   means to equally divide among the population (census).

    (like: $1 per person)

  • Capitation Tax:   "a tax imposed upon a person at a fixed rate, regardless of the taxpayer's ability to pay, occupation, assets, or income." (Law Dictionary)

    (The "Graduated income tax" is NOT Constitutional!)


    Compensation for Labor is your property and, as such, is an "item of income, under the Constitution, not taxable by the Federal Government " and is, therefore, excluded from Gross Income and exempt from tax under Title 26 of the Internal Revenue Code!     YES!!


    How much longer are you going to "volunteer" to have your labor taxed?

    Your employer is only required to ask you for your volunteered tax contribution.  He is not required to withhold anything!  The rules governing him only deal with how he does it!


    If you are a business owner, not a Corporation, and you subtracted your labor as an expense (schedule C), then, adjust your Gross Income (1040) to not include this Labor amount....

    How much money do you make now?

    What this means is: That your profit is exactly what it is supposed to be, "...that which is separated from capital..."

    • We only need to educate the IRS agent, and your employer or CPA.
    • Always do it in a helpful, cheerful, and cooperative manner.
    • Remember, that the IRS's "prices" are subject to your attitude!

    Think about it....Seriously!
    ( it's YOUR money...)

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    Copyright © John R. Beaman - Educate America Foundation - 1987-1997

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    [ Who has to pay taxes? ]
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