DOCSLIB.ORG

The Truth About Frivolous Tax Arguments

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Truth About Frivolous Tax Arguments THE TRUTH ABOUT FRIVOLOUS TAX ARGUMENTS January 2015 Table of Contents I. FRIVOLOUS TAX ARGUMENTS IN GENERAL .......................................................................................... 1 A. The Voluntary Nature of the Federal Income Tax System ................................................................ 1 1. Contention: The filing of a tax return is voluntary. ...................................................................... 1 2. Contention: Payment of federal income tax is voluntary. ........................................................... 3 3. Contention: Taxpayers can reduce their federal income tax liability by filing a “zero return”. ... 5 4. Contention: The IRS must prepare federal tax returns for a person who fails to file. ................. 7 5. Contention: Compliance with an administrative summons issued by the IRS is voluntary. ........ 8 B. The Meaning of Income: Taxable Income and Gross Income .......................................................... 9 1. Contention: Wages, tips, and other compensation received for personal services are not income. ................................................................................................................................................. 9 2. Contention: Only foreign‐source income is taxable. .................................................................. 13 3. Contention: Federal Reserve Notes are not income. ................................................................. 15 4. Contention: Military retirement pay does not constitute income. ............................................ 16 C. The Meaning of Certain Terms Used in the Internal Revenue Code .............................................. 17 1. Contention: Taxpayer is not a “citizen” of the United States and thus is not subject to the federal income tax laws. ..................................................................................................................... 17 2. Contention: The “United States” consists only of the District of Columbia, federal territories, and federal enclaves ........................................................................................................................... 18 3. Contention: Taxpayer is not a “person” as defined by the Internal Revenue Code, thus is not subject to the federal income tax laws. .............................................................................................. 20 4. Contention: The only “employees” subject to federal income tax are employees of the federal government. ........................................................................................................................................ 21 D. Constitutional Amendment Claims ................................................................................................. 23 1. Contention: Taxpayers can refuse to pay income taxes on religious or moral grounds by invoking the First Amendment. ........................................................................................................... 23 2. Contention: IRS summonses violate the Fourth Amendment protections against search and seizure. ................................................................................................................................................ 24 3. Contention: Federal income taxes constitute a “taking” of property without due process of law, violating the Fifth Amendment. .................................................................................................. 26 4. Contention: Taxpayers do not have to file returns or provide financial information because of the protection against self‐ incrimination found in the Fifth Amendment. ....................................... 27 5. Contention: Compelled compliance with the federal income tax laws is a form of servitude in violation of the Thirteenth Amendment. ............................................................................................ 28 ii 6. Contention: The federal income tax laws are unconstitutional because the Sixteenth Amendment to the United States Constitution was not properly ratified. ........................................ 30 7. Contention: The Sixteenth Amendment does not authorize a direct non‐apportioned federal income tax on United States citizens. ................................................................................................. 31 E. Fictional Legal Bases ....................................................................................................................... 32 1. Contention: The Internal Revenue Service is not an agency of the United States. ................... 32 2. Contention: Taxpayers are not required to file a federal income tax return, because the instructions and regulations associated with the Form 1040 do not display an OMB control number as required by the Paperwork Reduction Act. .................................................................................... 