From: Jerry Nicolas
Subject: BREAKTHROUGH OF THE CENTURY by Otto Skinner
Last Updated: December 14, 1998
The Biggest BREAKTHROUGH OF THE CENTURY
to understanding the language
of the 16TH AMENDMENT
by Otto Skinner
How can it be said that an "income" tax (or
taxation on income) is an indirect excise tax
which is not on the tangible fruit, but on
the happening of an event; that the income is not
the subject of the tax, but that it is an excise
tax which is collected from certain
activities and privileges which is measured by
reference to the income which they produce? How
can all this be said and still call
it taxation on income? How can the Internal
Revenue Code state that there is hereby imposed on
the taxable income, if the
income is not the subject of the tax; if the
income is not the thing being taxed? How can it be
said that taxes on personal
property are subject to the requirement of
apportionment, when the "income" tax is not
apportioned? Isn't your income your
personal property? (Of course it is.) How is it
possible for the United States Supreme Court, the
lower courts, the
Congressional record, the original Constitution,
the Sixteenth Amendment, and the Internal Revenue
Code to each make one or
more of the following statements without them
collectively being terribly inconsistent? Without
one statement being in
irreconcilable conflict with another?
A.The conclusion reached in the Pollock Case
recognized the fact that taxation on income was in
its nature an excise
entitled to be enforced as such; 1
B.The Sixteenth Amendment simply prohibited the
power of income taxation from being taken out of
the category of
indirect taxation; 2
C.The Congress shall have power to lay and
collect taxes on incomes ... without apportionment
among the several States; 3
D.The Amendment contains nothing repudiating or
challenging the ruling in the Pollock Case; 4
E.The requirement of apportionment is pretty strictly limited to taxes
on real and personal property and capitation taxes; 5, 11
F.Indirect taxes are laid upon the happening of
an event as distinguished from its tangible
fruits; 6
G.The income is not the subject of the tax: it
is the basis for determining the amount of tax; 7
H.Excise taxes are in the class of indirect
taxes; 1, 2, 8
I.Excise taxes are collected from the same activities as those reached by
the States; 9 and,
J.There is hereby imposed on the taxable income; 10
How can it appear that the so-called "income" tax
is imposed on property (income), and yet say the
income is not the subject
of the tax? If the income (property) is not the
thing being taxed, why does it appear that way in
the Sixteenth Amendment and in
the Internal Revenue Code?
All of this doesn't even make any sense, unless
there is a particular definition for the word "on"
which is being used in the
Sixteenth Amendment and the Internal Revenue Code
whenever phrases such as "taxation on incomes" or
"a tax on income" or
"there is hereby imposed on the taxable income"
are stated; a special definition for the word "on"
of which most people are not
even aware.
One of the definitions given in my Webster's
Seventh New Collegiate Dictionary (1971) shows
that the word "on" means
"with regard or respect to". The dictionary also
shows that the word "regard" means "an aspect to
be taken into consideration".
So the Sixteenth Amendment could just as
easily read as follows:
Congress shall have power to lay and collect
taxes with regard to or with respect to or in
consideration of or
measured by the income, from whatever source
derived, without apportionment among the several
States, and
without regard to any census or enumeration.
The above definitions reasonably and logically
explain Chief Justice Edward Douglas White's
statements in the Brushaber and
Stanton Cases regarding taxation on income,
wherein he explained that taxation on income was
in its nature an indirect excise.
But let's dig a little further. Let's see what
some other well respected dictionaries have to
say.
on ... 22. a. In regard to, in reference to,
with respect to, as to.
The Oxford English Dictionary, Second
Edition, 1989, pg. 795.
on ... 12. with respect or regard to.
Random House Unabridged Dictionary, Second
Edition, 1993, pg. 1352.
on ... (5) the object in connection with
which payment, computation of interest, reduction
or similar settlement is
made. ... 7 a : with regard to : with
reference or relation to : about.
Webster's Third New International Dictionary
of the English Language, Unabridged, 1993, pg.
1575.
As used in the phrase "taxes on incomes", only if
the word "on" means "with reference to" (the
income which is to be used to
measure the amount of tax due from indirect taxes
such as duties, imposts and excises) can it be
explained that the income
(property) is not the thing being taxed, but that
it is on some taxable activity upon which an
excise can be imposed. This is the
only way to explain how Chief Justice Edward
Douglas White could justifiably state in Brushaber
and Stanton that taxation on
income was in its nature an excise tax and that
the Sixteenth Amendment simply prohibited the
power of income taxation from
being taken out of the category of indirect
taxation to which it inherently belongs.
