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TAXPAYERS HAVE TO FILE THEIR TAX RETURNS, BUT THEY DON’T HAVE TO PAY THE TAX OWED IF THEY CAN’T AFFORD IT.
This is usually the start of my meetings with Taxpayers who have not filed their prior year’s tax returns because they know they can’t afford to pay their tax and they are afraid if they do file the IRS will, garnish their wages, take their property or possibly incarcerate them.
WHY IS THERE SO MUCH WRONG INFORMATION OUT THERE? EVER NOTICE THE IRS DOES NOTHING TO DISPELL THE COMMON FEARS OF THE AVERAGE TAXPAYER?
You do have to file your tax returns and you should never consider buying into any tax protest scheme. The authority of the IRS is found when the Secretary of State proclaimed the ratification of the Sixteenth Amendment on February 25, 1913, 26 U.S.C. § 1 imposes tax on taxable income, 26 U.S.C. § 63 defines taxable income as gross income minus allowed deductions, 26 U.S.C. § 61 defines gross income as all income from whatever source derived, and 26 U.S.C. § 6012 requires the filing of returns by every individual with gross income for the year (with some exceptions). Dozens of cases have upheld the federal government’s power to collect income taxes against just about every argument.
But please don’t worry, we will assist you in getting your prior year’s tax returns filed. I suggest filling out a Form 2848 “Power of Attorney”. We will use the Power of Attorney to obtain your Wage and Income Transcript for each year from the IRS as a basis to see what is reported against you and what you have to file on each year’s tax return.
