Ive heard rumors that at one time some people who have challenged the income tax based upon the 861 argument, or Irwin Schiffs views, had gotten a few refunds, but then were challenged later by the government over their claims. If true, why?
A. Refund claims made in the confusion of the ‘861 argument– or Irwin Schiffs income-means-corporate-profit-only position, as well– inevitably suffer as a consequence of the inability of those misunderstandings to accommodate the provisions of law reflected in Subtitle C. (This happens because the elements of Subtitle C– the imposition of taxes directly, such as in chapter 21, and the withholding of prepayments for Subtitle A taxes measured by the receipt of wages in chapter 24– fundamentally contradict the premises on which the 861 and Schiff theories are based). This blind spot results in filings which are inherently self-contradictory, and which support the government’s position. They demand a refund of a portion of “income” taxes withheld under the title of “Federal Income Taxes”, while declining to do the same for federal “income” taxes withheld under the name “Social Security Taxes” and “Medicare Taxes”– and leave at least portions of the evidence about the filers receipt of
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