What's Wrong With the Income Tax and Income Tax System
First, it intentionally divides the population into distinct classes that are treated differently under the law, and through that different treatment of the different classes created by the tax law, all of the constitutionally guaranteed Rights to Equal Opportunity, Equal Protection, and Equal Rights are destroyed amongst the classes.
By allowing the tax law to treat the citizens non-uniformly, based on economic status, the people themselves are kept constantly at war with one another, rather than being united in common cause, and worse, the people's Representatives in Congress, in both the House and the Senate, can thereafter no longer represent the whole of the population, but rather, must choose between the classes which to represent. This insidiously engineered division of the population and its political representation is being used to surreptitiously attack and insidiously undermine the fundamental foundation of the American People's freedom.
Consider this: -
Can Congress write law that specifically commands that the poor be treated differently under the law and given fewer, or lesser Rights, than the wealthy ? (No, of course not !) And:
Can Congress write law that specifically commands that the Black man be treated differently than the White man? (No!)
Can Congress write law that specifically commands that the Man be treated differently than the Woman ? (No!)
Can Congress write law that specifically commands that the Jew be treated differently than the Christian, or the Muslim ? (No!)
Can Congress write law that specifically commands that the healthy be treated differently than the handicapped ? (No!)
Why ? - Because the law must be uniform in order to preserve Equal Opportunity, Equal Protection, and Equal Rights. Furthermore, it must not be prejudicial in either its application or operation amongst the citizenry!
So under the Constitution every minority is protected everywhere in America; - except that the one minority that the Constitution was specifically set up to protect, is not longer protected ?
What am I talking about ?
The U.S. Constitution was setup to protect the private property Rights of We the People by establishing a representative system of limited government of only specific enumerated powers; so that it would not harass our people and eat out their substance and violate the private property Rights of We the People.
The Constitution fundamentally exists to protect the basic human Rights and property Rights of all of the people, but in particular, those who owned property at the time (1786), - in other words: it was set up to protect the Rights of the wealthy !
But when it comes to constitutional tax law now, suddenly I am supposed to believe that Congress can write law that specifically commands that the wealthy be treated substantially differently than the poor ? With completely unequal Rights from here-ever-after ! As a different class of people. Engineering for the first time in our history the creation of divided classes of persons within the population, who are each treated differently, thus restructuring our society as one of class warfare, rather than one of private property and a unified representative government of We the People (ALL of us, not just one class, as the current President clearly chooses to represent).
The very concept of classes within the population that are created as a direct result of the enactment of some law, who are to then be treated differently under the law than members of other classes, for any reason, on any matter, is completely repugnant and totally anathema to the founding principles and fundamental operational precepts and concepts of the U.S. Constitution. the Constitution, of course, is built on the fundamental understanding that law, in order to be just, must treat every man the same as every other man, at all times. Thus we have the constitutional foundational principles of Equal Opportunity, Equal Protection, Equal Rights, private property, and legal Due Process, with a government of only limited powers that are specifically enumerated ! This defacto system of society we have now, composed of classes and based on class warfare, - all based on graduated tax brackets, is nothing but pure progressive socialism, straight out of the Communist Manifesto, - specifically the 2nd Plank of the Manifesto, which of course is: "A heavy progressive or graduated income tax ! Income tax is communism ! Is there anyone out there, who honestly believes that America will prosper, or that even any one class will prosper, as a result of America taking up and adopting Communism as its form of government, in place of the constitutional democratic Republic that we actually are supposed to have?
This Communism will destroy America just as it has destroyed every nation that has adopted and taken up this foolish nonsensical belief that government can manage business and its resources (and now, the planetary resources too), better than those few individuals that actually know how, and thus do, produce and increase those resources as successful businessmen, entrepreneurs, and investors ! America is a Republic, - where we have each citizen with one vote, regardless of gender, race, religion, age, or lack (or presence) of wealth, but where, there is an unassailable restriction on what is allowed to be put to a vote, by prohibiting the passage of any law that would violate the equal Rights of any single person or group, or class.
So, are we now to believe that we must give up our Rights, our private property, our equality, and our freedom, simply because a government run amok wants our money more than ever, - to continue buying the votes of the poor; to bribe the State legislatures; to feed only itself and its enormous bureaucracies, their inflated salaries and bonuses (which bureaucracies by the way represent no one, and enforce much law for which there is no real constitutional authority to write in the first place (i.e.: EPA, IRS, OSHA, DOE, FCC, DEA, DOEd., etc.). Additionally, the created, divided classes and subsequently the political representatives of each particular class, are politically set at odds with one another ideologically, instead of being able to represent the population as a whole, and in its entirety. Thus, class warfare splits the country into divided classes that are defined and created by the non-uniform graduated income tax law and its brackets, whose resultant, engineered internal philosophical conflicts within the nation, gradually completely destroy its productivity, and ultimately destroy the cohesive fabric and economic viability of the entire country, its people, and our nation.
