A while back I was approached by a closet anti-government extremist who told me that it was in fact legal to not pay the government taxes. The argument is always convincing when these people present it because their ideas are well thought out, but their facts are crooked. Since this was the same source that came to me with home video “proof” that the government was behind the infamous suicides at Waco… I was a little reluctant in believing him. So I did some research, came across some really good arguments, and questioned myself: are we really required to file federal and state taxes?
It only took a few minutes research to find out that the guy behind this movement known as Freedom Law School, eerily reminiscent of the Ted Kaczynski’s Freedom Club, was merely a scam to make money off of the underground anti-government movement. Peymon Mottahedeh convinced an associate of mine that he could clear up his problems with the IRS for a fee, of course. He sells his www.livefreenow.org to IRS-haterz because it’s easy to take advantage of people who can’t fight back legally, when they themselves are breaking the law by not paying taxes or because they don’t trust the government in the first place. Mottahedeh takes bits and pieces of the law, misinterprets, and organizes it so that it fits his agenda. It’s a waste of time to argue his beliefs with facts, so instead I have chosen to research the philosophies behind www.anti-irs.com. Ironically, the people at anti-irs.com have listed Mottahedeh as a threat to their cause, and identify him as the scam artist.
Anti-Irs.com
At this site, Bill Conklin suggest (also through marketing of books and services, hmm) that he specializes in the “removal of IRS wage levies” and (my personal favorite) “why no one is required to file tax returns.”
Bill Conklin
He is the founder of his own freedom group (uh oh) and the site claims he has won “major victories against the IRS”. The gist of his argument is that everyone who files taxes waive their Fifth Amendment Rights, and the Government is not allowed to force you to do that, which in turn means the Government cannot force you to file taxes.
Well there are two major components to the Fifth Amendment that he may be referring too.
- The taking of property
Conklin might say that “taking of property” without due process of law violates the Fifth Amendment. However:
Brushaber v. Union Pacific R.R.: the court said, “the Constitution does not conflict with itself by conferring upon the one hand a taxing power, and taking the same power away on the other by limitations of the due process clause.”
Flora v. Us: the court showed that the IRS allows for due process in that a person has the right to appeal an assessment to the Tax Court “without paying a cent.”
- Self-incrimination
Conklin might say that filing for taxes may be self-incriminating (which makes sense to me!) But:
US v. Schiff: Court ruled, “the Fifth Amendment privilege does not immunize all witnesses from testifying. Only those who assert as to each particular question that the answer to that question would tend to incriminate them are protected. … [T]he questions in the income tax return are neutral on their face … [h]ence privilege may not be claimed against all disclosure on an income tax return.”
US v. Neff: Court ruled that the taxpayer, “did not show that his response to the tax form questions would have been self-incriminating. He cannot, therefore, prevail on his Fifth Amendment claim.”
Bill Conklin can continue helping people not pay their taxes based on his interpretation of the Fifth Amendment, but in the meantime I’m gonna do my civic duty and pay my taxes.
In Short
If you think not paying taxes may be right for you, you’re probably wrong. Just pay your damn taxes. You know your kids go to public schools (or you did), you drive on public streets, and the police and fire departments protect you; all of which are paid by the taxes you pay. So don’t give me this ‘I don’t want to pay taxes bullshit’. You are just being greedy, and if taxes bother you THAT much, move to Monte Carlo.
Also, please take note. There are civil and criminal penalties for frivolous lawsuits.
For Further Entertainment:
February 11th, 2008 at 2:27 am
Hi,
I do not know your name, but I came across your website and read your erroneous conclusions about me, which mirrored that of my old best friend, Bill Conklin.
By doing what you do, I got it that you are trying to have the government follow the law, respect citizens rights and treat us all fairly.
I like to ask you to treat me to the same way that you would want me or the government to treat you; namely that you contact me to clear up the misconceptions you have in your web site on the second paragraph of your web page which is headlined “Forget taxes”.
I am interested in working with all freedom seekers to promote freedom and justice and would like to find out more about who you are and what you are doing and how we can work together to restore freedom, justice and rule of U.S. Constitution over our public servants.
When you call, please let my help know that you are returning my E-Mail and ask them to set up a mutually good time for us to talk. Or, give me your phone number and I will call you.
Peymon