||Isn't it "unchristian" of us not to pay our taxes?
There are two places in the New Testament where Jesus talked about paying
taxes. One is in Matthew 18, where evil people tried to trap Jesus and He said to
"Give back to Caesar the things that are Caesar's and to God the things that are
God's." My publisher points this out in the preface of my book.
The second place in the New
Testament where this issue is addressed is Matthew 17, verses 25-27 and to my mind this is
even more telling. In this passage, Peter is questioned about whether Jesus pays taxes, in
this case a temple tax. Before Peter could ask Him about it, Jesus asks Peter a question.
He asks "From whom do kings on the earth collect tolls or tributes? From their own
subjects, or from foreigners?" When he said, "From foreigners," Jesus said
to him, "In that case, the subjects are exempt. However, so that we dont offend
them, go to the sea and throw in a hook. Take the first fish that comes up, open its
mouth, and you will find a coin. Take it and give it to them for me and you."
Now I don't know how more clear
anyone can make it. Taxes are to be collected by those in authority from people other than
the citizens, which are exempt. I find it interesting that so as not to offend, Jesus told
Peter how to go pay the tax for both of them.
This website is about following the
law of the land, which says FIRST OF ALL that you cannot be required to testify against
yourself, and a tax return certainly makes you do that. And we must follow the Fifth
Amendment first. Paying taxes, or not paying taxes--that would be a separate issue which
is not discussed in my book.
What would happen to the Federal
government if no one paid their income taxes?
to 1913, we didnt have a personal income tax. It wasnt needed then. It
isnt needed now. Corporations were taxed then, as now. In fact, a personal income
tax was attempted during the Civil War. The Supreme Court declared it unconstitutional.
And there is some question as to whether the 16th Amendment, which authorized
an income tax, was ever properly ratified anyway. The reality is that 5% of the people in
this country pay more than 50% of all the federal income taxes collected. Do you know what
would happen if all that money went into business, instead of into the government?
Wed be creating even more jobs and the companies would be paying even more taxes
than the people do. Its basic economics, but try to tell Congress that!
Isnt it a crime to willfully
fail to file tax returns?
Yes, but the question
isWhat is willful failure to file? Section 7203 of the IRS Code states that the
IRS may prosecute people who willfully do not file tax returns. Congress was
very careful to make the aspect of willfulness important for the crime because
the tax system is so complicated.
In 1991, a fellow named John Cheek took the
issue of proper and adequate jury instructions relative to willfulness up to
the Supreme Court. The Cheek case is very important because it means that individuals who
rely on attorneys and other professionals in making their decisions about this complex tax
system are entitled to inform the jury as to the extent of their reliance.
It also means that the jury must be
instructed to view the defendants actions subjectively, not objectively. In other
words, the juror has to put his own pre-conceived notions aside of whether or not the
juror believes everyone must file.
The jury has to get inside the
defendants head and try to determine if he really believed, based on the
defendants own research and the advice of the attorneys he consulted, that he acted
in good faith, and truly believed that his research in toto indicated that he was not
required to file. When it can be shown that ones actions were based on a good faith
reliance on professional advice, the element of a willful violation of the
law, essential for a conviction, is conclusively eliminated.
It is apparent to me that the Cheek case
destroyed the ability of the IRS to prosecute individuals for willful failure
to file who have followed the procedures outlined in this book.
||Are books and records exempt from the Fifth Amendment
Books and records are not protected.
If people admit to having books and records, they waive their fifth amendment rights to
them. By taking the fifth in regards to books and records, you do not have to admit even
to having them, even with a subpoena.