It can easily be argued that the income tax, where applied to individuals without regard for subjectivity to any indirect excise tax or other enforceable taxing power, is fundamentally unconstitutional because the tax is neither apportioned nor uniform, as all taxes are required to be under the Constitution. By arguing that uniformity is only required under the Constitution to be geographical (rather than uniform in personal effect), as the U.S. Courts have erroneously held, and that it is therefore alleged to be legitimate to tax the wealthy at higher rates than the poor (or vice-versa if Congress so votes !), do you then open the door to Congress maybe taxing the races differently- as long as it is geographically uniform ? Could Congress tax African Americans at a higher rate than white people, as long as it is uniform in both California and New York, and everywhere in between ? How about Men and Women, can they be taxed differently - as long as it geographically uniform ? How about Muslims ? Mexicans ? Doctors ? Lawyers ? Christians, white people ? What can't they do, and why not ?
Which legal principle controls, Equality of Rights or geographical uniformity ?
If you can tax the wealthy and the poor differently, as different classes of persons, why couldn't you do it based on any of these other groups differences ? As long as it was geographically uniform, I mean ?
You can't do it because the Constitution prohibits the violation by law of the principles of equal opportunity, equal protection, and equal rights, That's WHY ! The whole graduated income tax system is a socialist FRAUD perpetrated on the American People by insidious politicians pursuing the replacement of the constitutional form of government, with the offensive and repugnant communist socialism we all suffer under now ! We just ignore that constitutional reality when it comes to treating the wealthy differently under the tax law ! Why ? Because everybody wants to get the wealthy (don't they - the class politicians certainly think so - why else would they write the law the way they did? I mean, if they weren't adopting communism ?). Yea, get the wealthy ! The wealthy are evil, and have to be punished, and forced to carry their unequal share of the national load, - because people like Bill Gates and Warren Buffet would never give up, or give over, the results of nearly their entire lifetime's work and most of their personal assets, to help other human beings, would they ???? These are the individuals whose charitable donations are so large, that they are doing more to improve the human condition on this planet earth, both social and medical, than all of the collective governments' efforts combined !
The income tax is fundamentally unconstitutional when applied to individuals, as there is no uniform and equal treatment of the people within the classes engineered by the tax brackets. Which are fundamentally repugnant to the principle of Equal Rights ! The government can certainly do that graduated bracketing to the corporations that are subject to the excise on income (based on the privilege they enjoy in being allowed to exist as a corporation), and they can do it to the foreign non-resident aliens whose earnings and income are subject to the collection of the tax at the source by the Subtitle A Withholding Agents, as I have previously discussed, but they cannot constitutionally do it to the American citizens, who must be treated equally under the law at all times. Any law that commands there be unequal treatment of We the People based on some legislated class distinction, is fundamentally, philosophically, unconstitutional !
The income tax, of course, is neither apportioned, nor uniform, - but rather is graduated - which is not in the constitution, but is in the Communist Manifesto ! That alone should be sufficient to tell you this system of taxing income is communistic, which is irrefutably repugnant to, and violative of, the U.S. Constitution and its founding principles of private property and individual freedom.
Of course, ultimately, the rich mostly avoid the tax by planning machinations, like incorporation, trust formation, offshore operation, etc., that are generally not available to the common man to utilize. Therefore the weight and burden of the tax falls mostly on the middle and lower classes, who as the individual person, are not allowed to deduct their expenses as a "basis" from which the tax is calculated, and from whom the tax is collected by withholding at the highest rates. Therefore every penny of the people labors are improperly wrongfully converted to allegedly taxable income. The corporations on the other hand, as the corporate person, can deduct absolutely every little penny they spend on every inflated expense they can dream up - rent, meals, phone, transportation, utilities, bonuses, everything gets deducted ! So of course, there is very little profit in the form of income, left to pay tax on at the end of the year. So the corporations, the original intended subjects of the tax, nearly escape the tax completely. The individual person on the other hand, wrongfully has every penny of their earnings derived from labor, treated directly as profits and income to tax ! So even with the simple application of the law to persons (corporate and individual)¸ we already have this substantially different treatment under the law of the income earned by the different persons (corporate and individual) within the system ! That sounds awfully prejudicial and discriminatory to me !
