By Patrick Vermeister
4 January 2016
It likely comes as a great surprise to many Americans that participation in the Federal Income Tax system is completely voluntary as stated by Dwight E. Avis in his testimony before the U.S. House Ways & Means Subcommittee back in 1953. The reason for this is probably not very surprising, when one gives the topic a bit of thought.
For all Americans to be subject to taxation for merely being born in the United States — and live their entire lives with such an inescapable burden — is simply not true and would be a soft form of slavery, called indentured servitude.
The Federal Income Tax, along with the bureau to enforce the tax, was created in 1913. So, the Constitutional Republic existed for over 130 years — and became a global power — before the 16th Amendment was even a thought. That’s not to say that politicians never tried to levy an income tax upon the American people as a way for the National Government to bolster its revenues and expand its empire.
The U.S. Supreme Court kept getting in the way for those politicians and bureaucrats. In 1895, the Supreme Court deprived the National Government in its attempt to create an income tax, stating that such a direct tax must be a one-time tax and apportioned among the sovereign states according to population.
When William H. Taft became President in 1909, he finally figured out a way to make the tax constitutional, as he proposed that Congress approve the 16th Amendment — the addition to The Constitution that allowed for a federal income tax — by stipulating that the tax would be levied only upon the National Government, those who worked for it and lived under its exclusive jurisdiction.
Of course, this does not describe about 90% of the people who call themselves Americans. A provision in the tax code allowed any one of those 90% to join the tax system voluntarily, for any reason of their choosing. However, when they volunteered, they would be viewed by the National Government not as Americans living in the Constitutional Republic but as U.S. Resident Aliens according to a federal regulation.
But, in order to remain a constitutional act and not fall into involuntary servitude by becoming a permanent burden, it had to be very clear that those who volunteered themselves into the tax system always had an exit door to voluntarily end their participation.
“It’s very similar to joining a country club,” said Adele Weiss, principal at Weiss+Associates, a European-based firm specializing in the U.S. Federal Income Tax and providing wealth consultation. “If you choose to join a country club, you may do so. But, once you do, the annual dues become obligatory. That is, until you formally choose to end membership.”
The perplexing issue for those Americans who were never automatically made liable for the tax but “volunteered” themselves into it is the way they made that voluntary election in the first place. The 16th Amendment did not do that to Americans, as it was targeted only toward those working for the National Government or those born in territory belonging to the National Government.
The initial “election” to join the U.S. Tax Club comes when an unsuspecting American files his/her first Form 1040 Individual Income Tax Return. This serves as the entry point, though it fails as a valid contract if the contractee did so without being made aware of the full terms and conditions of the deal.
Much of that initial election comes out of social convention — an unfounded belief that an obligation truly exists. But unfortunately, this lack of knowledge can be very costly, especially when factoring in the part of NOT knowing that an exit door exists.
“The National Government has spent a century benefitting financially from this lack of full disclosure with the people it was created to serve,” added Weiss, who has over 25 years of experience researching the Federal Income Tax. “After a hundred years of social conditioning, sadly, many Americans fear the National Government and find it difficult to fight for their rights. It’s an unavoidable fact that if Americans fail to fight for their unalienable rights, the government will find a way to expand on their limited powers.”
Weiss’ firm has helped over 2,000 clients successfully revoke the election they once made when they filed their first income-tax return. When qualified candidates do so, they become former members of the U.S. Tax System.
“Now, this doesn’t erase issues with past tax years,” Weiss pointed out. “It does take effect with the current tax year and all future years.”
So, this document will not help with issues for past years, nor can it offer any remedy to provide a refund for an American’s past contributions, which are deemed as gifts to the National Government.
“The beautiful thing is that this exit door was created by the U.S. Congress in order to not violate the 13th Amendment and that once any American not working for the National Government revokes his or her election, they are not allowed to ever return,” he emphasized.