November 24, 2013
Episode 68: Colin Derek, Russ Thompson, Steve Scott
Tonight’s guest is our good old friend, Russ Thompson!! You won’t want to miss!!
Tonight’s guest is Lance from South Carolina!! The discussion will be on the IRC and the 16th Amendment to the United States Constitution.
“The revenue laws are a regulation of tax assessment and collection, they relate to taxpayers and not to Nontaxpayers. The latter are without there scope. No procedure is prescribed for Nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them (Nontaxpayers) the congress does not assume to deal, and they are neither the subject nor the object of the revenue laws” -[Economy Plumbing and Heating V. U.S. , 470 F.2d 585, at 589 (1972)]
“Income within the meaning of the 16th Amendment and the Revenue Act means, gain … and, in such connection, gain means profit… proceeding from property severed from capital, however invested or employed and coming in, received or drawn by the taxpayer for his separate use, benefit and disposal.” – [StapleSos v. U.S., 21 F Supp 737 U.S. Dist. Ct. ED PA, 1937]
“The claim that salaries, wages, and compensation for personal services are to be taxed as an entirety and therefore must be returned by the individual who has performed the services which produce the gain is without support, either in the language of the Act or in the decisions of the courts construing it. Not only this, but it is directly opposed to provisions of the Act and to regulations of the U.S. Treasury Department, which either prescribed or permits that compensations for personal services not be taxed as a entirety and not be returned by the individual performing the services. It is to be noted that, by the language of the Act, it is not salaries, wages, or compensation for personal services that are to be included in gains, profits, and income derived from salaries, wages, or compensation for personal services.”
– [Lucas v. Earl, 281 U.S. 111 (1930)] –
“… whatever may constitute income, therefore, must have the essential feature of gain to the recipient. This was true when the 16th Amendment became effective, it was true at the time of Eisner v. Macomber Supra, it was true under Section 22(a) of the Internal Revenue Code of 1938, and it is likewise true under Section 61(a) of the I.R.S. Code of 1954. If there is not gain, there is not income … Congress has taxed income not compensation.”
– [Conner v. U.S., 303 F Supp. 1187 (1969)]
‘Income’ has been taken to mean the same thing as used in the Corporation Excise Tax Act of 1909 (36 Stat. 112), in the Sixteenth Amendment, and in the various revenue acts subsequently passed. Southern Pacific Co. v. Lowe, 247 U.S. 330, 335 , 38 S. Ct. 540; Merchants’ L. & T. Co. v. Smietanka, 255 U.S. 509, 219 , 41 S. Ct. 386, 15 A. L. R. 1305.
Excise taxes are taxes “laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges.” Flint v. Stone Tracy Co., 220 U.S. 107, 31 S.Ct. 342, 349 (1911); or a tax on privileges, syn. “privilege tax”. [Blacks Law Dictionary]
The Corporate Tax Act of 1909 (36 Stat. 11, 112) imposed an indirect excise tax on corporations, imposed on the privilege of doing business in corporate form, and to be measured by the amount of corporate income (gains and profits) earned in the taxable period (year) by the corporation.