Thursday, July 26, 2007

IRS Loses Before Jury; Levy Lacks Foundation

Apparently this fellow has a compelling case, at least for a Louisiana Federal jury.

The Internal Revenue Service has lost a lawyer's challenge in front of a jury to prove a constitutional foundation for the nation's income tax, and the victorious attorney now is setting his sights higher.

Although the legal citations in the case tend to run the length of paragraphs, Newsbusters explained the substance of his arguments against the federal income tax this way:

Quite simply, he proved that the definition of Income as defined by the Supreme Court is NOT income from our labor, but rather things like interest and profit. You CANNOT tax a person's labor because it is a God-given right that we may work to support ourselves.

If I charge you $500 to fix your toilet, what part of that is profit or capital gain? The answer: You cannot decipher. Therefore, you cannot tax something that is considered an equal exchange on labor. You fix my toilet, I give you $500. It is quite simple.

"There are three points that are important," he told WND. "There's no law making the average working man liable [for income taxes], there's no law or regulation that allows the IRS to contend that earnings are 100 percent profit received in exchange for nothing, and the right to earn a living through any lawful occupation is a constitutionally protected fundamental right, and it is exempt from taxation."

I'd bet that IRS appeals, but I suspect there will be no takers.

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