33 3. Contention: African Americans can claim a special tax credit as reparations for slavery and other oppressive treatment. ............................................................................................................... 35 4. Contention: Taxpayers are entitled to a refund of the Social Security taxes paid over their lifetime. ............................................................................................................................................... 37 5. Contention: An “untaxing” package or trust provides a way of legally and permanently avoiding the obligation to file federal income tax returns and pay federal income taxes. ................ 37 6. Contention: A “corporation sole” can be established and used for the purpose of avoiding federal income taxes ........................................................................................................................... 39 7. Contention: Taxpayers who did not purchase and use fuel for an off‐highway business can claim the fuels tax credit. .................................................................................................................... 41 8. Contention: A Form 1099‐OID can be used as a debt payment option or the form or a purported financial instrument may be used to obtain money from the Treasury. .......................... 42 II. FRIVOLOUS ARGUMENTS IN COLLECTION DUE PROCESS CASES ........................................................ 45 A. Invalidity of the Assessment ........................................................................................................... 45 1. Contention: A tax assessment is invalid because the taxpayer did not get a copy of the Form 23C, the Form 23C was not personally signed by the Secretary of the Treasury, or a form other than Form 23C is not a valid record of assessment. .................................................................................... 45 2. Contention: A tax assessment is invalid because the assessment was made from a substitute for return prepared pursuant to section 6020(b), which is not a valid return. .................................. 47 B. Invalidity of the Statutory Notice of Deficiency .............................................................................. 48 1. Contention: A statutory notice of deficiency is invalid because it was not signed by the Secretary of the Treasury or by someone with delegated authority. ................................................. 48 2. Contention: A statutory notice of deficiency is invalid because the taxpayer did not file an income tax return. .............................................................................................................................. 49 C. Invalidity of Notice of Federal Tax Lien ........................................................................................... 49 1. Contention: A notice of federal tax lien is invalid because it is unsigned or not signed by the Secretary of the Treasury, or because IRS employees lack the delegated authority to file a notice of federal tax lien. ................................................................................................................................... 49 2. Contention: The form or content of a notice of federal tax lien is controlled by or subject to a state or local law, and a notice of federal tax lien that does not comply in form or content with a state or local law is invalid. ................................................................................................................. 51 iii D. Invalidity of Collection Due Process Notice .................................................................................... 51 1. Contention: A collection due process notice (e.g., Letter 1058, LT‐ 11 or Letter 3172) is invalid because it is not signed by the Secretary or his delegate. .................................................................. 51 2. Contention: A collection due process notice is invalid because no certificate of assessment is attached. ............................................................................................................................................. 52 E. Verification Given as Required by I.R.C. § 6330(c)(1) ..................................................................... 52 1. Contention: Verification requires the production of certain documents. .................................. 52 F. Invalidity of Statutory Notice and Demand .................................................................................... 53 1. Contention: A notice and
Load more

Recommended publications
  • Statement of Facts and Beliefs Forming the Basis of the Decision to Stop Filing and Paying the Individual Income Tax
