Supreme Court to hear income tax case?

He has no chance,his argument has been ruled against time and time again...



And so the federal courts have uniformly and repeatedly rejected the claim that compensation for labor is an exchange that does not result in income.

“The taxpayer next argues that wages are not income but an exchange of property. As money is property and labor is property, so his argument goes, his work for wages is a non-taxable exchange of property. Wrong again. Wages are income. See, e.g., Schiff v. Commissioner, 751 F.2d 116, 117 (2d Cir. 1984). The argument that they are not has been rejected so frequently that the very raising of it justifies the imposition of sanctions.”

Connor v. Commissioner, 770 F.2d 17, 20 (2nd Cir. 1985), (the court not only ruled against the taxpayer, but also imposed sanctions of $2,000 for making a frivolous appeal).

“Appellant’s contention that the amounts he received from his employers constituted an equal, nontaxable exchanges of property rather than taxable income is clearly without merit. This court specifically rejected this argument in United States v. Lawson, 670 F.2d 923, 925 (10th Cir. 1982), as did the Tax Court in Rowlee v. Commissioner, 80 T.C. 1111, 1119-22 (1983).... Merely raising the argument that value received for labor does not constitute taxable income, but rather constitutes a nontaxable exchange of property, justifies the imposition of sanctions.”

Casper v. Commissioner, 805 F.2d 902, 906 (10th Cir. 1986).

“According to Buras, income must be derived from some source. Wages cannot be taxed because the wage earner enjoys no gain from that source. Since the wage earner exchanges his labor and personal time for its equivalent in money, he derives no gain and therefore cannot be taxed. ... Appellant’s argument is refuted by one of the cases he cites. In Stratton’s Independence, Ltd. v. Howbert, 231 U.S. 399, 415, 34 S.Ct. 136, 140, 58 L.Ed. 285 (1913), the Court did define income as gain derived from labor. The Court went on to explain, however, that ‘the earnings of the human brain and hand when unaided by capital’ are commonly treated as income.”

United States v. Buras, 633 F.2d 1356, 1361 (9th Cir. 1980).

“Furthermore, Olson’s attempt to escape tax by deducting his wages as ‘cost of labor’ ... illustrate the frivolous nature of his position. This court has repeatedly rejected the argument that wages are not income as frivolous....”

Olson v. United States, 760 F.2d 1003, 1005 (9th Cir. 1985).

“DeMoss contends that the compensation he received from his employers is not taxable because his basis in his labor is equal to the amount of compensation he received. The tax court properly rejected this frivolous contention. See Carter v. Commissioner, 784 F2d 1006, 1009 (9th Cir. 1986); Olson v. United States, 760 F.2d 1003, 1005 (9th Cir. 1985).”

DeMoss v. Commissioner, 1995 U.S. App. LEXIS 2672, 75 A.F.T.R.2d 841 (9th Cir. 1995), (unpublished; sanctions imposed for filing a frivolous appeal).

“Appellant’s second argument is that his compensation in exchange for labor is property, not income. ... Again, he is wrong. The Third Circuit unequivocally has stated that ‘wages are income within the meaning of the Sixteenth Amendment.’ United States v. Connor, 898 F.2d 942, 944 (3rd Cir. 1990). The Third Circuit then warned that ‘nless subsequent Supreme Court decisions throw any doubt on this conclusion, we will view arguments to the contrary as frivolous, which may subuect the party asserting them to appropriate sanctions.’ Id. Such authority is neither cited nor found, and appellant’s arguments will be dismissed as frivolous. Wages are income.”

Angstadt v. Internal Revenue Service, 84 AFTR2d ¸99-5455, 1999 WL 820866, at 2 (U.S.D.C. E.D.Pa. 1999).

“[Peth] states that the income taxes are directed to taxable gain. Because he receives a paycheck for his labor, and because the paycheck is equal to the fair market value of his labor, he argues there is no gain. No court has ever accepted this argument for the purpose of determining taxable income. Indeed, it has always been rejected. For once and for all, wages are taxable income.”

Peth v. Breitzmann, 611 F. Supp. 50, 53 (E.D.Wis. 1985), 1985 U.S. Dist. LEXIS 21509, 85-1 U.S.T.C. ¶9321, 55 AFTR2d 1280 (complaints dismissed and sanctions imposed for filing frivolous actions “brought in bad faith”).

“Even if wages are, in effect, an exchange of equal value for value, they are nevertheless taxable income. Rowlee v. Commissioner, 80 T.C. 1111, 1121-1122 (1983); Rice v. Commissioner, T.C. Memo. 1982-129. And even if we apply section 1001 to determine petitioner’s gain, his basis is defined under sections 1011 and 1012 as his cost, not fair market value. Since he paid nothing for his labor, his cost and thus his basis are zero. Rice v. Commissioner, supra. Consequently, even under section 1001, his taxable income from his labor is his total gain reduced by nothing, i.e., his wages. ... Petitioner’s argument fails for the same reason that other protesters’ arguments fail; the worker’s cost for his services--and thus his basis--is zero, not their fair market value.”

Talmage v. Commissioner, T.C. Memo. 1996-114, aff’d 101 F.3d 695 (4th Cir. 1996).

“Petitioner submitted to the Internal Revenue Service documents purporting to be 1995 and 1996 Federal income tax returns. The documents reported petitioner’s compensation earned in each year and then deducted the equivalent amount as ‘Property (money) exchanged for property (labor not subject to tax).” ... The only dispute that petitioner raised with respect to the amounts of compensation is his frivolous arguments that his wages are not taxable. These arguments, as petitioner was advised in the District Court order, citing United States v. Studley, 783 F.2d 934, 937 (9th Cir. 1986), have been consistently and thoroughly rejected and may be the basis for sanctions.”

