By Dan Murphy
This media outlet has extensively covered North White Plains resident Anthony Futia and his battle with the IRS. Futia has argued, through lawsuits, commentaries, and paid advertisements in this publication, that “there is no US law or regulation that legally obligates every American citizen to file returns, or makes them liable for the income tax.”
“The 16th Amendment to the US Constitution reads, “The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration,” does not require all Americans to pay a Federal Income tax. Only Federal employees are required to pay an income tax, claims Futia, and no law says every other American has to pay a Federal income tax.
During his dispute with the IRS, Futia has not paid his Federal income tax since 2014. The IRS attempted to collect the taxes Futia did not pay by filing a Notice of Lien with the New York State Comptroller’s office.
Futia is retired after 45 years working for the Town of North Castle. His pension is through the NYS Retirement system, overseen by the NYS Comptroller.
In 2023, the Comptroller’s office and NYS Comptroller Tom DiNapoli accepted the Notice of Lien from the IRS. Over three years, the IRS began garnishing 84% of Futia’s pension.
In a lawsuit against NYS Comptroller Tom DiNapoli, filed in NYS Supreme Court, Westchester County, Futia states that he is suing DiNapoli personally because “When the defendant (DiNapoli) violated plaintiff’s (Futia) inalienable rights, he lost immunity (as an officer of NYS).”
Futia’s legal arguments about his case are:
I- that as a “stakeholder in the NYS Common Retirement Fund…DiNapoli violated the plaintiff’s Employer-sponsored retirement account” by permitting the IRS to access Futia’s account without a Lien. DiNapoli “knowingly violated plaintiff’s trust (account)by accepting a “Notice of Lien,” which is not a lien and was not served by a Sheriff, as required by law. The defendant then shared the plaintiff’s data and property with a third party (IRS).”
II- Futia and all state employees’ retirement accounts are not subject to an IRS lien.
III- IRS guidelines stipulate that they can only garnish up to 15% of a citizen’s income to pay their outstanding tax debt per year. In this instance, the IRS took up to 84% of Futia’s pension for three years.
“When the plaintiff approached the defendant concerning the breach, the defendant refused to talk with the plaintiff…The defendant also directed his staff not to help and tell the plaintiff to Go Away!”
“There is no lien record in the US District Court as required by law; nor is there a lien filed with the Westchester County Clerk, nor is there a lien filed with the Westchester County Sheriff.
“IRS Collection Process Chapter 11 states, “Retirement and benefit income is exempt from levy. “The Comptroller’s website reiterates this: “The IRS cannot levy Employer-Sponsored Retirement Accounts.”
After trying to speak to Comptroller DiNapoli concerning this matter concerning the unlawful breaching of Trust (Futia retirement account) and his refusal to address his unlawful actions, my only solution is to take the issue to the NYS Supreme Court for justice,” said Futia.
“And I want my case tried here in Westchester, my home county, which is my right.”
“Mr. DiNapoli allowed the IRS to try and destroy me by taking almost all of my retirement income for more than two years. Like many famous American movie stars and athletes, the IRS wants to make an example out of me. But I’m not backing down. I want my day in court.” They need the money they take in from the illegal income tax. Martha Stewart, Pete Rose, and Joe Louis are some of the more famous Americans that the IRS went after. I’m just a regular Navy Veteran who is taking a stand against tyranny. We should not be afraid of our government.”
Futia’s Federal lawsuits against the IRS have been rejected by lower court judges and last year; the USSC refused to hear his case.
“The following New Yorkers are not required to pay a personal income tax. All New York State police officials and officers; All New York State village, town, city, county, and state employees, and most Citizen residents of New York State. As a former NYS Town employee, I am not required to pay Federal Income Tax. This is my central argument,” said Futia.
So how does the government “force you” as Futia claims to waive your fifth amendment (Miranda) rights as -you do-each time you sign and file your tax return under oath? “There is no statute or federal law that requires Americans to pay federal income taxes. When you file or sign a W-4, you do so voluntarily. Only Federal employees must file and pay federal income taxes. For the rest of us, no law requires us to do so,”
“I have submitted to the Greene County Sheriff documents and video exhibits of IRS fraud and corruption for safekeeping and investigation in case of my death and for possible charges filed with his department against the state comptroller,” said Futia, whose organization, We The People of New York, Inc. (website: wethepeopleny.org), has a wealth of information on this topic online. \
We wish Mr. Futia a speedy recovery from his recent stay in the hospital.
