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Do You Have A ‘Right’ to Social Security?

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If an employer thinks the employee is subject to withholding taxes, the burden of proof is on the employer.  The U.S. Supreme Court has also already ruled that you can’t be taxed for simply existing or exercising your right to work.  “A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution.” Murdock v Pennsylvania, 319 U.S. 105, pg 113 (1943).  In other words, such events must be taxable for revenue purposes and a law must have been enacted that imposes a tax on that activity or event. If it is law, it would be in the books. When the employer says you are required to submit a social security number or fill out a withholding form as a condition for being hired, is it based on a federal law or statute or just an employer making it up? I have a letter from the Social Security Administration that says “The Social Security Act does not require a person to have a Social Security Number to live and work in the United States, nor does it require a Social Security number simply for the purpose of having one.”

On the IRS website, there is a paragraph that reads “Social Security and Medicare taxes pay for benefits workers and their families receive under the Federal Insurance Contributions Act (FICA). Social security taxes pay for benefits under the old age, survivors, and disability insurance part of FICA. Medicare taxes pay for hospital benefits.” What this paragraph does is confuse the tax itself with the spending power. Taxes, regardless of their name are just that, taxes. They are not earmarked to any program regardless of the revenue act in which it is collected under. There is no such thing as a Social Security Trust Fund, nor is it anything related to paying insurance premiums. All these taxes, being uniform are taxes on certain activities and privileges and thus go into the general fund at the Treasury Department.

According to the Social Security Administration, “Conceptually, the old-age insurance program was a social insurance program with an obvious connection between the taxes collected in Title VIII of the Act and the benefits paid in Title II of the Act. The taxing and spending provisions of the Act were placed in separate titles in the vain hope of convincing the courts that what was obvious was not the case–that is, so that the argument could be made that the taxing and spending provisions had nothing to do with each other.”

The proceeds of both taxes are to be paid into the Treasury like internal revenue taxes generally, and are not ear-marked in any way. Section 807(a), 42 U.S.C.A. 1007(a).
Helvering v. Davis, 301 U.S. 619 (1937)

(a) The proceeds of the tax in controversy are not earmarked for a special group.
Steward Mach. Co. v. Davis, 301 U.S. 548 (1937)

We must conclude that a person covered by the Act has not such a right in benefit payments as would make every defeasance of “accrued” interests violative of the Due Process Clause of the Fifth Amendment.                 Flemming v. Nestor, 363 U.S. 603 (1960)

Once again, with the exception of taxing exports, the States gave the federal government full taxing power, but could not have given the federal government any power they themselves did not possess according to Article 1, Section 8.

Simply put, what revenue law, if any, imposes a tax on your particular activity? The Internal Revenue Code only relates to those who are already liable i.e. “taxpayers” because the activities they are engaged in such as importers of tobacco products or distillers. See Sections 5703 and 5005 of the Internal Revenue Code.  A person who files when they are not a taxpayer as defined is like a 90 year old woman filing for exemption from military service when the laws never subjected her to serve in the military in the first place. “FN3 The term “taxpayer” in this opinion is used in the strict or narrow sense contemplated by the Internal Revenue Code and means a person who pays, overpays, or is subject to pay his own personal income tax. (See Section 7701(a)(14) of the Internal Revenue Code of 1954.) A “nontaxpayer” is a person who does not possess the foregoing requisites of a taxpayer.” Economy Plumbing and Heating Co. v. U.S., 470 F.2d 585 (1972)

It is the duty of the Congress to name the events which are taxable, and who is liable for it.

Written by chrisforliberty

June 28, 2010 at 12:49 am

Posted in Politics, Taxes

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