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View Full Version : Assistance requested from the income tax peeps on here




shooter_tx
06-21-2010, 10:15 AM
I am looking for the Supreme Court opinion regarding the "upper limit" on the percentage of income that could be confiscated via the Internal Revenue Code.

My recollection is that the Court held there wasn't one. Thus, their opinion was that 100% of our income [I]could be taken and it would be perfectly constitutional.

My recollection is also that the phrase "legislative grace" appeared in the opinion (e.g. "Thus, it is only by legislative grace that the rate is not 100%.").

However, in the last hour or two of searching, I have only been able to find the phrase "legislative grace" applied to deductions, not the income tax rate itself, so this may end up being a red herring.

Thanks in advance for any assistance that anyone here may be able to give. :)

Anti Federalist
06-21-2010, 10:17 AM
Hmm, good question, AFAIK, there has never been any SCOTUS ruling on max permissible income confiscation.

Like you said, they can take 100% if they want.

Live_Free_Or_Die
06-21-2010, 10:22 AM
I am looking for the [IIRC] Supreme Court opinion regarding the "upper limit" on the percentage of income that could be confiscated via the Internal Revenue Code.

There isn't one. Under Article I Section 8 the federal club has the power to tax.

This is the great distinction between the Articles of Confederation and the Constitution. The only objects under the Articles of Confederation were states. This is why people rightfully claim the republic ended in 1787 because under the new surety of the Constitution it's objects are States and people. This is also the reason the Supreme Court has always held the 16th Amendment created no new power to tax.

shooter_tx
06-21-2010, 12:30 PM
I am looking for the [IIRC] Supreme Court opinion regarding the "upper limit" on the percentage of income that could be confiscated via the Internal Revenue Code.

<snip>
It also could have been a Circuit or District Court decision for which SCOTUS denied cert.

I remember reading this ~ two years ago... just cannot remember from where. :(

lx43
06-21-2010, 10:35 PM
When the govt can take whatever percent of your income they want, thats slavery.

Anti Federalist
06-21-2010, 11:00 PM
When the govt can take whatever percent of your income they want, thats slavery.

And take it away after you die.

Of course we're all slaves, trouble is, most of the slaves are perfectly happy in their bondage.

The few "refuseniks" in the system are not enough to make any serious trouble, and if they do star getting any "traction" the system has a whole arsenal of "dirty tricks" to squash it out.