Legal Question in Constitutional Law in Washington

Federal Income Tax

Is it illegal for the government to charge us federal incometax? Can we legally refuse to pay and refuse to submit an income tax return?


Asked on 5/23/02, 5:27 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Federal Income Tax

The Sixteenth Amendment to the United States Constitution specifically provides that "The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived . . . ." This amendment was ratified in 1913 and has not been repealed or modified. Accordingly, it is the supreme law of the land and it absolutely gives the government authority to impose income tax. You are indeed required to file returns and pay your taxes, and you risk substantial civil and criminal penalties if you do not. Those who claim to have found a loophole which would permit you to shirk this duty are almost certainly either delusional or con artists hoping to sell you bogus information.

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Answered on 5/24/02, 2:32 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Federal Income Tax

This old, tired idea that the US income tax is illegal just won't die. We have a name for the tax protesters who believe this lie - convicts.

1. The tax is legal;

2. You must pay according to law;

3. If you don't pay and are caught and prosecuted, you stand a good chance of going to jail. It is a crime to fail to file, and a crime to fail to pay.

Don't believe this neverending mis-statement.

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Answered on 5/23/02, 6:59 pm


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