Tax Code Researcher Argues Direct Taxation is Unconstitutional
Submitted by C. Fenner Goldsborough
The so-called FLAT TAX that has been proposed by several of the current, Republican presidential candidates is one of two different types. The first and most frequently proposed type is a so-called “income”, meaning, in the generic or ordinary sense, a “receipts” tax on virtually all monies earned by our citizens. These proponents would authorize our government to directly and UNCONSTITUTIONALLY (in violation of Article 1, Section 2, Clause 3 and Article 1, Section 9, Clause 4) tax all wages, salaries and other earnings of all working Americans. Proposed rates would vary between 15 and 25% of what its proponents incorrectly refer to as “income”, despite the fact that both our Constitution and the statutory law in the I.R. Code forbid any such direct tax on the wages, salaries or other earnings of our sovereign state citizens.
The other, less-frequent proposal of a flat-rate consumption tax would be a new, also unconstitutional, unapportioned, direct federal sales tax on almost all purchases which would be added to the 5% or 6% state sales tax that currently applies in most states to purchases of almost everything except food and labor. The fact that several presidential candidates have openly bought into the IRS’ effective-propaganda lie that our citizens’ earnings are income-taxable because of the Sixteenth Amendment creates a likelihood that most of the other candidates might also support either a replacement, unconstitutional, federal, flat-rate income tax or an equally unconstitutional flat-rate consumption tax.
The indisputable fact that such proposals would be unconstitutional doesn’t seem to concern the FLAT TAX presidential candidates because their proposals incorrectly presume that, because the current graduated income tax was authorized by the Sixteenth Amendment the proposed alternative flat taxes (income or sales) must also be constitutional. This presumption is NOT TRUE as we in the TAX HONESTY MOVEMENT and as this letter and the attachments included herewith prove beyond a shadow of a doubt. The Internal Revenue Service, acting as they do as an admittedly masterful propaganda organization, has deceived and bamboozled the American public, and some lawyers and most accountants as well, into either believing, or at least accepting, this IRS lie for over 102 years since passage of the Sixteenth Amendment in 1913.
Even a superficial examination, however, of not only the Constitution but the current, statutory law embodied in the Internal Revenue Code along with a host of Supreme Court and appellate court decisions all prove that any such taxation of American sovereign, state citizens on their wages, salaries or other earnings has ALWAYS been prohibited by our Constitution, and is also not authorized by the Sixteenth Amendment. We in the TAX HONESTY MOVEMENT, through careful research, have uncovered the truth about the IRS’ effective deception and trickery which has caused the vast majority of working Americans, through fear of the IRS, to volunteer themselves, by filing returns, into an improper legal status of “taxpayer”, which is a defined term in the Internal Revenue Code that is not applicable to sovereign, state citizens on their wages, salaries or other earnings by their own endeavors.
For a full history of the widely-misunderstood, limited authority in the Sixteenth Amendment, please access by attachment to this letter a five-page document THE LIMITED MEANING OF THE SIXTEENTH AMENDMENT. I would like to recommend that you take advantage of the information contained not only in this letter but also in the detailed addendum referenced above to educate yourself on this vitally important subject. By so doing, you will understand that the obvious and correct remedy to the continuing misapplication by the IRS of the taxing limitations in both our Constitution and the statutory law against the earnings of sovereign, American, state citizens is for our next president to force the IRS, as is his executive duty, with the aid of our Congress and our judiciary (and primarily our Supreme Court), to publicly acknowledge their long-standing misapplication of the law against the earnings of 200 million working Americans.
Consider also the incredibly positive stimulus to our failing economy such billions in taxes not owed would be as these multi-billions saved by our citizens were spent or invested in the marketplace! As a candidate for our nation’s highest office, your support of this positive, needed change would provide for you a huge advantage over all other candidates who were not aware of its dire need. Over 200 million working Americans who just got your promise of a BIG raise might very well thank you profusely by supporting your nomination and your election in November, 2016 to the benefit of the entire nation!. Please study and understand the truth of these allegations and the HUGE, positive election opportunity they offer you RIGHT NOW in your current campaign!
Yours very truly,
C. Fenner Goldsborough
Thomas Jefferson said, in agreement with Holy Scripture in Matthew 17:25 & 26:
“A wise and frugal government which shall restrain men from injuring one another…shall not take from the mouth of labor the bread it has earned. This is the sum of good government.”
“If a law is unjust, a man is not only right to disobey, he is obligated to do so.”
“Two Enemies of the People are criminals and government, so let us tie the first down with the chains of the Constitution so the second will not become the legalized version of the first…”
“And ye shall know the truth and the truth shall make you free.” John 8:32 (KJV)
C. Fenner Goldsborough is the author of Super Scam: Megafraud in the Misapplication of the Income/Excise Tax. He is a former chairman of Free State Constitutionalists, a Baltimore, Maryland-based organization dedicated to education of the public on the taxing authorities and limitations of the U.S. Constitution and the Internal Revenue Code; in particular its violations by the Internal Revenue Service. A retired general insurance broker born and raised in Baltimore Maryland, Mr. Goldsborough presently resides in Northern Michigan.