What Law Says You Need To File Taxes???

I was looking around and was wondering what LAW says you need to file taxes.. Someone said there is a law that sais each citizen needs to pay a % to taxes.. But isn't that already commin out of your paycheck? What law and where is it that forces people to file taxes?
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Ok no smart comments saying, Don't and u'll get arrested, don't and ur money will dissapear... Cause where is ur proof that that will happen. Just cause you have been told to file taxes doesn't mean that it's the law. I worked with a guy who was 42 years old and he never filed his taxes. He said he never knew he was suppose to he just figured it was optional. After that much time if nobody has showed up at his door with a suitcase or freeze his bank account I doubt it's gonna happpen soon. Show me the law where it says it cause I have looked and have not found anything where says clearly you have to..

There is a law concerning income taxes. It is codified in Title 26 of the U.S. Code. This is known as "prima facie" law or evidence of the actual laws passed by Congress. You can read Title 26 at http://www.law.cornell.edu/uscode/26/usc_sup_01_26.html
http://uscode.house.gov/download/title_26.shtml
http://www.access.gpo.gov/uscode/title26/title26.html

The actual tax laws passed by Congress can be found in the U.S. Statutes at Large. For the most part, these are not available online. However, you can read them at most Federal Depository Libraries.
http://www.gpoaccess.gov/libraries.html
You can start by reading the Internal Revenue Act of 1954 which will be in Volume 68a starting on page 3. You can continue with the Tax Reform Act of 1986 which is in Volume 100 beginning on page 2085. Since that time, there have been various tax acts modifying portions of the income tax laws, but the basic structure of our current income tax laws originate in those two acts.

Re: Where is the law that says you have to pay taxes?
As I mentioned, it is in Title 26. The sections that apply to most people are sections 1, 61, 62, 63, 3402, 6011 and 6012.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC1
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC61
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC62
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC63
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC3402
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC6011
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+26USC6012

Re: Isn't that already coming out of your paycheck?
For most people who work for someone else or for a company, yes. That is specified in section 3402 mentioned above. As others have mentioned, many people may have too much withheld from their pay and will be due a refund at the end of the year. However, if that person does not file, the IRS will not send them the refund. Additionally, if a person was due a refund and does not file within three years of when they were supposed to, that refund is gone forever.

Finally, you can ignore the video, "America: Freedom to Fascism". It is full of conspiracy theory nonsense. As I have pointed out, there is a law concerning income taxes. It is constitutional. The 16th amendment was properly ratified.
http://evans-legal.com/dan/tpfaq.html#ratification
Additionally, many quotes from the movie are either taken out-of-context or completely made up. Just one example is the Woodrow Wilson quote that the movie says he made in 1919. There is no record of him saying those words in 1919. However, parts of the quote can be found WORD FOR WORD in his book, "The New Freedom" which is a compilation of campaign speeches he made in 1912. The movie wants you to believe Woodrow Wilson made those statements in reference to the Federal Reserve. The problem is, the Federal Reserve did not exist when he made those statements. In fact, he was actually making those statements in regards to the many monopolistic corporations that existed at the time. You can read his book for yourself at http://www.gutenberg.org/files/14811/14811-h/14811-h.htm

Does that answer your question?

EDIT: On the subject of taxes and the Constitution. Article 1 Section 8 of the Constitution states, "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises,..." Notice that there is a comma between the words "Taxes" and "Duties". Indirect taxes are not just duties, imposts and excises. In Hylton v. United States, 3 U.S. 171 (1796), Justice Patterson said the following,

"There may, perhaps, be an indirect tax on a particular article, that cannot be comprehended within the description of duties, or imposts, or excises; in such case it will be comprised under the general denomination of taxes. For the term tax is the genus, and includes,
â€œ1. Direct taxes.
â€œ2. Duties, imposts, and excises.
â€œ3. All other classes of an indirect kind, and not within any of the classifications enumerated under the preceding heads.
â€œThe question occurs, how is such tax to be laid, uniformly or apportionately? The rule of uniformity will apply, because it is an indirect tax, and direct taxes only are to be apportioned."

Obviously, Justice Patterson believed that the category of indirect taxation was not limited to only duties, imposts, and excises.