Of course, this now clearly opens the way for the
question as to which activity, if any, has there
been an excise tax imposed,
and which section of the Internal Revenue Code, if
any, imposes a tax on that activity. It certainly
raises the question now as to
which of your activities, if any, would make you
subject to (liable for) this tax which is merely
called an "income" tax.
Is learning of a special definition for the word
"on" really the biggest breakthrough of the
century to being able to understand
the language of the Sixteenth Amendment? You
already have my opinion. What do you think? Ask
your friends. What do they
think? Maybe you can find an English professor's
professor who will give an expert opinion on the
issue. If you do, let me know
what he or she says. Of course, the professor will
have to understand that the United States Supreme
Court has ruled that the
"income" tax is an excise, that excise taxes are
collected from activities, that the property is
never the thing being taxed by an
excise tax, and that property taxes (on real and
personal property) must still be apportioned among
the States according to
population. Once he or she understands these
facts, it should be easy to render an expert
opinion regarding this special
definition for the word "on" as used in the
Sixteenth Amendment.
If this really is a valid conclusion, then this is
information regarding the so-called "income" tax
and the Sixteenth Amendment that
the entire nation desperately needs.
Footnotes.
1.Moreover in addition the conclusion reached
in the Pollock Case did not in any degree involve
holding that income taxes
generically and necessarily came within the
class of direct taxes on property, but on the
contrary recognized the fact that
taxation on income was in its nature an
excise entitled to be enforced as such....
Brushaber v. Union Pacific R.R. Co., 240 U.S.
1, at 16-17 (1916). (Emphasis added.)
2.[B]y the previous ruling [Brushaber Case] it
was settled that the Sixteenth Amendment conferred
no new power of
taxation but simply prohibited the previous
complete and plenary power of income taxation
possessed by Congress from
the beginning [of our national government
under the Constitution] from being taken out of
the category of indirect taxation
to which it inherently belonged....
Stanton v. Baltic Mining Co., 240 U.S. 103,
at 112 (1916). (Emphasis and explanation added.)
3.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.
United States Constitution, Sixteenth
Amendment.
4.The Amendment contains nothing repudiating or
challenging the ruling in the Pollock Case....
Brushaber, supra, at 19. (Emphasis added.)
5.Indeed, the requirement for apportionment is
pretty strictly limited to taxes on real and
personal property and capitation
taxes.
Penn Mutual Indemnity Co. v. C.I.R., 277 F.2d
16, at 19-20 (3rd Cir. 1960). (Emphasis added.)
6.A tax laid upon the happening of an event, as
distinguished from its tangible fruits, is an
indirect tax.
Tyler v. United States, 281 U.S. 497, at 502
(1930).
7.The income tax is, therefore, not a tax on
income as such. It is an excise tax with respect
to certain activities and
privileges which is measured by reference to
the income which they produce. The income is not
the subject of the tax: it is
the basis for determining the amount of tax.
House Congressional Record, March 27, 1943,
page 2580.
8."The Congress shall have power to lay and
collect taxes, duties, imposts and excises." Art.
1, 8. If the tax is a direct
one, it shall be apportioned according to the
census or enumeration. If it is a duty, impost, or
excise, it shall be uniform
throughout the United States. Together, these
classes include every form of tax appropriate to
sovereignty.
Steward Machine Co. v. Davis, 301 U.S. 548,
at 581 (1937).
9.We must remember, too, that the revenues of
the United States must be obtained in the same
territory, from the same
people, and excise taxes must be collected
from the same activities. as are also reached by
the States in order to support
their local government.
Flint v. Stone Tracy Co., 220 U.S. 107, at
154. (Emphasis added.)
10.There is hereby imposed on the taxable income
of-[every individual]
26 U.S.C. 1. (In part. Emphasis and
explanation added.)
Our conclusions may, therefore, be summed up
as follows:
First...
We adhere to the opinion already
announced, that, taxes on real estate being
indisputably direct taxes, taxes on the
rents or income of real estate are
equally direct taxes.
Second...
We are of opinion that taxes on personal
property, or on the income of personal property,
are likewise direct
taxes.
Third...
The tax imposed by sections twenty-seven
to thirty-seven, inclusive, of the act of 1894, so
far as it falls on the
income of real estate and of personal
property, being a direct tax within the meaning of
the Constitution, and,
therefore, unconstitutional and void
because not apportioned according to
representation, all those sections,
consisting of one entire scheme of
taxation, are necessarily invalid.
Pollock v. Farmers' Loan & Trust Co.,
158 U.S. 601, at 637 (1895). (Emphasis added.)