# Income Tax payable by law?

**URL:** <https://boards.straightdope.com/t/income-tax-payable-by-law/920624>\
**Category:** Factual Questions\
**Created:** [September 15, 2020, 12:49am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624 "2020-09-15T00:49:02Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![breakneck](https://avatars.discourse-cdn.com/v4/letter/b/e99b99/32.png) [@breakneck](https://boards.straightdope.com/u/breakneck)\
**Post date:** [September 15, 2020, 12:49am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/1 "2020-09-15T00:49:02Z")

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Is it true that paying your income tax is a voluntary thing? That ther is no law that states that you must pay or the irs is coming for your house possesions and even coming for you ? jail

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [September 15, 2020, 12:52am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/2 "2020-09-15T00:52:15Z")

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> [@breakneck](#):
>
> Is it true that paying your income tax is a voluntary thing?

[TurboTax](https://turbotax.intuit.com/tax-tips/general/what-does-it-mean-that-taxes-are-voluntary/L5cjhVlhh)

> The U.S. tax code operates on a system of voluntary compliance. Some taxpayers have used the voluntary nature of the tax system to support their claims that they don’t have to pay tax at all. However, it isn’t the payment of the tax itself that is voluntary. Rather, it’s the manner in which people submit their own taxes.

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**Author:** ![breakneck](https://avatars.discourse-cdn.com/v4/letter/b/e99b99/32.png) [@breakneck](https://boards.straightdope.com/u/breakneck)\
**Post date:** [September 15, 2020, 1:02am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/3 "2020-09-15T01:02:33Z")

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So I understand That if its the manner that someone submits their own taxes is voluntary , then if I chose not to submit any taxes then I dont have to pay any taxes?

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [September 15, 2020, 1:03am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/4 "2020-09-15T01:03:51Z")

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> **[The Truth About Frivolous Arguments — Section I (A to C) | Internal Revenue...](https://www.irs.gov/privacy-disclosure/the-truth-about-frivolous-arguments-section-i-a-to-c)**
>
> March 2022

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 15, 2020, 1:06am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/5 "2020-09-15T01:06:58Z")

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> [@breakneck](#):
>
> So I understand That if its the manner that someone submits their own taxes is voluntary , then if I chose not to submit any taxes then I dont have to pay any taxes

No, that isn’t what he said. You must pay the taxes, but the manner in which you pay them is the “voluntary” part.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [September 15, 2020, 1:09am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/6 "2020-09-15T01:09:48Z")

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> [@breakneck](#):
>
> So I understand That if its the manner that someone submits their own taxes is voluntary , then if I chose not to submit any taxes then I dont have to pay any taxes?

Do you really think this is remotely plausible? Even if there were some bizarre theoretical loophole in the Constitution or some other statute, it would have been closed as soon as it was discovered.

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**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\
**Post date:** [September 15, 2020, 1:17am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/7 "2020-09-15T01:17:12Z")

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No. As I understand it, if you don’t submit your taxes, which you are free to not do, the government will use its resources to figure out how much you owe, and come to you for the money.

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**Author:** ![dofe](https://avatars.discourse-cdn.com/v4/letter/d/7ba0ec/32.png) [@dofe](https://boards.straightdope.com/u/dofe)\
**Post date:** [September 15, 2020, 1:19am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/8 "2020-09-15T01:19:36Z")

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Insofar that not paying taxes is a federal crime (felony tax evasion) punishable by prison time and/or fines, it’s fair to say that paying taxes is not voluntary.

> Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

> **[26 U.S. Code § 7201 - Attempt to evade or defeat tax](https://www.law.cornell.edu/uscode/text/26/7201)**

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 15, 2020, 1:20am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/9 "2020-09-15T01:20:28Z")

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> [@breakneck](#):
>
> Is it true that paying your income tax is a voluntary thing? That ther is no law that states that you must pay or the irs is coming for your house possesions and even coming for you ?

May I ask where you got this information?

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [September 15, 2020, 1:23am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/10 "2020-09-15T01:23:32Z")

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[Here’s a few of 'em.](https://www.legalmatch.com/law-library/article/legal-theories-for-refusing-to-pay-income-tax.html)

