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blackgang · 03-09-2007, 10:54 AM

Quote:

Originally Posted by kerux

Not so. Filing tax returns is voluntary. Many have been deceived into believing it is mandatory to file tax returns. The Browns, and many before them, have pointed that out very conclusively. It is when you voluntarily file and enter the system and agree/admit you owe the tax, then the IRS can legally proceed as if you owe the tax.

You go on believing that shit if you want to, I fought it every way with lawyers costing me money.

When you make $2500.00 plus a week and file an EXEMPT W 4 form and take all your pay,less FICA home it is to your advantage to beat them.

wilcopedia;;

Quote:

For years for which no return has been filed, there is no statute of limitations on civil actions -- that is, on how long the IRS can seek taxpayers and demand payment of taxes owed.[26]
For each year a taxpayer willfully fails to timely file an income tax return, the taxpayer can be sentenced to one year in prison.[27] In general, there is a six-year statute of limitations for with respect to Federal tax crimes

Quote:

The Nature of Federal Income Tax System
The Tax Scam Artist's Lie: The filing of a tax return is voluntary.
Some assert that they are not required to file federal tax returns because the filing of a tax return is voluntary. Proponents point to the fact that the IRS itself tells taxpayers in the Form 1040 instruction book that the tax system is voluntary. Additionally, the Supreme Court's opinion in Flora v. United States, 362 U.S. 145, 176 (1960), is often quoted for the proposition that "[o]ur system of taxation is based upon voluntary assessment and payment, not upon distraint.
The Truth:
The word "voluntary," as used in Flora and in IRS publications, refers to our system of allowing taxpayers to determine the correct amount of tax and complete the appropriate returns, rather than have the government determine tax for them. The requirement to file an income tax return is not voluntary and is clearly set forth in Internal Revenue Code §§ 6011(a), 6012(a), et seq., and 6072(a). See also Treas. Reg. § 1.6011-1(a).
Any taxpayer who has received more than a statutorily determined amount of gross income is obligated to file a return. Failure to file a tax return could subject the noncomplying individual to criminal penalties, including fines and imprisonment, as well as civil penalties. In United States v. Tedder, 787 F.2d 540, 542 (10 th Cir. 1986), the court clearly states, "although Treasury regulations establish voluntary compliance as the general method of income tax collection, Congress gave the Secretary of the Treasury the power to enforce the income tax laws through involuntary collection . . . . The IRS' efforts to obtain compliance with the tax laws are entirely proper.
Relevant Case Law:
Helvering v. Mitchell, 303 U.S. 391, 399 (1938) - the U.S. Supreme Court stated that "[i]n assessing income taxes, the Government relies primarily upon the disclosure by the taxpayer of the relevant facts . . . in his annual return. To ensure full and honest disclosure, to discourage fraudulent attempts to evade the tax, Congress imposes [either criminal or civil] sanctions.
United States v. Tedder, 787 F.2d 540, 542 (10 th Cir. 1986) - the court upheld a conviction for willfully failing to file a return, stating that the premise "that the tax system is somehow 'voluntary' . . . is incorrect.
United States v. Richards, 723 F.2d 646, 648 (8 th Cir. 1983) - the court upheld conviction and fines imposed for willfully failing to file tax returns, stating that the claim that filing a tax return is voluntary "was rejected in United States v. Drefke, 707 F.2d 978, 981 (8 th Cir. 1983), wherein the court described appellant's argument as 'an imaginative argument, but totally without arguable merit.'.
Woods v. Commissioner, 91 T.C. 88, 90 (1988) - the court rejected the claim that reporting income taxes is strictly voluntary, referring to it as a "'tax protester' type" argument, and found Woods liable for the penalty for failure to file a return.