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April 15: Damned if you Do or Damned if you Don't?

by Martin Truther on Monday, April 4, 2011 at 3:56pm


Dear Martin,

I wonder what is up with our friend. she incorrectly boasts that taxes don't have to be paid, and then when i ask her why, she deflects the question saying she has to go to work. I wonder how many years someone can get away with not paying taxes before the IRS shows up at their door?  I would imagine there are tax fraud lawyers who make the same claim to snare unsuspecting victims. - S.A.

Dear S.A.,

Setting aside the fact that the IRS has yet to come after GE for not paying taxes for many years, let's suppose that corporations may be persons when it's convenient for them, but that persons cannot receive the preferential treatment of corporations nearly so easily.

Our friend is probably among those who would say the 16th amendment was never properly ratified and therefore there is no constitutional basis for a non-apportioned (income) tax.  She might be right about that (technically, see "America: Freedom to Fascism" documentary by Aaron Russo), but, as you suspect, the IRS doesn't take such assertions lying down and it is unlikely that people who are not corporations would not have to face some serious consequences down the road if they followed her advice/example.

On the other hand, it is also illegal to be an accessory to murder, and, some would argue that paying taxes to fund illegal and unconstitutional wars that kill hundreds of thousands to millions of people is to be an accessory to war crimes like genocide and mass murder.  Although you're more likely to get away with such crimes since there is no enforcement behind it, it could be argued that one is "damned if you do and damned if you don't" and, therefore, if one has to choose which law to break, it becomes an interesting dilemma.  

For the Judeao-Christians, there is a religious commandment, "Thou Shalt Not Kill" which is rather straightforward.  It doesn't say, "Thou Shalt Not Kill, unless Uncle Sam says so", nor does it say, "Thou Shalt Not Kill, but It's okay to hire other people to do your dirty work for you."   Since there is no commandment that says, "Thou Shalt Not Fail to Pay Your Taxes", the choice is fairly clear for religious people who take these commandments seriously.

From a practical point of view, however, the decision to not pay taxes is often penalized and prosecuted and assets get seized by the IRS.  On the other hand, participating in the murder of innocent civilians by paying taxes, much of which fund various military and war-related purposes is not prosecuted in the U.S. or even abroad, so far. 

So, things go a lot easier from a practical point of view for people who are okay with being accessories to war crimes, or as prophet-Sir Paul McCartney phrased it, "Live and Let Die"

I have no opinion personally and wouldn't say if I did, because said opinion might be construed as advocating illegal actions by certain people without any sense of humor that they're aware of.   I'm not qualified to and do not offer legal or tax advice.  You should seek professional help if you're pondering what you yourself should do regarding taxes.  I would however suggest it would be smart and probably ethically preferable  to restructure your financial resources so as to minimize your tax obligation, at least until peace breaks out.

Beware the ides of April!

Martin Truther

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