> ### What are the Legal Theories Refuse to Pay Income Tax?
> 
> Here are some theories on which people refuse to pay income tax:
> 
> - **The 861 Position:** Some people argue that Section 861 of the Internal Revenue Code does not list “wages” as taxable. The IRS responds that “compensation for services,” which is listed, is the definition of “wages.”
> - **Payment is Voluntary:** Another theory is that the payment of taxes is “voluntary,” as the word was used in the Supreme Court case Flora v. U.S. The IRS explains, however, that the word “voluntary” means that the taxpayer has the right to pay her own taxes (and thus take an aggressive interpretation of tax law), instead of the government imposing their own tax calculations on citizens.
> - **Not Taxable Income:** There is an argument that wages, tips, and other compensation received for personal services is not “income,” because there is no taxable gain when a person exchanges labor for money. The IRS responds that the Internal Revenue Code Section 61 and famous cases such as Glenshaw Glass emphasize the broad range of “gross income.”
> - **Violation of the 5th Amendment:** Then there’s the argument that filling out a tax return violates the 5th Amendment self-incrimination clause. However, while the self-incrimination privilege protects the taxpayer from revealing an illegal source of income, it does not protect her from disclosing the amount of that income.
> - **Involuntary Servitude:** Taxation is a form of involuntary servitude, which is prohibited by the 13th Amendment. However, the Congress defines “involuntary servitude” as being forced to work against one’s will. No one in the United States is forced to work.

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**Author:** ![breakneck](https://avatars.discourse-cdn.com/v4/letter/b/e99b99/32.png) [@breakneck](https://boards.straightdope.com/u/breakneck)\
**Post date:** [September 15, 2020, 1:52am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/11 "2020-09-15T01:52:55Z")

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Your forced to work to be self sufficient and not relying on the goverment to feed and house you . Then you are taxed that income also

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [September 15, 2020, 1:54am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/12 "2020-09-15T01:54:54Z")

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Do you propose to eliminate the entire government?

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [September 15, 2020, 1:55am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/13 "2020-09-15T01:55:30Z")

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> [@breakneck](#):
>
> Your forced to work to be self sufficient and not relying on the goverment to feed and house you . Then you are taxed that income also&nbsp;

Who do you think pays for the roads you drive on? Or the police or the fire department?

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [September 15, 2020, 1:58am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/14 "2020-09-15T01:58:38Z")

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> [@breakneck](#):
>
> Your forced to work to be self sufficient and not relying on the goverment to feed and house you . Then you are taxed that income also

That’s called capitalism and is entirely voluntary. Nobody is forcing you to work. You could rely on the government. What’s stopping you besides you?

But since a number of people have already explained that the payment of taxes on the money you do earn is not voluntary and that there are no loopholes and that hundreds of people have made this nonsensical argument and every one of them has been shot down for it, I don’t understand why you are continuing it.

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**Author:** ![breakneck](https://avatars.discourse-cdn.com/v4/letter/b/e99b99/32.png) [@breakneck](https://boards.straightdope.com/u/breakneck)\
**Post date:** [September 15, 2020, 2:00am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/15 "2020-09-15T02:00:52Z")

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gas taxes for the roads .I was responding to him and his statment that no one in the united states is forced to work ? what are you talking about money grow s on trees?

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**Author:** ![breakneck](https://avatars.discourse-cdn.com/v4/letter/b/e99b99/32.png) [@breakneck](https://boards.straightdope.com/u/breakneck)\
**Post date:** [September 15, 2020, 2:02am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/16 "2020-09-15T02:02:34Z")

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I’m not trying to continue it . Are you ok with someone completely relying on the goverment and the goverment spending your tax money to do so?

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [September 15, 2020, 2:06am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/17 "2020-09-15T02:06:57Z")

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> [@breakneck](#):
>
> I’m not trying to continue it . Are you ok with someone completely relying on the goverment and the goverment spending your tax money to do so? -

Someday, it might be _you_ who needs that help.

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**Author:** ![breakneck](https://avatars.discourse-cdn.com/v4/letter/b/e99b99/32.png) [@breakneck](https://boards.straightdope.com/u/breakneck)\
**Post date:** [September 15, 2020, 2:11am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/18 "2020-09-15T02:11:37Z")

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Eliminate the goverment no . Govern the government yes . I was just reading about the coin shortage and our government forming the us coin shoortage task force. What the hell are they gonna do report back yes we are short on qurters . wonder how many salaries will get paid there and forever because once it has been established or form no task force or any thing like gets shut down they operate if needed or not forever waisting away our tax dollars its out of contol

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 15, 2020, 2:12am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/19 "2020-09-15T02:12:58Z")

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Do you now understand what is meant by “voluntary compliance”?

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [September 15, 2020, 2:34am UTC](https://boards.straightdope.com/t/income-tax-payable-by-law/920624/20 "2020-09-15T02:34:24Z")

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> [@breakneck](#):
>
> Eliminate the goverment no . Govern the government yes . I was just reading about the coin shortage and our government forming the us coin shoortage task force. What the hell are they gonna do report back yes we are short on qurters . wonder how many salaries will get paid there and forever because once it has been established or form no task force or any thing like gets shut down they operate if needed or not forever waisting away our tax dollars its out of contol

**Moderating**

I think your initial question has been answered as well as it can be factually. Since you now seem to want to debate the government itself, I am going to close this as asked and answered.

Colibri  
General Questions Moderator

[Next page](https://boards.straightdope.com/t/income-tax-payable-by-law/920624.md?page=2)
