Tax Protester Statutory Arguments

Tax Protester Statutory Arguments

Tax protesters in the United States make a number of statutory arguments that the assessment of the federal income tax in the United States violates the statutes enacted by the United States Congress and signed into law by the President. Such arguments generally claim that the statutes fail to create a duty to pay taxes, that such statutes do not impose the income tax on wages or other types of income claimed by the tax protesters, or that provisions within the statutes exempt the tax protesters from a duty to pay.

These kinds of arguments are distinguished from related constitutional arguments and general conspiracy arguments. Statutory arguments presuppose that Congress has the constitutional power to assess a tax on incomes, but that the Congress has simply failed to impose the tax by statute. Supporters of such arguments may or may not be inclined to contend that constitutional and conspiracy arguments apply as well.

The courts that have been presented with such arguments have ruled them to be spurious, unpersuasive, frivolous, or all three.

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Tax Protester Statutory Arguments - Arguing The Law in Court
... One contention by some tax protesters is that a taxpayer should be allowed to introduce, as evidence in court, copies of statutes, cases or other materials to persuade the jury about what the law is ... Examples of applications of this rule in tax controversies are United States v ... In a criminal tax case, a taxpayer is allowed to present evidence about what the taxpayer believes the law to be—but only in an attempt to demonstrate, as a defense ...

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