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Ryokan
January 27th 2003, 05:50 PM
I often here people say that the IRS is unconstitutional. What is the reasoning behind that?
yxboom
January 27th 2003, 06:17 PM
Could you specify who would you like to address that. Any particular point of view?
GrayPilgrim
January 27th 2003, 06:31 PM
The reason given is based on the 10th Ammendment:

Article [X.]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The logic goes that since the constitution does not delegate the power to impose income taxes to the Federal Government it is thus unconstitutional for the government to impose income taxes. For them to have that power there would need ot be a constitutional ammendment. As no one has ever sued and made it to the Supreme Court, it seems to be a purely accedemic issue.

GP
Jaltus
January 27th 2003, 07:46 PM
Besides, the ammendment to give the Nation the power to tax was defeated.
Pilgrim
January 27th 2003, 08:41 PM
Seems like someone should file suit again.
spl_cadet
January 28th 2003, 10:10 AM
Sorry to disappoint you guys but the Sixteenth Amendment is alive, kicking, and taxing.
Ryokan
January 28th 2003, 10:34 AM
sorry yx. I wanted somebody who felt it was unconstitutional.
So it is that reserved for the states clause, huh?
Pilgrim
January 28th 2003, 12:17 PM
Originally posted by spl_cadet
Sorry to disappoint you guys but the Sixteenth Amendment is alive, kicking, and taxing.

Well there you have it, end of argument!
Ryokan
January 28th 2003, 06:01 PM
guess so