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The Fair Tax - Why we are all being fooled... July 6, 2006 06:55PM
The Fair Tax - Why we are all being fooled...

... and why it is just lip service.

Since the start, way back in the days of CATS (Citizens for an Alternative Tax System), I have been an advocate of the Fair Tax. Back then I was naive. I was doing the cool thing. I have learned a lot about what this "Alternative Tax System" has evolved to... The Fair Tax. And while I don't agree with the underlying basis of what is ridiculously called "fair", I have accepted that this monumental change with all its fundamental flaws (and there are some) I still believe it could and should happen. The reason is because it is something people could back, even the less than informed ones.

Well, today I think I can confidently say it will never happen... Nope. Notta.. It may pass as law, and those promise makers in your House and Senate will be promise keepers, but in the end they will have accomplished nothing, except to insight the American people.

Neal Boortz is perhaps the best known advocate of the Fair Tax. He believes in the revolutionary change it will bring if it is ever implemented, but I heard something from him today that spooks even me. I have been shaking my head in disbelief all day today because of what I heard him say. Truly this man knows better. Truly this advocate of freedom has not been duped into participating in a scam. Or has he?

I am worked up about this. I really am. I may be wrong, but I don't think so. This morning Boortz mentioned that the legislation will read...

"On the first day of the first month in the first year after the 16th amendment is repealed, the Fair Tax will go into effect". He went on to say that the repeal of the 16th will take a constitutional amendment with requires 2/3 of House and 2/3 of the Senate to pass, and then 3/4 of the states must ratify this amendment.....

Notwithstanding the fact that the above scenario is certainly possible, there is something inherently wrong with this, and if a member of the dumb masses (like me) can see it, then it needs to be said... The Fair Tax legislation is nothing more than a base rallyer with a built in excuse for failure. That's right. The elite 538 will make the states the bad guys for the Fair Tax failure.

Well, have you figured out why there is something wrong with the paragraph above? I know some folks who can and likely have figured it out. They are called Tax Protestors by our government.

First, let's go with the Supreme Court ruling (Pollock or Brubaker, can't remember) which said... "The 16th Amendment conveyed NO NEW taxing power to congress. It simply states that the income tax is an indirect tax that does not require apportionment."

But even if we ignore that ruling, which in reality has been ignored for more than 80 years, there is still something wrong with the legislation as it is written (if I heard correctly)... and that is...

The sixteenth amendment to the constitution DID NOT CREATE THE INCOME TAX. The Revenue Act of 1913 did and that does not take a constitutional amendment to repeal, revoke, nullify or render ineffective. So why then... do we need a constitutional amendment to repeal the 16th in order to implement the Fair Tax? We don't... And there is your built in excuse.

Most state income taxes use a person's FEDERAL ADJUSTED GROSS or taxable income to implement the state income tax. Hence, if there is no federal taxable income, in most states, there is no state taxable income. (I think Connecticut and California don't conform to this). So... Why would any of the rest of the 40 states (8 currently have no income tax) want to ratify this repeal if it means an instant cut in revenues to the state.

The short answer is... They won't. Not without either rewriting their own tax codes, or implementing their own Statewide Retail Sales Tax (which most have anyway).

The Fair Tax can still happen but it will only happen when people are informed of this big piece of wool being pulled over their eyes and demand immediate action. Know this. A constitutional amendment is not necessary to repeal the income tax.

markbureau
July 6, 2006
"Arms in the hands of the citizens may be used at individual discretion for the defense of the country, the overthrow of tyranny, or private self defense."
~ John Adams ~
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In case you've forgotten..
Maybe THIS will refresh your memory.

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Tuesday February 9, 2010
"Evil triumphs when good men do nothing." -Sir Edmund Burke