    STATEMENT OF FACTS AND BELIEFS FORMING THE BASIS OF THE DECISION TO STOP FILING AND PAYING THE INDIVIDUAL INCOME TAX September 2003 (Attachment 2) 1 TABLE OF CONTENTS PRELIMINARY STATEMENT 4 POINT I THE INCOME TAX IS A TAX ON LABOR, PROHIBITED BY THE 13TH AMENDMENT 4 POINT II CONGRESS LACKS THE AUTHORITY TO LEGISLATE AN INCOME TAX ON THE PEOPLE EXCEPT IN THE DISTRICT OF COLUMBIA, THE US TERRITORIES AND IN THOSE AREAS WITHIN ANY OF THE 50 STATES WHERE THE STATES HAVE SPECIFICALLY AUTHORIZED IT, IN WRITING 10 POINT III THE GOVERNMENT IS PROHIBITED BY THE 4TH AND 5TH AMENDMENTS FROM COMPELLING INDIVIDUALS TO SIGN AND FILE AN INCOME TAX RETURN FORM 1040 14 POINT IV PERSONAL INCOME TAXES POLARIZE AND DIVIDE AN OTHERWISE UNITED NATION AND PROMOTE CLASS WARFARE AND MISTRUST OF OUR GOVERNMENT. 15 POINT V THE 16TH AMENDMENT WAS NOT RATIFIED BY 3/4THS OF THE STATE LEGISLATURES AS REQUIRED BY ARTICLE 5 OF THE CONSTITUTION 18 POINT VI THE INTERNAL REVENUE CODE DOES NOT MAKE INDIVIDUALS LIABLE TO FILE A TAX RETURN AND PAY AN INCOME TAX 30 POINT VII THE INTERNAL REVENUE CODE IS VOID FOR VAGUENESS 33 POINT VIII UNLESS ONE IS A FOREIGNER WORKING HERE OR A CITIZEN OF THE U.S.A. EARNING HIS MONEY ABROAD HE IS NOT LIABLE FOR THE INCOME TAX 35 POINT IX MOST INDIVIDUALS ARE NOT REQUIRED TO FILE A FORM 1040 GIVEN THE FACT THAT ITS OMB CONTROL NUMBER RELATES TO REGULATORY SECTIONS THAT HAVE NOTHING TO DO WITH MOST PEOPLE 37 POINT X THE IRS ROUTINELY VIOLATES 4TH AMENDMENT DUE PROCESS PROTECTIONS OF AMERICANS BY SEIZING ASSETS WITHOUT LAWFUL AUTHORITY OR A COURT
    [Show full text]
  • Form W-4, Employee's Withholding Certificate
    Employee’s Withholding Certificate OMB No. 1545-0074 Form W-4 ▶ (Rev. December 2020) Complete Form W-4 so that your employer can withhold the correct federal income tax from your pay. ▶ Department of the Treasury Give Form W-4 to your employer. 2021 Internal Revenue Service ▶ Your withholding is subject to review by the IRS. Step 1: (a) First name and middle initial Last name (b) Social security number Enter Address ▶ Does your name match the Personal name on your social security card? If not, to ensure you get Information City or town, state, and ZIP code credit for your earnings, contact SSA at 800-772-1213 or go to www.ssa.gov. (c) Single or Married filing separately Married filing jointly or Qualifying widow(er) Head of household (Check only if you’re unmarried and pay more than half the costs of keeping up a home for yourself and a qualifying individual.) Complete Steps 2–4 ONLY if they apply to you; otherwise, skip to Step 5. See page 2 for more information on each step, who can claim exemption from withholding, when to use the estimator at www.irs.gov/W4App, and privacy. Step 2: Complete this step if you (1) hold more than one job at a time, or (2) are married filing jointly and your spouse Multiple Jobs also works. The correct amount of withholding depends on income earned from all of these jobs. or Spouse Do only one of the following. Works (a) Use the estimator at www.irs.gov/W4App for most accurate withholding for this step (and Steps 3–4); or (b) Use the Multiple Jobs Worksheet on page 3 and enter the result in Step 4(c) below for roughly accurate withholding; or (c) If there are only two jobs total, you may check this box.
    [Show full text]
  • The Alternative Minimum Tax
    Updated December 4, 2017 Tax Reform: The Alternative Minimum Tax The U.S. federal income tax has both a personal and a Individual AMT corporate alternative minimum tax (AMT). Both the The modern individual AMT originated with the Revenue corporate and individual AMTs operate alongside the Act of 1978 (P.L. 95-600) and operated in tandem with an regular income tax. They require taxpayers to calculate existing add-on minimum tax prior to its repeal in 1982. their liability twice—once under the rules for the regular Table 2 details selected key individual AMT parameters. income tax and once under the AMT rules—and then pay the higher amount. Minimum taxes increase tax payments Table 2. Selected Individual AMT Parameters, 2017 from taxpayers who, under the rules of the regular tax system, pay too little tax relative to a standard measure of Single/ Married their income. Head of Filing Married Filing Household Jointly Separately Corporate AMT Exemption $54,300 $84,500 $42,250 The corporate AMT originated with the Tax Reform Act of 1986 (P.L. 99-514), which eliminated an “add-on” 28% bracket 187,800 187,800 93,900 minimum tax imposed on corporations previously. The threshold corporate AMT is a flat 20% tax imposed on a Source: Internal Revenue Code. corporation’s alternative minimum taxable income less an exemption amount. A corporation’s alternative minimum The individual AMT tax base is broader than the regular taxable income is the corporation’s taxable income income tax base and starts with regular taxable income and determined with certain adjustments (primarily related to adds back various deductions, including personal depreciation) and increased by the disallowance of a exemptions and the deduction for state and local taxes.
