Irwin Schiff - Arguments Raised By Schiff

Arguments Raised By Schiff

Among the arguments raised over the years by Schiff are:

  1. that no statutory deficiency in Federal income tax can exist until an assessment has been made;
  2. that no tax assessment can be made unless a tax return has been voluntarily filed;
  3. that the Internal Revenue Service, in enforcing the income tax, seeks to impose a tax not authorized by the taxing clauses of the United States Constitution;
  4. that the United States Tax Court has no jurisdiction over Schiff; and
  5. that the United States Tax Court is not a court.

These arguments were ruled invalid in Schiff v. Commissioner. Another argument made by Schiff on his web site is: "On the 1040 itself you report 'zero' income regardless of how much you received in: wages, commissions, interest, alimony, capital gains or from operating a business. For tax purposes, 'income' only means corporate 'profit.' Therefore, no individual receives anything that is reportable as 'income.'" This argument has been rejected by the lower courts, as well as the United States courts of appeal. See Cameron v. Internal Revenue Serv.; Stoewer v. Commissioner;Reinhart v. United States;Fink v. Commissioner;Flathers v. Commissioner;Schroeder v. Commissioner;Sherwood v. Commissioner; and Ho v. Commissioner.

Read more about this topic:  Irwin Schiff

Famous quotes containing the words arguments and/or raised:

    Yesterday the Electoral Commission decided not to go behind the papers filed with the Vice-President in the case of Florida.... I read the arguments in the Congressional Record and can’t see how lawyers can differ on the question. But the decision is by a strictly party vote—eight Republicans against seven Democrats! It shows the strength of party ties.
    Rutherford Birchard Hayes (1822–1893)

    The barriers of conventionality have been raised so high, and so strangely cemented by long existence, that the only hope of overthrowing them exists in the union of numbers linked together by common opinion and effort ... the united watchword of thousands would strike at the foundation of the false system and annihilate it.
    Mme. Ellen Louise Demorest 1824–1898, U.S. women’s magazine editor and woman’s club movement pioneer. Demorest’s Illustrated Monthly and Mirror of Fashions, p. 203 (January 1870)