Is The IRS Legal?

Increasing Evidence Suggests "NO"!

The federal income tax, social security tax, the Internal Revenue Code and the IRS are unconstitutional and illegal, and the 16th Amendment to the U.S. Constitution (the income tax amendment) never even came close to being ratified and there is no law that requires citizens to file and pay federal income taxes - these are the conclusions of a substantial body of very credible evidence that has been mounting for several years, according to Robert L. Schulz of the "We the People Foundation for Constitutional Education", a non-profit corporation based in Queensbury, NY. "People have been so focused on trying to decipher an incomprehensible tax code that they have not noticed that the code itself is illegal", Schulz said. "They have not seen the forest for the trees", he said.

The most recent research on the subject was published in March 1999 by Joseph R. Banister, a former g-man for the IRS Criminal Investigation Division, who for years had been enforcing the IRS Code and who had been trained to regard all tax protesters as "kooks." His report was the result of more than two years of investigation into the arguments made by tax protesters. Banister was forced to resign after submitting his report to his IRS superiors.

For more information on We the People Foundation - go to:


This is an interesting angle - and one perhaps that only US citizens are able to take advantage of - as I'm quite confident this situation is NOT the normal case in most tax-raking countries.

However, given that there seems to be mounting evidence that the US federal income tax is unconstitutional - and the fact that anecdotal evidence exists to suggest that people are in fact getting away with not paying taxes - on these very grounds, the question is - "why are people paying taxes at all?"

Of course, it's a matter of education - as most taxpayers supposedly don't know their "rights" in this regard.

Now, while I have the greatest admiration for people who take on the fight at this "constitutional" level, what disturbs me is the apparent willingness to believe that a government is likely to "obey" its own constitution. The evidence to date is that the US government does NOT obey its own constitution - bending it and thwarting it at will.

The USA today is a mere shadow of its former constitutional self. All manner of freedoms have been lost - which should have been protected by the Constitution - but weren't. Witness the NRA's continuing campaign to maintain the constitutional freedom to bear arms. This one is in dire danger of being whittled down to something meaningless - as US citizens themselves bray and prattle on about the need to do "something" about all these gun-associated atrocities.

My concern is that in placing too much faith in this "you don't legally have to pay" idea - people could be exposing themselves to unnecessary risk of a government backlash. For remember one thing: governments need the money - and if people start finding ways of not giving it to them - then they will simply come up with new ways of dealing with the "problem". Including a possible reinterpretation of the Constitution.

But they don't even need to do this. They can simply come after you and put you in jail, seize your assets and leave you to rot. It's been done before - and it will be done again.

The government has the guns - and in the end they can use them. While all efforts to stop the theft that is taxation are to be applauded, one must never forget what one is dealing with here - the arbitrary force we call government. It is infinitely capable of bending the "rules" to suit its tax-raking requirements. So, if you are going to take a conscientious objector stance - my advice is to make sure you have a good portion of your assets offshore as insurance. So if the rules are changed - then you won't be left holding the baby!

Interesting Facts

The tax authorities in Europe and the USA are worried! During 1998 the "black" or "underground" economy - ie the free market of untaxed work - exceeded 15% of Europe's combined gross domestic product - up from 5% in less than 20 years. What a trend! And in the USA, the same "free" market accounts for at least 10% of US GDP. All I can say is, "They ain't seen nothing yet!". The Internet is accelerating the possibilities to avoid paying tax. More and more people are able to earn money offshore - via innovative concepts like "affiliate" programmes - where you can earn money from a variety of offshore sources and have the ensuing income sent directly to yourself or to your offshore account. What a radical idea - keeping your own money!

PS: If you'd like to know the comparative taxes in different countries, then you may be interested in "International Tax Summaries (1999)" published by Coopers & Lybrand. It covers the different kinds of taxes in about 110 different jurisdictions - and can be purchased from for $135.


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