IP: Time for some smiles -- "fictionnal" FAQ about the obligation to pay income taxes

[David Farber <farber () cis upenn edu>]

> From: "Jean-Francois Avon" <jf_avon () citenet net>
> To: "jf_avon () citenet net" <jf_avon () citenet net>
> Date: Sun, 12 Sep 1999 16:50:35 -0400
>
>
> Note: This message seems to also fully apply to Kanada.
>
> I added notes to the original text and they are between
> brackets    [note: ... ]
>
> JFA
>
>
> ==================BEGIN FORWARDED MESSAGE==================
> > Date: Sun, 12 Sep 1999 19:13:49 +1200
> > From: N King <standupnz () clear net nz>
> > Organization: STAND UP NEW ZEALAND
> > Subject: American but not unlike here
>
> Thanks to the sender..... this is ever so slightly US but the
> same thing is here....Just ask for the tax pack....
>
> Below is a fictional FAQ, with an honest IRS agent answering
> questions  that might be posed to them by an American
> concerned about his rights.  If such an agent answered
> questions like this on the record, he would, of course lose
> his job.  But these answers are consistent with our knowledge
> of the way the tax system works, and we can supply you with
> material that we believe will convince you of this too.  To
> learn more, contact one of our associates.
>
> Q. Why does the government violate my rights?
>
> A. It's not violating them at all.
>
> Q. Why is it then that I have money taken from my paycheck in
> violation of my right to property?
>
> A. You voluntarily signed a withholding agreement, called a
> W4, and your employer is simply following your instructions
> to withhold funds.
>
> [Tax laws seems to be private laws, apparently applying to a
> specific type of entity and not to everybody as criminal laws
> are.  Why do you have to sign your income tax form?  Maybe to
> agree to the contract that makes you become a "taxpayer"?  By
> becoming so, maybe you accept to abandon your personnal
> rights by agreeing to the terms of the contract?]
>
> [You don't have to sign a paper saying that you will not kill
> or steal or etc.  So, why do you have to sign your income tax
> return if it was a law as mandatory as the one saying that
> you shall not kill or steal? ( same applies for driving
> licence, and marriage licence, etc) ]
>
> Q. But my employer says I'm required by law to fill it out.
>
> A. It is not the government's problem if your employer is
> ignorant of the law.  It's up to you to know your rights and
> assert them.
>
> Q. But my employer says his attorney told him that the law
> requires him to withhold it.
>
> A. It is not the government's problem if your employer hires
> an attorney that does not understand the law; it is up to him
> to know his rights and to assert them.
>
> Q. But the employer's attorney says he learned it at law
> school.
>
> A. It is not the government's fault if the law school teaches
> incorrect material.
>
> Q. But the law school says it relied on advice from the
> government, to formulate its course material.
>
> A. The government never stated explicitly that all Americans
> are required to submit to withholding.  It is not the
> government's fault if the law school inferred that there was
> such a requirement; the people running the law school are
> presumed to know about rights under the law -- they are a law
> school after all -- and if they happen not to know, that's
> really too bad.
>
> Q.What about all the messages on TV and newspapers that talk
> about how people need to get their taxes in?
>
> A. We think it's wonderful that so many people feel they need
> to send us money.  But we never explicitly told anyone they
> are required by law to do so.  Our job is only to maximize
> voluntary compliance with our rules for submitting money into
> our fund.  To this end, we will say whatever will lead to
> maximizing revenue, except stating outright that people are
> required by law to follow our rules -- after all, that would
> be dishonest.
>
> Q. What about all the people you prosecute for tax evasion?
>
> A. We sent those people bills for what they themselves said
> under penalty of perjury      [NOTE: according to the
> contract that you agreed to by signing it]     that they owe
> us.  When someone sends us a statement under penalty of
> perjury that they owe us, we are legally compelled to believe
> them.  When we don't receive payment from such people, we
> forward the information to our bill collection department,
> and they do everything in their power to collect such a legal
> debt, including prosecuting anybody who wilfully evades their
> admitted liability.  After all, if we acquire a reputation
> for not being dilligent about collecting our accounts
> receivables, why would anybody pay us?
>
> Q. How can it be a liability if it's not mandatory?
>
> A. According to the Constitution, the government is not at
> liberty to impair the obligation of contracts.  The Supreme
> Court has held that if people act under what would be an
> unconstitutional statute, they must take the consequences.
> Since people are voluntarily following our taxing rules, even
> though it would be unconstitutional if made mandatory, we are
> entitled to treat it as a contractual liability.  Having done
> this, we are not at liberty to interfere with the obligation
> it creates.  The law is very specific about this.
>
> Q. Will you tell me in writing that it's voluntary and I'm
> not required to do it, so I won t get in trouble later if I
> stop paying?
>
> A. Why would we do a thing like that?  We have a good thing
> going, and we don't want to ruin it.
> =============== end forwarded message ===============