Personal rights opposing the good of all is at issue. The United States, having painted itself into a corner, is utterly incapable of finding a reasonable solution.
I wrote the Attorney General of the United States a letter advising him that federal income tax was unconstitutional. It was equivalent to Moses telling Pharaoh to let his people go. The Attorney General didn’t see it my way. I don’t have a constitutional right to challenge the income tax. The law places the IRS in charge of my tax.
As to the constitutionality of federal income tax, I had read Flast v. Cohen, a taxpayer challenge. The Supreme Court: “As we understand it, the Government’s position is that the constitutional scheme of separation of powers, and the deference owed by the federal judiciary to the other two branches of government within that scheme, present an absolute bar to taxpayer suits challenging the validity of federal spending programs. The Government views such suits as involving no more than the mere disagreement by the taxpayer ‘with the uses to which tax money is put.’ According to the Government, the resolution of such disagreements is committed to other branches of the Federal Government and not to the judiciary. Consequently, the Government contends that, under no circumstances, should standing be conferred to federal taxpayers to challenge a federal taxing or spending program. An analysis of the function served by standing limitations compels a rejection of the Government’s position.”
The Supreme Court found that taxpayers, if they meet standing requirements, they have the right to be heard on constitutional issues. In Flast, the taxpayers, a group of people who maintained government could not give taxpayer money to church schools, did not have personal stake in the outcome, in that they individually only paid a few pennies to the subject tax.
In my case, the IRS had “mistakenly” taxed me more than I could legally be taxed and had “mistakenly” ignored a tax court order that corrected said mistake. In fact, the IRS had illegally put me on the street. The U. S. Court of Appeal for the Ninth Circuit had rejected my claim. The Supreme Court rejected my claim without a word. I took the court record to The Palm Beach Post.
The newspaper put a reporter on the case. He got a confession from the IRS that it had been mistaken numerous times. A front page story appeared, the IRS eating crow. As far as income tax policy is concerned, it didn’t change anything.
Should IRS admission of wrongdoing change the way government does business, even if I were put on the street? Does the good of all count for more than my personal rights? My personal rights apply to everyone’s, which government is out to eliminate. It is either this government and no rights, or freedom and a new government.
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