    [Show full text]
  • Form 211, Application for Award for Original Information
    Department of the Treasury - Internal Revenue Service OMB Number 1545-0409 Form 211 Application for Award for Date Claim received (July 2018) Claim number (completed by IRS) Original Information Section A – Information About the Person or Business You Are Reporting 1. Is this New submission or Supplemental submission 2. Last 4 digits of Taxpayer Identification If a supplemental submission, list previously assigned claim number(s) Number(s) (e.g., SSN, ITIN, or EIN) 3. Name of taxpayer (include aliases) and any related taxpayers who committed the violation 4. Taxpayer's address, including ZIP code 5. Taxpayer's date of birth or approximate age 6. Name and title and contact information of IRS employee to whom violation was first reported, if known 7. Alleged Violation of Tax Law (check all that apply) Income Tax Employment Tax Estate & Gift Tax Tax Exempt Bonds Employee Plans Governmental Entities Exempt Organizations Excise Other (identify) 8. Describe the Alleged Violation. State all pertinent facts to the alleged violation. (Attach a detailed explanation and include all supporting information in your possession and describe the availability and location of any additional supporting information not in your possession.) Explain why you believe the act described constitutes a violation of the tax laws 9. Describe how you learned about and/or obtained the information that supports this claim. (Attach sheet if needed) 10. What is your relationship (current and former) to the alleged noncompliant taxpayer(s)? Check all that apply. (Attach sheet if needed) Current Employee Former Employee Attorney CPA Relative/Family Member Other (describe) 11. Do you still maintain a relationship with the taxpayer Yes No 12.
    [Show full text]
  • 2021 Instructions for Form 6251
    Note: The draft you are looking for begins on the next page. Caution: DRAFT—NOT FOR FILING This is an early release draft of an IRS tax form, instructions, or publication, which the IRS is providing for your information. Do not file draft forms and do not rely on draft forms, instructions, and publications for filing. We do not release draft forms until we believe we have incorporated all changes (except when explicitly stated on this coversheet). However, unexpected issues occasionally arise, or legislation is passed—in this case, we will post a new draft of the form to alert users that changes were made to the previously posted draft. Thus, there are never any changes to the last posted draft of a form and the final revision of the form. Forms and instructions generally are subject to OMB approval before they can be officially released, so we post only drafts of them until they are approved. Drafts of instructions and publications usually have some changes before their final release. Early release drafts are at IRS.gov/DraftForms and remain there after the final release is posted at IRS.gov/LatestForms. All information about all forms, instructions, and pubs is at IRS.gov/Forms. Almost every form and publication has a page on IRS.gov with a friendly shortcut. For example, the Form 1040 page is at IRS.gov/Form1040; the Pub. 501 page is at IRS.gov/Pub501; the Form W-4 page is at IRS.gov/W4; and the Schedule A (Form 1040/SR) page is at IRS.gov/ScheduleA.
    [Show full text]
  • The Viability of the Fair Tax
    The Fair Tax 1 Running head: THE FAIR TAX The Viability of The Fair Tax Jonathan Clark A Senior Thesis submitted in partial fulfillment of the requirements for graduation in the Honors Program Liberty University Fall 2008 The Fair Tax 2 Acceptance of Senior Honors Thesis This Senior Honors Thesis is accepted in partial fulfillment of the requirements for graduation from the Honors Program of Liberty University. ______________________________ Gene Sullivan, Ph.D. Thesis Chair ______________________________ Donald Fowler, Th.D. Committee Member ______________________________ JoAnn Gilmore, M.B.A. Committee Member ______________________________ James Nutter, D.A. Honors Director ______________________________ Date The Fair Tax 3 Abstract This thesis begins by investigating the current system of federal taxation in the United States and examining the flaws within the system. It will then deal with a proposal put forth to reform the current tax system, namely the Fair Tax. The Fair Tax will be examined in great depth and all aspects of it will be explained. The objective of this paper is to determine if the Fair Tax is a viable solution for fundamental tax reform in America. Both advantages and disadvantages of the Fair Tax will objectively be pointed out and an educated opinion will be given regarding its feasibility. The Fair Tax 4 The Viability of the Fair Tax In 1986 the United States federal tax code was changed dramatically in hopes of simplifying the previous tax code. Since that time the code has undergone various changes that now leave Americans with over 60,000 pages of tax code, rules, and rulings that even the most adept tax professionals do not understand.
