Where the Billionaire and the Beggar pay the same percentage on actual Income
Equality With Income Tax — at present, does not exist. The income tax is not applied equally and therefore is not equal protection under the law.
The Constitution for the United States of America, Amendment 16 states: The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration."
The Constitution does not authorize a census — only an enumeration in Article 1, Section 2.
The Constitution of the United States of America, Amendment 14, Section 1, states... "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".
The way our government applies the Income tax —it does so based on a census with regard to how many people are in particular income-brackets. Based on amount of income, which usually redefined to unlawfully include wages. Also, the rate of taxation is not equally applied —thus unequal protection of the tax laws.
The income tax laws are suspended with this Constitutional Executive Order for these reasons: It unjustly includes wages, which are not income, because income is the gain which proceeds from labor; where wages is the compensation for labor. The employer almost never pays full value for employee labor —that is why any person usually get hired, so the employer can profit or gain from the employee's labor.
The income tax is not evenly applied to all people based on the same type of income —therefore does not provide equal protection under the law.
Potential amendments to the income tax law might include: A single percentage rate that is evenly applied to the beggar and the billionaire. This would tax the same (for example 5%) of every dollar of actual income and not tax wages.
To prevent the abuse of companies overpaying certain persons as a way of hiding income: The power of Congress to regulate the value of money; which literally is the value of available labor, whether it applies to a gold, paper or other exchange media; Labor = Currency. This can also dictate that wages for unskilled labor will top out at say $8/hour; skilled labor might top out at perhaps $25/hour; professional labor might top out at $125/hour; and then there is the salary of lower, middle, and upper management with annual tops at $100,000/year, $300,000/year, and $1,000,000/year respectively. After the finalized adjustments, anything over those caps would be taxable as income. The reason for these caps are to prevent businesses owners and controllers from paying to themselves as wages and benefits in the multiple-millions of dollars annually to hide otherwise taxable corporate income.
In addition, if the salary for the President of "The United States of America" is about $500,000/year plus benefits; any commercial-corporate President being paid more than $1,000,000/year becomes excessive in comparison, based on scope of duties and size of organization managed.
Proposed alternate tax is a national sales tax, described below. The benefit here, is that it is the same rate for the beggar and the billionaire. Both, the beggar and the billionaire, spend money; both do not always generate constitutionally taxable income.
The Constitution for the United States of America, Amendment 16 states: The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration."
The Constitution does not authorize a census — only an enumeration in Article 1, Section 2.
The Constitution of the United States of America, Amendment 14, Section 1, states... "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".
The way our government applies the Income tax —it does so based on a census with regard to how many people are in particular income-brackets. Based on amount of income, which usually redefined to unlawfully include wages. Also, the rate of taxation is not equally applied —thus unequal protection of the tax laws.
The income tax laws are suspended with this Constitutional Executive Order for these reasons: It unjustly includes wages, which are not income, because income is the gain which proceeds from labor; where wages is the compensation for labor. The employer almost never pays full value for employee labor —that is why any person usually get hired, so the employer can profit or gain from the employee's labor.
The income tax is not evenly applied to all people based on the same type of income —therefore does not provide equal protection under the law.
Potential amendments to the income tax law might include: A single percentage rate that is evenly applied to the beggar and the billionaire. This would tax the same (for example 5%) of every dollar of actual income and not tax wages.
To prevent the abuse of companies overpaying certain persons as a way of hiding income: The power of Congress to regulate the value of money; which literally is the value of available labor, whether it applies to a gold, paper or other exchange media; Labor = Currency. This can also dictate that wages for unskilled labor will top out at say $8/hour; skilled labor might top out at perhaps $25/hour; professional labor might top out at $125/hour; and then there is the salary of lower, middle, and upper management with annual tops at $100,000/year, $300,000/year, and $1,000,000/year respectively. After the finalized adjustments, anything over those caps would be taxable as income. The reason for these caps are to prevent businesses owners and controllers from paying to themselves as wages and benefits in the multiple-millions of dollars annually to hide otherwise taxable corporate income.
In addition, if the salary for the President of "The United States of America" is about $500,000/year plus benefits; any commercial-corporate President being paid more than $1,000,000/year becomes excessive in comparison, based on scope of duties and size of organization managed.