The first income tax law was passed in 1861 and was continued until 1872. In 1880, the Supreme Court upheld the constitutionality of that income tax in Springer v. United States, 102 U.S. 586 (1880). In Springer, the court states, "Our conclusions are, that direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate; and that the tax of which the plaintiff in error complains is within the category of an excise or duty." http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=102&page=586

In 1894, there was an income tax law enacted. In 1895, the Supreme Court in Pollock v. Farmersâ€™ Loan & Trust Co., 157 U.S. 429, 558 (1895), the court decided that a tax on income from personal property (i.e. rental income) was the same as a tax on the property itself and a direct tax and therefore unconstitutional. Also, the majority opinion stated, "Upon each of the other questions argued at the bar, to wit: (1) Whether the void provisions as to rents and income from real estate invalidated the whole act; (2) whether, as to the income from personal property, as such, the act is unconstitutional, as laying direct taxes; (3) whether any part of the tax, if not considered as a direct tax, is invalid for want of uniformity on either of the grounds suggested,-the justices who heard the argument are equally divided, and therefore no opinion is expressed."

The 16th amendment did not change the Constitution. It CLARIFIED that income taxes are INDIRECT taxes. That is the true meaning of the Supreme Court's statement in the Brushaber and Stanton cases. If the Stanton case meant what another poster claims, then the income tax act of 1913 would have been unconstitutional. Since the Supreme Court (and every other court) has upheld the validity of the income tax laws passed since 1913, obviously, the income tax laws are constitutional.

Title 26 Section 6012 of the US Code:

"(a) General rule
Returns with respect to income taxes under subtitle A shall be made by the following:
(1)
(A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount, except that a return shall not be required of an individualâ€”
(i) who is not married (determined by applying section 7703), is not a surviving spouse (as defined in section 2 (a)), is not a head of a household (as defined in section 2 (b)), and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual,
(ii) who is a head of a household (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual,
(iii) who is a surviving spouse (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, or
(iv) who is entitled to make a joint return and whose gross income, when combined with the gross income of his spouse, is, for the taxable year, less than the sum of twice the exemption amount plus the basic standard deduction applicable to a joint return, but only if such individual and his spouse, at the close of the taxable year, had the same household as their home."
======================================...

Title 26 Section 7203 US Code:

"Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution. In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure. In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting â€œfelonyâ€ for â€œmisdemeanorâ€ and â€œ5 yearsâ€ for â€œ1 yearâ€."

Say that in court when the IRS takes everything you own and you find your self in court.

The 16th Amendment to the Constitution provides for the Income Tax. In addition, there are many federal laws requiring various taxes including the income tax. They income tax laws are part of the Internal Revenue Code (federal law, not agency regulations). The Internal Revenue Manual is agency regulations.

Every year or so, Congress changes the law by adding or taking away deductions and credits. Most folks don't like to pay taxes, but it is the price we pay for a civil society, various services and government protection. It is not "optional." I worked for IRS for over 10 years. Whenever I had someone who did not file for many years, I went out to their house and requested they file. If they did not, I served a Summons on them requiring them to file. If they ignored the Summons, IRS either filed a return for them or the case was sent to the US Attorney.

In the USA, all laws are based on voluntary compliance. You are free to own guns, weapons, etc. If you murder someone, you may be prosecuted. If you don't file your income tax, you may face enforcement by IRS. The links below provide good info. Your "friend" is lucky he hasn't been caught. Either he has paid in enough that he is losing refunds or he is working for cash under the table.

The 16th Amendment, passed Feb. 13, 1913:

"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."

Are you wondering the obvious or don't know what laws require you to file a tax return and pay tax or have you fallen under the spell of people peddling tax protestor programs that tell you what you want to hear but have a 100% failure rate?

Wait until your 42 year old friend tries to apply for social security benefits or Medicare benefits. Ignorance of the law is no excuse my friend.

Title 26 of the US Code is the LAW that applies to Federal income taxes. It covers both the taxes withheld from your pay as well as the requirement to file a return if your income exceeds the filing requirement amount for your filing status.

Those who say there is no law are IDIOTS, pure and simple.