    [Show full text]
  • John Ben Shepperd, Jr. Memorial Library Catalog
    John Ben Shepperd, Jr. Memorial Library Catalog Author Other Authors Title Call Letter Call number Volume Closed shelf Notes Donated By In Memory Of (unkown) (unknown) history of the presidents for children E 176.1 .Un4 Closed shelf 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) Ruth Goree and Jane Brown 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) Anonymous 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) Bobbie Meadows Beulah Hodges 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) 1977 Inaugural Committee A New Spirit, A New Commitment, A New America F 200 .A17 (1977) 1981 Presidential Inaugural Committee (U.S.) A Great New Beginning: the 1981 Inaugural Story E 877.2 .G73 A Citizen of Western New York Bancroft, George Memoirs of General Andrew Jackson, Seventh President of the United States E 382 .M53 Closed shelf John Ben Shepperd A.P.F., Inc. A Catalogue of Frames, Fifteenth Century to Present N 8550 .A2 (1973) A.P.F. Inc. Aaron, Ira E. Carter, Sylvia Take a Bow PZ 8.9 .A135 Abbott, David W. Political Parties: Leadership, Organization, Linkage JK 2265 .A6 Abbott, John S.C. Conwell, Russell H. Lives of the Presidents of the United States of America E 176.1 .A249 Closed shelf Ector County Library Abbott, John S.C.
    [Show full text]
  • Form 1040 Page Is at IRS.Gov/Form1040; the Pub
    Note: The draft you are looking for begins on the next page. Caution: DRAFT—NOT FOR FILING This is an early release draft of an IRS tax form, instructions, or publication, which the IRS is providing for your information. Do not file draft forms and do not rely on draft forms, instructions, and publications for filing. We do not release draft forms until we believe we have incorporated all changes (except when explicitly stated on this coversheet). However, unexpected issues occasionally arise, or legislation is passed—in this case, we will post a new draft of the form to alert users that changes were made to the previously posted draft. Thus, there are never any changes to the last posted draft of a form and the final revision of the form. Forms and instructions generally are subject to OMB approval before they can be officially released, so we post only drafts of them until they are approved. Drafts of instructions and publications usually have some changes before their final release. Early release drafts are at IRS.gov/DraftForms and remain there after the final release is posted at IRS.gov/LatestForms. All information about all forms, instructions, and pubs is at IRS.gov/Forms. Almost every form and publication has a page on IRS.gov with a friendly shortcut. For example, the Form 1040 page is at IRS.gov/Form1040; the Pub. 501 page is at IRS.gov/Pub501; the Form W-4 page is at IRS.gov/W4; and the Schedule A (Form 1040/SR) page is at IRS.gov/ScheduleA.
    [Show full text]
  • The Great IRS Hoax, Form #11.302
    Chapter 1: Introduction 1-1 1 2 1. INTRODUCTION 3 WATCH THE 1 ½ HOUR FREE MOVIE ON OUR WEBSITE AND GET A FREE ELECTRONIC 4 COPY OF THE LATEST EDITION OF THIS BOOK! Visit the following address on the web: 5 http://famguardian.org/Publications/GreatIRSHoax/GreatIRSHoax.htm 6 7 Page 8 1. INTRODUCTION ................................................................................................. 1-1 9 1.1 HELP! Where can I get help with my tax problem? ................................................... 1-10 10 1.2 Summary of the Purpose of This Document .................................................................. 1-11 11 1.3 Who Is This Document Intended To Help? ................................................................... 1-23 12 1.4 Why Should I Believe This Book or Your Website? ..................................................... 1-23 13 1.4.1 Mission Statement .......................................................................................................... 1-24 14 1.4.2 Motivation and Inspiration ............................................................................................. 1-40 15 1.4.3 Ministry .......................................................................................................................... 1-41 16 1.4.4 Schooling ....................................................................................................................... 1-44 17 1.4.5 Criticism .......................................................................................................................
