Jailed for evading income tax - where is the law?, page 1

posted by godservant

Another one jailed.

Under federal law, only foreigners working in the U.S., or U.S. citizens working abroad, are legally required to pay federal income taxes. And employers are not required to withhold federal income taxes.

I remember hearing that when the income tax was introduced, it would ONLY touch the rich.

Jeez, Mr. G/S, the first income tax law was enacted under President Abraham Lincoln. Are you Methuselah in drag?

“ . . in the USA, everyone pays about 1/4 or more of their pay in income taxes. Folks are getting jailed for not paying income taxes. How can this be legal? The 16th Amendment was never legally ratified in the US. So how can one be jailed? [Edited by Don W]

History 101
On the 12th of July, 1909, the 61st Congress proposed the 16th Amendment to the Constitution to the several states. On February 3, 1913, ratification was complete. On February 28, 1913, the Secretary of State proclaimed the requisite number of states had ratified the amendment, and it was therefore, in full force and effect.

This anti-tax urban legend is popular because Ohio and West Virginia were among the amendment ratifying states. Sometime in the 1970s, it was discovered that the documents admitting Ohio into the Union in 1803 had not been signed. Some people have asserted this oversight nullified any Federal constitutional amendment which included Ohio as a ratifying state. Although suits have been filed on this non-issue, the suits are routinely dismissed as “moot” or for lack of standing to sue.

Further, West Virginia entered the Union in 1863, during the Civil War when 27 counties in northwest Virginia asked to be admitted. Congress did so. Article IV, Section 3, requires that no state be formed out of another without the consent of the state’s legislature. The Supreme Court ruled that when Virginia seceded from the Union, it gave up that right.

It is not illegal not to pay your own taxes; it is however, a crime not to file a return if you are otherwise required to make such a filing. If you comply with all laws, rules and regulations regarding the proper and truthful completion and filing of all forms and documents, you will not be jailed for non-payment. Your assets will be seized however and sold. The net proceeds will be applied to your tax liability. Secreting assets is also a crime.

A lot of people, especially low income people, confuse FICA withholding with income taxes. It is not. FICA - Federal Insurance Contributions Act - collects OASI and the Medicare tax. OASI - Old Age and Survivor’s Insurance - is commonly known as Social Security. It pays families who loose the bread-winner; people who are totally disabled; and retirement benefits. All based on your earnings record. No freebies here.

[edit on 5/16/2006 by donwhite]