I've got a buddy who used to brag that he never filed in 30 years. Fact is, he LOST OUT on nearly $30,000 worth of refunds over the years by not filing. We did file the last 3 years worth of returns and got him nearly $6,000 in refunds. He's got religion now and can't wait to file.

Most taxpayers get a refund when they file. If you want to be a dumbass and let the IRS keep YOUR money, be my guest!

Don't and you'll find out when your bank account gets levied. Let us know how it turns out!

http://video.google.com/videoplay?docid=1616088001333580937&hl=en

Wow, looking at all these responses has seriously made me want to gag. Only one person knew what the hell they were talking about.

With that one exception, let me inform you other, clearly ignorant Americans. Lets start with basis this country was founded on: The United States Constitution. Well hang on to your hats girls and boys, because you are about to blown out of your little comfort zones:

"The Hidden Truth About Income Taxes"

American citizens and permanent resident aliens, living and working within the States of the Union are not subject to the filing of an IRS Form 1040 and ARE NOT LIABLE for the payment of a tax on "income"!!! If this surprises you, you are not alone. You are among the vast majority of American citizens who have been mislead and misinformed. Read on.

For YEARS, the Internal Revenue Service has ruled the American people with fear, bluff, and deception, the IRS's major weapons. Americans have been led to believe that they "owe" an income tax on their earnings; that it is their "patriotic duty" to pay it, and there is no alternative to the IRS's abuse. Nothing could be further from the truth! From its beginning, the income tax was levied on non-resident aliens and American citizens living and working in a foreign country and for the federal government. During World War I, the government requested that citizens volunteer to pay taxes as a way to pay for the war. During World War II the government employed Walt Disney and his cartoon character, Donald Duck, to increase the voluntary payment of the income tax. Consider the following facts:

Our Founding Fathers created a constitutional republic as our form of government. The Constitution gives the federal/national government limited powers. All powers not delegated to the United States are reserved to the States respectively or to the People. The Union was created to be the servant of the people! The United States Constitution is the supreme law of the land. (Article VI, Clause 2.)

The Constitution gives the Congress the power to lay and collect taxes to pay the debts of the government and to provide for the common defense and general welfare of the United States. Congress is only permitted to levy two types of taxes.

1. DIRECT TAXES, which are subject to the rule of apportionment among the states of the Union.

2. INDIRECT TAXES -- imposts, duties and excises, subject to the rule of uniformity.

The US Constitution does not allow the federal government to use either of the two classifications to tax CITIZENS or PERMANENT RESIDENT ALIENS of the United States of America, DIRECTLY. The intent of the Founders was to keep the government the servant and to prevent it from becoming the master. (See Article 1, section 2, clause 3 of the U.S. Constitution.)

A federal census is taken every ten (10) years to determine the number of representatives to be allotted to each State and the amount of a direct tax that may be apportioned to each State. This is determined by the percentage its number of representatives bears to the total membership in the House of Representatives. (Article 1, section 2, clause 3; Article 1, section 9, clause 4.)

It was established in the Constitutional Convention of 1787 that the Supreme Court of the United States would have the power of "judicial review". This is the power to declare laws passed by the U.S. Congress to be null and void if such a law or laws was/were in violation of the Constitution. This was to be determined from the original intent as found in Madison's Notes recorded during the Convention, the Federalist Papers, and the ratifying conventions found in Elliott's Debates.

Due to the characteristics of the SECOND CLASSIFICATION of taxation, the Supreme Court called it an indirect tax and it is divided into three distinct taxes: IMPOSTS, DUTIES, and EXCISES. These taxes were intended to provide for the operating expenses of the government of the United States. (See Article 1, section 8, clause 1.)

Duties and imposts are taxes levied by government on things imported into the country from abroad, and are paid at the ports of entry.

The Supreme Court says that excises are...taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations and upon corporate privileges. (See Flint v. Stone Tracy Co., 220 US 107 [1911].)

In 1862, Congress passed an Act (law) to create an "Income Duty" to help pay for the War Between the States. A duty is an indirect tax, which the federal government cannot impose on citizens or residents of a State having sources of income within a State of the Union.