The tax of course is not fixed in law, being both arbitrary and capricious in its defacto application, engineered out of an unlawful process of judicial legislation, where socialist minded judges usurped legislative authority and took it upon themselves to re-write the tax law wherever necessary in order to sustain the defacto application of the tax as a tax on all labors and earnings of all persons in the country, rather than a tax on just those persons and activities actually made subject by law to the indirect powers to tax by impost, duty, and excise, - i.e.: certain taxable activities that are subject to those indirect taxes !
And, there is no real statutory foundation to support the current enforcement operations used for the enforcement of an allegedly direct tax without apportionment, because of the irrefutable absence of any enabling enforcement clause as part of the 16th Amendment that would impart to Congress any constitutional authority to write law to enforce any tax on income based on the Amendment !
Of course the actual details of the tax, and for its enforcement, are not understood at all, nor are they even vaguely well known by the general population, who are of course mostly ignorant of the written law, and are therefore taken advantage of, through their ignorance, in a defacto application of the law. The current income tax system undermines and economically attacks the individual citizens, and over-empowers the government and the IRS. It is destructive of the motivation of the individual to work, and the corporation to show profit, because working harder does not result in greater returns because the graduated tax takes more, when more is made, so why bother ? And, the tax of course, doesn't adequately fund the government. We are trillions in debt, and more every day. It doesn't raise sufficient revenues - thus forces endless borrowing by the government, - thus the national debt.
It is arbitrary and capricious in application and enforcement because the employees of the IRS don't really know the law, and thus, pick and choose upon whom they will enforce it against, and then, they only do what they are taught to do, while ignoring the plain and clear language of the law whenever it is called to their attention that their actions do not appear to be in accordance with what the statutes actually provide.
The law is complex and confusing, - over 2000 pages, where no two readers (or accountants) see the same thing in the law. 10 different accountants or tax experts will give you 10 different bottom lines for the amount of tax owed for a non-complex return situation. Therefore one could easily argue that the law is VOID for vagueness.
It's an egregiously expensive system to bear - billions of dollars and millions of man-hours are expended in its administration all over the country, and countless business possibilities are never undertaken or pursued - "for tax purposes". Additionally, 4% - 10% of all corporate revenues today are expended by the corporations trying to arrange the business specifically to avoid as much tax as possible, and to not have as much earnings and profits as may actually be possible.
The system, and the IRS enforcement, is both historically and inherently, abusive; it wastes precious resources and coerces behavior associated with communism, not Freedom, and certainly not in accord with the principles of a private property or a limited, representative government ! The tax system is, in fact, not only just unproductive, it also is completely destructive of national productivity. It pits the government and the corporations against the population, destroying representative government for the People, - as it is now sold to the highest corporate bidder !
It promotes being ruled by the government, instead of being represented. It hinders business and planning. It hurts the economy by removing the wages of the citizens from the stores of the local communities, townships, cities, counties, and entire States of the Union. And, it de-motivates the corporations to show any profits or have profitable operations every year. Instead, using the earnings to lobby Congress (now a deductible expense) for favorable law. The tax works only to grow the government and corporate bureaucracies, which produce nothing, and consumes precious national resources without any real or meaningful return on the existence or the expenditures.
It's communistic, not constitutional (because it is enforced as a direct tax rather than the indirect tax it is).
It disconnects the population from making investments in the companies (who are without meaningful profits), and from investments in building a better societal future. It sets loose an army of petty bureaucrats to prey upon the people to deplete and eat out their substance in the name of tax only. i.e.; as stated in the Declaration of Independence as a cause for separation: "...sent hither swarms of Officers to harrass our people, and eat out their substance."
It repeatedly results in confrontations between the government and the represented people, sometimes violent, where the People are not represented by the government, but rather, are attacked and robbed by it ! Just like the days of King John and Robin Hood ! The whole thing is a constitutional fraud. It is completely destructive of the constitutional system of private property, equal opportunity, equal protection, equal rights, due process, limited government, specifically enumerated powers; -everything is thrown in the garbage can in order to justify the IRS' enforcement of the unconstitutionally direct income tax that is enforced in place of the legitimate indirect tax, whose collection at the source it should be enforcing instead ! And of course, the IRS is now being politicized by the Obama administration, and used as a weapon against political and philosophical opposition to its administrative policies and actions, - to intimidate and squelch free speech, legitimate grievance, and all philosophical or political opposition, - thus destroying representative government and putting in place the "State" (read "Obama") as DICTATOR and ruler, rather than as a Representative of the entire body of We the People !