Wheelis v. Commissioner, T.C. Memo 2002-102, 2002 TNT 74-14, (sanctions of $10,000 imposed for frivolous arguments raised primarily for delay); aff’d 2003 TNT 108-7, No. 02-73119 (9th Cir. 5/16/2003).

“In effect, Ms. Sumter attempts to claim that the deduction (her total salary) was a necessary expense for the production of that same salary. She provides no support or credible justification for her untenable position. Ms. Sumter tries to cite case law in support of her “even exchange” argument; however, none of the cases she cites justify her position. In fact, the cases are contrary to her .position. [Discussion of cases omitted] Thus, courts have clearly rejected the “even exchange” argument, which erroneously asserts that no taxes are owed on employment wages, since the income from the services rendered was a fair market value and, therefore, no profit or gain occurred as a result of the work performed.”

Sumter v. United States, 61 Fed. Cl. 517, 518 (2004).

“[A] review of the pleadings indicates that Mr. Ledford bases his entitlement to this relief on his view that the federal tax code does not tax compensation received for personal labor. Mr. Ledford’s view of the tax law is mistaken, as the tax code quite plainly defines income to include amounts received in compensation for services rendered. 26 U.S.C. § 61(a) (2000) (“[G]ross income means all income from whatever source derived including (but not limited to) the following items: (1) Compensation for services, including fees, commissions, fringe benefits, and similar items . . . .”). Indeed, every court that has considered the matter has found this argument to be wholly without merit -- so much so that merely raising it is considered sanctionable.”

Ledford v. United States, 297 F.3d 1378, 1381, 2002 TNT 153-6, No. 02-5027 (Fed. Cir. 8/6/2002).

See also, Brown v. U.S., 35 Fed. Cl. 258, 269 (1996) (explaining that Lonsdale v. Comm’r of Internal Revenue, 661 F.2d 71 (5th Cir. 1981) rejected the “even exchange” argument), aff’d, 105 F.3d 621 (Fed. Cir.), reh’g denied (1997); Granzow v. Commissioner, 739 F.2d 265, 267 (7th Cir. 1984).

[link to evans-legal.com]




This fellow is going to end up a whole lot poorer for his efforts.

WINNER!!!! Restrict your endorsements "demand is made for lawful money per 12-usc 411" and it is done.

In fact, if the guy who filed this case reads this, he would be wise to stamp his court filings, his payments to the courts and above all his signatures:
"DEMAND IS MADE FOR LAWFUL MONEY PER 12 USC 411" in a bold color and see what it does for him.

He might also include "had I known about lawful money redemption per 12-USC 411, I would have been demanding and using it my entire life."

That might just set the court and the FEDERAL RESERVE up for a "fraud by omission" claim and damages for not only his back taxes paid, but ALL court fees and penalties he has paid as well!!!

I hope he reads this!!

Has this argument been used before? If so, did it work?

Supremes WILL 'hear' the case, WITH earplugs in PLACE !

They ARE part of the problem, NOT the solution, as they are/were 'in bed' with the parasitic politicians/banksters since the USA BECAME a CORPORATION !

The original Constitution, NO LONGED in force ( thanks to the Congress of 1871 who sold us out to the 'money lenders/USUERY Jewish banks ) was written as " The united states of America " which the crooks simply changed to The United States of America, A CORPORATION situated in the 10 square miles of Washington, D.C. !

They also took away common law, and have instituted OVER 17,000,000 laws, rules, regulations and statutes WITH FINES/FEES every time you break one, AND they catch you. A constant drain on your income, a CONSTANT source of revenue for those that created those laws, etc.

Eagle

...if you are going to argue the Fed notes are not legal tender...you lose...The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence[note 1] and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
...now that last part..uniform etc etc...so why does one company in Calif that makes widgets, get to pay LESS taxes than a TX firm that makes the same widgets,no copyright problems for my question please?...or how does wind/oil/solar/coal get a different tax rate OR subsidy ?...
or why can the Govt."invest" my tax dollars with NO prospectus BUT will fine/imprison a investment firm that doesn't have a proper and correct prospectus for it's "investments"?..do you realize that IF we went to a flat tax rate,personal and corporate, with NO deductions with a realistic poverty rate which below you would not pay...it would almost end corruption !!!..you could not get a tax" break" no matter who or how much you paid off !! and with a flat tax, if someone makes 10x more than you..they pay 10x the tax you do !...what's the bitch?...you make $50k,you pay $5k..guy next door makes $500k..he pays $50k...it would need to be more like 18%,but the point is the same...

Officials with the Supreme Court said while the case has been docketed, and a response from the IRS already has been scheduled, the justices still must hold a conference on the case to determine whether, in fact, they will review the arguments.

Maehr wrote in his petition for judicial review that he’s been the victim of administrative bludgeoning used by the IRS to quell citizens with objections as well as questions

[link to www.wnd.com]

since "all judges" in the US are paid their fat salaries from the fed, and of course your taxes, there's no way anyone of them would ever rule against your ass paying taxes.

No way you'd ever get a fair and impartial trial either..imagine the judge being on the payroll of your accuser.

Only way to repel income tax is with the barrel of a gun

[link to www.wnd.com]

There's wording in the constitution that allows the government to collect taxes to support and maintain defense and infrastructure basically as they see fit...it doesn't specifically name an income tax, but it's broad enough to allow it...