Congress passed an Act in 1894 to impose a tax on the incomes of citizens and resident aliens of the United States. The constitutionality of the Act was challenged in 1895 and the Supreme Court said the law was unconstitutional because it was a direct tax that was not apportioned as the Constitution required (See Pollock v. Farmer's Loan & Trust Co., 157 US 429 [1895].)

In 1909 Congress passed the 16th Amendment to the Constitution that was allegedly ratified by 3/4 of the States; it is known as "The Income Tax Amendment." Bill Benson has gathered the evidence that it was not legally ratified.

Some officials within the Internal Revenue "Service," along with professors, teachers, politicians and some judges, have said and are saying, that the 16th Amendment changed the United States Constitution to allow a DIRECT tax without apportionment.

However, the above persons are not empowered to interpret the meaning of the United States Constitution! As stated above, this power is granted by the Constitution to the Supreme Court, but limited to the original intent. The Supreme Court has no power to function as a "social engineer" to amend or alter the Constitution as they have been doing. A change or "amendment " can only be lawfully done according to the provisions of Article 5 of the US Constitution.

The U.S. Supreme Court said in 1916 that the 16th Amendment did not change the U.S. Constitution because of the fact that Article 1, section 2, clause 3, and Article 1, section 9, clause 4, were not repealed or altered; the U.S. Constitution cannot conflict with itself. The Court also said that the 16th Amendment merely prevented the "income duty" from being taken out of the category of INDIRECT taxation. (See Brushaber v. Union Pacific R.R. Co., 240 US, page 16.)

After the Supreme Court decision, the office of the Commissioner of Internal Revenue issued Treasury Decision [Order] 2313 (dated March 21, 1916; Vol. 18, January-December, 1916, page 53.) It states in part;

...it is hereby held that income accruing to nonresident aliens in the form of interest from the bonds and dividends on the stock of domestic change corporations is subject to the income tax imposed by the act of October 3, 1913.

In another Supreme Court decision in 1916, the Court, in clear language settled the application of the 16th Amendment. By the previous ruling [Brushaber] it was settled that the provisions of the Sixteenth Amendment conferred no new power of taxation. Rather it simply prohibited the previous complete and plenary [full] power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged... (See Stanton v. Baltic Mining Co., 240 US, 112.) And indirect taxes are limited to imposts, duties, and excises, not on the income of individuals.

The United States Constitution gives the federal government the exclusive authority to handle foreign affairs. Congress has the power to pass laws concerning the direct or indirect taxation of foreigners doing business in the U.S.A. It has possessed this power from the beginning, needing no "amendment" (change) to the U.S. Constitution to authorize the exercise of it.

The DIRECT classification of taxation was intended for use when unforeseen expenses or emergencies arose. Congress, needing funds to meet the emergency, can borrow money on the credit of the United States (Article 1, section 8, clause 2). The Founding Fathers intended that the budget of the United States be balanced and a deficit be paid off quickly and in an orderly fashion. Through a DIRECT tax, the tax bill is given to the States of the Union. The bill is "apportioned" by the number of Representatives of each State in Congress; therefore, each State is billed its apportioned share of the DIRECT tax equal to the number of votes its Representatives could employ to pass the tax. How the States raise the money to pay the bill is not a federal concern (Article 1, section 2, and clause 3).

In the Brushaber and Stanton cases, the Supreme Court said the 16th Amendment did not change income taxes to another classification. So, if the INCOME TAX is an indirect EXCISE tax, then how is it applied and collected? According to the Supreme Court, "Excises are taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations and upon corporate privileges; the requirement to pay such taxes involves the exercise of the privilege and if business is not done in the manner described no tax is payable...it is the privilege which is the subject of the tax and not the mere buying, selling or handling of goods." (Flint v. Stone Tracy Co., 220 US, 110.) In other words, if there is no privilege or licensing involved in a business, no tax is payable.

If all RIGHTS are the natural heritage of men and women, citizens of the States retain all RIGHTS except those surrendered as enumerated in the United States Constitution), and PRIVILEGES are granted by government after application; THEN what is the PRIVILEGE that the "income tax&quo

THERE IS NO LAW.

They're counting on the citizens being too "frightened" to OPEN THEIR EYES and see the TRUTH.

www.larkenrose.com
www.861.info
www.theftbydeception.com

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