    [Show full text]
  • [REG-107100-00] RIN 1545-AY26 Disallowance of De
    [4830-01-p] DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-107100-00] RIN 1545-AY26 Disallowance of Deductions and Credits for Failure to File Timely Return AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing. SUMMARY: This document contains proposed regulations relating to the disallowance of deductions and credits for nonresident alien individuals and foreign corporations that fail to file a timely U.S. income tax return. The current regulations permit nonresident aliens and foreign corporations the benefit of deductions and credits only if they timely file a U.S. income tax return in accordance with subtitle F of the Internal Revenue Code, unless the Commissioner waives the filing deadlines. The temporary regulations revise the waiver standard. The text of the temporary regulations on this subject in this issue of the Federal Register also serves as the text of these proposed regulations set forth in this cross-referenced notice of proposed rulemaking. This document also provides notice of a public hearing on these proposed regulations. DATES: Written comments must be received by April 29, 2002. Requests to speak and outlines of topics to be discussed at the public hearing scheduled for June 3, 2002, at 10 a.m. must be received by May 13, 2002. ADDRESSES: Send submissions to: CC:ITA:RU (REG-107100-00), room 5226, Internal -2- Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m.
    [Show full text]
  • 2021 Form 1099-MISC
    Attention: Copy A of this form is provided for informational purposes only. Copy A appears in red, similar to the official IRS form. The official printed version of Copy A of this IRS form is scannable, but the online version of it, printed from this website, is not. Do not print and file copy A downloaded from this website; a penalty may be imposed for filing with the IRS information return forms that can’t be scanned. See part O in the current General Instructions for Certain Information Returns, available at www.irs.gov/form1099, for more information about penalties. Please note that Copy B and other copies of this form, which appear in black, may be downloaded and printed and used to satisfy the requirement to provide the information to the recipient. To order official IRS information returns, which include a scannable Copy A for filing with the IRS and all other applicable copies of the form, visit www.IRS.gov/orderforms. Click on Employer and Information Returns, and we’ll mail you the forms you request and their instructions, as well as any publications you may order. Information returns may also be filed electronically using the IRS Filing Information Returns Electronically (FIRE) system (visit www.IRS.gov/FIRE) or the IRS Affordable Care Act Information Returns (AIR) program (visit www.IRS.gov/AIR). See IRS Publications 1141, 1167, and 1179 for more information about printing these tax forms. 9595 VOID CORRECTED PAYER’S name, street address, city or town, state or province, country, ZIP 1 Rents OMB No.
    [Show full text]
  • Federal Register/Vol. 68, No. 208/Tuesday, October 28, 2003
    61552 Federal Register / Vol. 68, No. 208 / Tuesday, October 28, 2003 / Notices interest and redemption payments. The Information concerning book-entry Board of Governors of the Federal Treasury currently absorbs these costs transfers of government agency Reserve System [Docket OP–1165]. and will continue to do so. securities, which are priced by the The following is the Treasury fee The fees described in this notice Federal Reserve System, is set out in a schedule that will take effect on January apply only to the transfer of Treasury separate Federal Register notice 2, 2004, for the book-entry transfers on book-entry securities held on NBES. published elsewhere in this issue by the NBES: TREASURY—NBES FEE SCHEDULE 1 [Effective January 2, 2004, (in dollars)] Funds 2 Transfer type Basic fee Off-line move- Total fee surcharge ment fee On-line transfer originated ............................................................................................................... .21 .00 .04 .25 On-line transfer received ................................................................................................................. .21 .00 .04 .25 On-line reversal transfer originated ................................................................................................. .21 .00 .04 .25 On-line reversal transfer received ................................................................................................... .21 .00 .04 .25 Off-line transfer originated ..............................................................................................................
    [Show full text]