OCCOM BILL wrote:
My memory was a bit faulty, sorry. This
appears to be a summary of his arguments.
Read the Facts and Judge the Truth for Yourself:
The original Constitution prohibits the Congress from laying a DIRECT (income) tax on the People unless it is in PROPORTION to the states (the last census).
Fails to address the issue that the constitution has been amended which makes what the original Constitutution said moot. The original constitution said slaves were only 3/5 of a person and slaves were not freed until the
Our income tax conflicts with the original constitution: it is a DIRECT tax (the Supreme Court and numerous federal courts have declared it so) and it has not been laid in PROPORTION to the States.
It's called the 16th amendment.
The IRS (and the New York Times) say our income tax, although DIRECT and UNAPPORTIONED, is constitutional because the 16th Amendment did away with the original requirement that all DIRECT taxes must be in PROPORTION to the states.
The courts say that too.
The courts have ruled that Bill Benson's argument is not a valid argument.
When Mr. Benson took his charge of FRAUD to federal court, the court declared that it was a political question for Congress to decide. (Editor's note: Since when is fraud a political question?).
Actually the 7th District appeals court said in 1991 in US v Benson..
"As the district court noted, we have repeatedly
rejected the claim that the Sixteenth Amendment was
improperly ratified. See, e.g., United States v. Foster,
789 F.2d 457, 461-63 (7th Cir. 1986); Thomas, 788 F.2d
at 1253; United States v. Ferguson, 793 F.2d 828, 831
(7th Cir. 1986); Lysiak v. C.I.R., 816 F.2d 311, 312 (7th
Cir. 1987) (per curiam). Accord United States v. Sitka,
845 F.2d 43 (2d Cir. 1988); United States v. Stahl, 792
F.2d 1438 (9th Cir. 1986). [**24] One would think this
repeated rejection of Benson's Sixteenth Amendment
argument would put the matter to rest."
The Congressional Research Service immediately declared Benson's charge of FRAUD to be a question for the courts.
Which the courts have answered and will no longer hear arguments on because it has been answered repeatedly.
Benson spent over 400 days in jail finding out this wasn't true.
The current income tax law does NOT apply to most Americans.
Another argument that has been soundly rejected by the US courts whether the claim was it only applies to the DC area or residents of states are not residents of the US.