Tony Futia“The question of the legality of the personal income tax is now in the
Federal and State courts,”
By Dan Murphy
One year ago, we reported on Westchester resident Tony Futia and his refusal to pay his federal income tax, based on his and the belief of his organization called, We The People, that there is no law that requires most US citizens in the 50 states to pay their Federal Income Tax.
“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, there is no law that requires us to do so,” said Futia, who served our country in the Navy and worked for 45 years in the Town of North Castle, and served on the Valhalla School Board.
Futia has not filed a Federal Tax Return since 2014, nor has he paid his Federal Income Taxes during this time. He calls the payment of income taxes “voluntary” for most Americans.
For the past 8 years, Futia has tried to get his day in Federal Court, to debate the legitimacy of his argument. The IRS did not take action against Futia until last summer, after a number of stories and paid advertisements by Futia and the group that he co-founded We The People for Constitutional Education, published in this paper and online at Yonkerstimes.com.
In July of 2022, the IRS began freezing Futia’s bank accounts and began to file liens against his income. The total amount of taxes, fines and penalties that the IRS claims Futia owes is more than $500,000.
Futia claims that the liens filed against him were improperly served, and he has filed another legal action, against those who processed the liens, including two IRS agents, two banks, Westchester county clerk Tim Idoni and the Social Security administration in New York state supreme court -case number 50064- 2023.
“A notice of lien is not a lien. The county clerk’s office should have rejected the lien because it was improperly filed and requires a court order from a judge,” said Futia. We contacted Westchester County Clerk Tim Idoni, who said, “We have a policy of not providing responses to questions regarding pending litigation.”
Futia, and We The People want their day in court to argue that the 16th Amendment to the US Constitution, ratified in 1913, does not require every American to pay a federal income tax. The amendment establishes “Congress’s right to impose a Federal Income Tax.” Prior to 1913, there was no Federal Income Tax in the US.
“The TRUE holding by the Supreme Court in Brushaber, is that the 16th amendment- Did not amend the constitution; Did not authorize a direct, unapportioned income tax; Did not grant Congress any additional Taxing authority.—— none and, it’s soul effect is to prohibit the Supreme Court from considering the source of income and determining whether an income tax is direct or indirect,” said Futia, who explains that when most of us file our federal taxes, we do so voluntarily and the IRS reviews what you have agreed to pay and audits you if their figure don’t agree with your figures. Most of the challenges from the IRS come in the form of underpayment from those who filed a return.
Futia added that there are tens of thousands of Americans who, for one reason or another, don’t file their income taxes, and the IRS isn’t sure how to proceed. Futia wanted to force the issue and debate the legal merits in court, which is what he now has in the matter of Anthony Futia Jr. vs The United States, Case# 22-cv-6965.
Futia explained the reason for his legal case and refusal to pay his income taxes in a new commentary to our publications. “The Constitution requires an income tax on labor to be apportioned. One of the main and least understood problems with the personal income tax is that the IRS has authority only over a certain distinct class of people, those involved in alcohol, tobacco, firearms manufacturing, government employees, law enforcement, law enforcement officers and the private people who have a contract with any federal or state government to do business/commerce with those legal entities.
VICTORY TAX ACT
World war II was a golden opportunity for our government to commit fraud on the American people. Americans were willing to sacrifice almost anything if they thought that financial support would win the war. In that atmosphere, Congress passed the Victory Tax Act. It mandated an income tax for the years, 1943 and 1944 to be filed and paid in the years 1944 and 1945. The Victory Tax Act automatically expired at the end of 1944. The federal government, with the clever use of language, created the myth that the tax was applicable to all Americans after the Victory Tax had expired. Because of their ignorance of the law and their patriotism, American citizens of the states continue to pay a federal income tax, even though they were not required to pay under our Constitution.
Federal Power Limited
The statement, “that because the income tax was an excise tax, it was legal,” is not true. The power of the federal government is LIMITED TO IT’S OWN POSSESSIONS as stated in the Constitution; such as: employees of the federal government, residents of the District of Columbia, military bases, virgin islands, Puerto Rico, territories, and insular possessions. The above are lawfully required to file and pay – others can pay but it is voluntarily.
Citizens of the fifty states, unless they work for the United States government, are not required to pay a federal personal income tax.
“The question of the legality of the personal income tax is now in the Federal and State courts. If we still have a valid NYS and Federal constitution, I am confident I will win these cases at trial in both federal and state court,” writes Futia, who will be educating our readers more on this issue in the weeks to come.
