posted on Jan, 4 2010 @ 10:16 PM
reply to post by StrangeBrew
I do not know what you exactly mean by "law" or and other terminology you use, but I hope this clarifies things. Lawyers use the term "law" to
refer to a rule. Rules can come from statutes, treaties, regulations, court cases, and other such sources.
When Congress enacts a statute, or the executive branch promulgates a regulation, it has the force of law in that the government enforces the law by
imposing punishments against people who do not follow the statutes or regulations. The government even does this if the statute or regulation is
unpopular. The "tax laws" are based on the internal revenue code, which is a statute, and treasury regulations, which are rules written by the
Executive branch which elaborate upon the internal revenue code. Tax laws are also based on court decisions and other sources.
You might think it is unfair or unjust for an unpopular statute or regulation to be enforced against people, but in the real world the government
"gets away" with enforcing laws and regulations against people that you may think are unfair, unjust, unpopular, or that society did not consent to.
You would not be successful in court if you argued a statute or regulation is not valid because it is unpopular or you (or any other segment of
society) did not consent to the law.
As far as your comments about gross negligence and fraud, the legal definitions of gross negligence and fraud are completely different. Fraud is an
intentional misrepresentation. Gross negligence does not necessarily involve misrepresentations and does not involve intentional acts, but rather
involves carelessness. It can be gross negligence or fraud on the part of an attorney, or anybody else, to tell someone they do not need to pay taxes
because society did not "consent" to the tax statutes and tax regulations.
As far as the practice of law goes, distinguishing between rules from court cases, rules from statutes, rules from regulations, etc. generally does
not matter as all these rules have the force of law. The one time