Proposed alternate tax is a national sales tax, described below. The benefit here, is that it is the same rate for the beggar and the billionaire. Both, the beggar and the billionaire, spend money; both do not always generate constitutionally taxable income.
A fair tax requires three things:
- A well informed population
- Government officers willing to adhere to and not violate the terms of the contract (The Constitution of the United States of America) they swear / affirm oath to support and defend against enemies foreign and domestic.
- A well thought out taxation plan that applies equally to everyone.
We have had item #3 ever since Amendment #16. Unfortunately, it has not yet been constitutionally put into practice. I will explain it in just a little while and provide links to more detail.
We are a long way from having either items #1 or #2. The following evidence shows this fact.
First, consider the text of The Constitution of the United States of America, Amendment 16; which states: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration" (emphasis added).
When we look up the definitions of what is a Census, snapshot images from digitized older dictionaries at this link The Census Unconstitutionality; or not we discover that a census and an enumeration are similar, yet very different. Similar, in that they both are intended to gather information about the people. Different, in that a census gathers far more information about each individual than does the constitutionally detailed and constitutionally granted enumeration.
That is correct. The Constitution of the United States of America does not grant to the government the power to conduct a census.
The Stop Unconstitutional Wage Tax link details the difference between wages and income.
As with the census v. enumeration, above; wages and income too are slightly similar but also quite different. Similar, in that both deal with money as it relates to labor. Different in that Wages deals with the compensation for labor; while Income deals with the gain; in this instance, the gain that proceeds from the labor.
Therefore, the government may constitutionally tax the gain, but not the compensation. For those who understand business, it is the business that profits, or gains financially from the employee's labor. The employee literally works at a financial loss when comparing the total value of their labor to the smaller quantity they receive as compensation for their labor. Therefore, wages, constitutionally speaking, are not taxable as income.
Now, let us get into income.
Income, by definition, as seen in the previous link and in this link to Equality With Income Tax deals with the gain, not just from labor but from a variety of activities that include farming, rentals, investments, etc.
Putting it all together.
When we consider the definitions for census and enumeration, and place them in context with Amendment 16; then, compare that with the present government application of the Income Tax Laws, we quickly see that the government relies quite heavily on the prohibited census to establish the tiered income tax system. A system that supposedly taxes the rich more heavily than the middle-class and poorer citizens.
But as Warren Buffett had proclaimed on national television that he pays less income tax than his secretary; the rich do not always pay a greater percentage on their income. This indicates that there are many loopholes that the richer portion of society may use to reduce their actual tax burden; a burden, which then, is shouldered by the poorer citizens.
THE FAIR TAX tax-code in accord with The Constitution of the United States of America, Amendment 16; quite literally can be written on a paper not much larger than a standard business card in the same size font used in this sentence. Clearly, in the following example, the numbers are fiction; but you get the idea.
The respective government budget (city, county, state, national) should be considerably less than their respective gross domestic product and the tax applied as a sales tax. This way, the city, county, state, and national taxes are paid and collected at the same time with each transaction. The citizens has little or no need to file income tax papers; as they have already pay the tax with the purchases.
Though people are likely to save more money and spend less: The Tax Rate is adjusted with the new budget and the previous year's results. People will continue to buy what they desire and need. If they invest more, the gains should also increase and also be taxed.
The Income Tax Code: A FLAT RATE TAX.
Line item: Total of government budget $1,000
Line item: minus all taxes from foreign activity as imports and exports, etc. $100
Line item: gross domestic sales (product & services) $100,000
Line item: Remaining Balance $900 divided by $100,000 = .009% per sales transaction.
This form of income tax, though applied to end-user purchases of product, services, investments, etc. does not rely upon a census or an enumeration. Rich people spend far more money than poorer people, thus each richer person pay a greater dollar value in taxes than each of the poorer people; —but, there are far more poorer people than richer. Now Warren Buffet can feel better that he will be paying much greater dollar value of income tax than his secretary.
The greatest social benefit with this Fair Tax system created with Amendment 16; it does not punish a person for trying to get ahead and join the ranks to the "better-off".
Too many times, the workers who put in extra hours on the job find themselves in a higher tax bracket and literally taking home LESS cash than they did without the overtime. That is unjust! It encourages people to get additional employment where the pay is in unreported cash.
The FAIR TAX system detailed on this page, proposed earlier, eliminates all that.
Thank you for your time.