Second Circuit Keeps It Short And Sweet

[Gregg]

Not to put too fine a point to it, but in fact all the 16th Amendment did was clarify the argument about what today would be certain kinds of capital gains. What now "wages, tips and other compensation" was never at issue in the case that led to the adoption of the 16th Amendment. The fighting at the time was over I believe rents collected,the issue was if taxing such rents was in fact a direct tax on the property that was for hire.

Taxing your pay from the day job was never seriously challenged until much later in history, I think the first time it was raised in a court of law may have been after WWII.

[Gregg]

Is it just me or is the board a little wonky lately. When I went to edit my grammar (oops) in the last post, it doesn't show the prior post in the dialogue box, which I've also noticed when I try to use the quote button for the last week or so.

[LPC]

could all who are stating that wages are taxable income to the regular worker , look up in black laws dictionary 6th edition the definition of "labor".

Sorry, but the Constitution of the United States, and the Supreme Court decisions applying the Constitution, are the Supreme Law of the Land, and not Black's Law Dictionary.

I will not entertain any more blog pertaining to this issue,

That's okay. All your blog are belong to us now.

but i will look forward for the explaination of the black laws definition of "labor."

Don't know what that definition is. I've been practicing law for more than 34 years and I've never owned a copy and, as far as I can remember, have never looked at it.

Here's the definition from the on-line version of Black's:

1. Work; toil; service. Continued exertion, of the more onerous and inferior kind, usually and chiefly consisting in the protracted expenditure of muscular force, adapted to the accomplishment of specific useful ends. It is used in this sense in several legal phrases, such as “a count for work and labor,” “wages of labor,” etc. “Labor.” “business,” and “work” are not synonyms. Labor may be business, but it is not necessarily so; and business is not always labor. Labor implies toil; exertion producing weariness; manual exertion of a toilsome nature. Making an agreement for the sale of a chattel is not within a prohibition of common labor upon Sunday, though it is (if by a merchant in his calling) within a prohibition upon business. Bloom v. Richards. 2 Ohio St. 387.

Okay, so what. What is it in the above definition that you think supports the idea that Congress can't tax payments for labor?

[LPC]

Another hint, 1 thought,1 sentence, with a period and a space after it.

Carriage returns, with blank spaces between paragraphs, are also appreciated.

Easier to read.

[Dr. Caligari]

to answer a question i have taken this action to court

Truth, you are Adam Zuckman?

[wserra]

For those interested, here is Zuckman's complaint. Judge Garaufis quickly dismissed it, granting the defendants' 12(b) motions in short order. As you can see from the complaint, Zuckman attempted to sue his employer (the NYC Transit Authority) for honoring the IRS levy, as well as the govt for asserting it.

The judge did, however, deny the govt's motions for monetary sanctions and a declaration that Zuckman is a vexatious litigant. TWO VICTORIES!

[Gregg]

Another hint, 1 thought,1 sentence, with a period and a space after it.

Carriage returns, with blank spaces between paragraphs, are also appreciated.

Easier to read.

It was the darned Jesuits who taught me, for the most part.

[JamesVincent]

Another hint, 1 thought,1 sentence, with a period and a space after it.

Carriage returns, with blank spaces between paragraphs, are also appreciated.

Easier to read.

It was the darned Jesuits who taught me, for the most part.

Sheesh, you all expect a lot out of a drive-by irrational ranter dontcha?

[LPC]

to answer a question i have taken this action to court

Truth, you are Adam Zuckman?

Good point. It would explain a lot.

[The Observer]

It was the darned Jesuits who taught me, for the most part.

I just hope they didn't do to you what Voltaire claimed they did to him.

They forced Greg to learn Latin and Greek?

[Dr. Caligari]

to answer a question i have taken this action to court

Truth, you are Adam Zuckman?

Good point. It would explain a lot.

Read the Complaint filed in the district court. It's the same guy.

[wserra]

Read the Complaint filed in the district court. It's the same guy.

Agreed.

[Gregg]

No greek, but enough latin for me to get into a good bar fight in 3rd century Rome.

[wserra]

Mr. Zuckman apparently has some difficulties telling the difference between things that work and things that don't. He keeps attempting the latter.

A quick records search shows that, over the last few years, he has repeatedly filed UCC-1s on himself, calling himself both "Debtor" and "Secured Party". He has repeatedly attempted to trademark his name. He has filed for bankruptcy (05-bk-16187, NYED), and received a discharge per Chapter 7; but it appears that his tax debts were not discharged, as he continued to litigate over them (and they usually aren't discharged anyway).

Finally, a few years ago he fought over an IRS summons, although the docket (06-mc-492, NYED) isn't clear as to why DOJ voluntarily dismissed the action (they got the info from other sources and began enforcement?). Anyway, after the case was dismissed, Zuckman filed this sad little letter. It didn't work either.

Perhaps he will one day figure out that the best way to avoid this type of tsuris is to pay your taxes. If in fact he is "truth", however, perhaps not.