Obscure (and Untraceable) Quote of the Week

LPC
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Obscure (and Untraceable) Quote of the Week

Post by LPC »

From a thread on Lost Horizons on "Obscure Court Quotes":
justinprime wrote:I cannot seem to locate a primary source for this quote, though I am seeing the actual quote all over the place. Anyone have a link or anything to actually support this? Pete uses this as well.
The Supreme Court, in a decision written by Chief Justice White, first noted that the Sixteenth Amendment did not authorize any new type of tax, nor did it repeal or revoke the tax clauses of Article I of the Constitution, quoted above. Direct taxes were, notwithstanding the advent of the Sixteenth Amendment, still subject to the rule of apportionment and indirect taxes were still subject to the rule of uniformity."
Howard M. Zaritsky, Legislative Attorney, American Law Division of the Library of Congress, Report No. 80-19A, entitled “Some Constitutional Questions Regarding The Federal Income Tax Laws”, page CRS-5 (1979).
This is just a wild guess, but I suspect that the quote is from Howard Zaritsky, while he was serving as Legislative Attorney, American Law Division of the Library of Congress, and it appeared in Report No. 80-19A, published in 1979, entitled “Some Constitutional Questions Regarding The Federal Income Tax Laws”, at page CRS-5.

But that's just a guess.

Really, these morons couldn't find their own butts with a map, a flashlight, and both hands.

Coincidentally, I had an exchange of emails with Howard within the last week about some estate tax questions in which we both have interests. (He's a nationally recognized expert on estate and gift tax planning.) I may point him to the Lost Horizons site to see if he approves, or can even understand, the way in which some of his writing has been twisted.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Paths of the Sea
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Re: Obscure (and Untraceable) Quote of the Week

Post by Paths of the Sea »

I was advised not long ago that:

> You may incorrectly believe that it was the 16th
> Amendment to the Constitution that gave Congress
> the power to enact the income tax laws...
>
> I wish to emphasize that Congress' power under
> Article I, Section 8--not the 16th Amendment--provides
> Constitutional authority to enact the income tax laws,
> in particular...the Internal Revenue Code.
>
> It is important to understand why the 16th Amendment
> was added to the Constitution in 1913.
>
> This Amendment merely removed an impediment to
> the enactment of the income tax laws, but did not
> grant any new Constitutional authority to enact the
> income tax laws.
>
> The 16th Amendment overruled a Supreme Court case
> (Pollock v. Farmers' Loan & Trust Co) in which the
> Supreme Court declared certain income taxes--taxes
> on income from property under the 1894 Income Tax
> Act--to be unconstitutionally unapportioned "direct"
> taxes.
>
> In Abrams v. Commissioner, the United States Tax Court
> stated:
>
>> "Since the ratification of the Sixteenth
>> Amendment, it is immaterial with respect
>> to income taxes, whether the tax is a
>> direct or indirect tax. The whole purpose
>> of the Sixteenth Amendment was to relieve
>> all income taxes when imposed from
>> [the requirement of] apportionment and
>> from [the requirement of] a consideration
>> of the source whence the income was derived."

Is that an appropriate way to look at it??

Sincerely,
Maury enthusiast!