Date: Fri, 14 Apr 2000 14:57:24 -0700
From: apfanning@psn.net ("Alan Fanning")
Subject: [lpaz-repost] Some Encouraging Words on the Income Tax 
To: lpaz-repost@onelist.com ("lpaz-repost")

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Friday, April 14, 2000



The license to pry by Alan W. Bock

It shouldn't be difficult around this time of the year -- the IRS having made the Ides of April a more piquant source of dread than the Ides of March that carried cultural eight back when schoolchildren read Shakespeare -- to build on resentment of the Internal Revenue Service and the income tax. The question is what kind of reform might be most appropriate to reduce the most socially damaging aspects of the income tax. The first is that meeting the demands of "voluntary compliance" makes a slave -- in the sense of somebody forced against one's will to undertake chores he or she would rather not do -- of everybody. I don't know about you, but my mama didn't raise me to be an accountant. But to comply with IRS demands, I am forced to spend at least part of my life doing accounting work, even if I pay somebody else actually to fill out the form. Whether it's time spent in unpleasant activity or money spent getting somebody else to do it, it amounts to forced labor.

But that is far from the most socially damaging aspect of the income tax. How do we count the ways a tax on income sets person against person and wreaks havoc on the social fabric?

By definition, a tax on income must be enormously intrusive. Since the definition of "income" is not immediately obvious (in philosophy or in the tax code), a tax on income, whatever it is, must give bureaucrats and tax collectors license to poke around in the most private aspects of your life. Things about your life that you would not share with your closest friends or perhaps even your spouse -- not because of any shame but because human beings seem to need at least some small sphere of privacy -- are routinely demanded of you by the IRS.

Was the $100 you won at a neighborhood poker game "income" or not? It shouldn't be any of the government's business whether you played in a poker game, let alone whether you won or lost. But if you're taxing income, no area of life is too private to be probed, because almost every interaction with another human being can involve the exchange of money or of something that could e valuated in monetary terms. So just in the process of determining the amount of income on which you will be taxed the government comes to believe it can ask you any questions about anything you have done -- and forget any presumption of privacy, let alone a presumption of innocence.

To probe all those private areas of our lives, the income tax has led to the creation of what is probably the most powerful and unaccountable bureaucracy in the world, with extraordinary license (I have my doubts about genuine authority even under U.S. law) to impose punishment through civil actions, where procedural guarantees given to run-of-the-mill criminals do not apply. It is hardly surprising that this power is sometimes abused. The miracle would be if it were never abused.

The license to pry into the most private areas of people's lives and the necessary intrusiveness of a tax on income are the main reasons the income tax really should be repealed -- eliminated, flushed down history's memory hole. And while I have sympthy for those who believe it could be replaced by a national sales tax, which would be less complicated and less intrusive to collect, I continue to believe the bottom-line position for anyone who is even mildly fond of liberty is that the income tax should be repealed and replaced with nothing.

Typically, the income tax supplies about a third of the money the national government collects over the course of a year. I haven't run the numbers lately, but in 1992, you would have had to go back only to 1986 to pinpoint the year when the federal budget was one-third less. Can anybody begin to make a case that the federal budget was not bloated and excessive six years ago? Especially when the government is running nominal surpluses, it shouldn't be that hard to make the case that the national government could get by with 67 percent of what it is spending now. I might even give them a five-year transition period to get used to the idea.

While the case for lower spending to "pay for" (as the statists always put it when somebody talk about spending less than the max imaginable on some program) eliminating the income tax is strong enough intellectually and economically, however, it hasn't been made often enough or forcefully enough to be politically viable -- yet. Thus the impulse to replace the money the evil income tax brings in with a relatively benign sales tax.

There are also those who argue that when the government talks about "voluntary compliance" that's what the law actually means and those who claim it's required are blowing smoke and conducting one of the more successful campaigns of deception and intimidation in human history. Irwin Schiff is out of jail and conducting seminars on how to put the "voluntary" back into voluntary compliance.

I suspect Mr. Schiff is right, from the standpoint of legal analysis and the Constitution. But my observation over the years is that the government will tolerate people demanding that it follow its own laws itself only up to a point, and then it will commence conspicuous unishment to scare others away from asking inconvenient questions or asserting uncomfortable (to bureaucrats) rights.

Irwin Schiff was almost certainly put in jail illegally some 10 years ago, as I argued at the time, and the government has not put his legal theories to the test by charging him with failing to comply with federal tax laws. But it did find a way to get him into jail. When tax resistance groups (especially those that rely on legal analysis or the constitution) get big enough to be a nuisance, the government finds ways to slap them down. That's one reason my own preference would be for the almost universal hatred of the income tax to work its way through the political process leading to open and outright repeal of the income tax and preferably of the constitutional amendment that authorized it as well.

In his book "The Federal Mafia," Schiff also discusses a reform less drastic than repealing the income tax. Section 6331 of the IRS code, enacted when a temporary income tax was imposed during the Civil War and never repealed, even when the tax itself went away. It's pretty awesome in scope:

"If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary (of the Treasury) to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to any such person. ... The term 'levy' as used in this title includes the power of distraint and seizure by any means."

There you have it. The government can seize any or all of your property by any means necessary if you disagree about how much tax you "owe." There must be a better way in a country that was founded on the idea that citizens have certain rights that government must respect at all times.

The power to seize by any means necessary means, both in theory and in practice, that the IRS does not need a warrant, a court order or any other procedural safeguard of the rights of the taxpayer being assaulted -- which means in fact that a taxpayer accused of reneging on his enforced "debt" has no rights at all. How unreasonable is it to suggest that taxes be collected in ways that respect the rights of taxpayers at least to the extent that the rights of people accused of having committed a crime are respected? If Section 6331 were repealed, the IRS and Congress might have to come up with constitutional ways to collect taxes. That in turn would be a spur to genuine internal reforms in the IRS.

We might not be quite ready to repeal the income tax, even to replace it with a sales or consumption tax. But unless I misread, even in this time of prosperity, when people are less inclined to be politically discontent, there's enough restiveness that the income tax's days are numbered. We had mainstream candidates in major parties calling for its elimination this year. I can remember when only those willing to be labeled hopeless kooks said such things.

As we get closer to success, resistance is likely to stiffen. So those offended by the assaults on human liberties and American traditions that the income tax invites should be prepared for a long and difficult struggle.


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