Tony Futia
By Dan Murphy
In a December 12, 2022, USA Today’s Hannah Hudnall wrote a story with the headline -Fact check: The Constitution requires American citizens to pay income taxes.
The story focused on refuting the claim that -There are no laws requiring American citizens to pay income taxes.
Westchester resident Tony Futia disagrees with Hudnall’s Fact Check. Futia has cases filed in Federal and NY State Court to argue that There is no statute or federal law that requires Americans to pay federal income taxes.”
In her story, Hudnall writes, “As the end of the tax year nears, some social media users are sharing a video that claims Americans have no legal obligation to pay taxes. The video, which appears to have originated on TikTok, features interviews with three people identified as former Internal Revenue Service agents who claim that no law or statute states Americans must pay income taxes…The original Nov. 19 TikTok garnered more than 100,000 likes. Versions of the claim have been widely shared on Facebook and Instagram.
Futia Response: The video did not originate on TikTok. The video came from a movie titled, America: Freedom to Fascism (2006), by producer Aaron Russo. In the documentary, Russo expresses his concern about the federal government’s refusal to answer any questions relative to the legality of federal income tax.
“As a member of the board of directors of We The People for Constitutional Education Inc, I can verify that Russo’s documentary is a thoroughly researched, thought-provoking clarion call for the masses to wake up before it is too late”.
Note: The videos that Hudnall refers to on TikTok and Facebook have been removed.
The Movie -America: Freedom to Fascism, can be found on YouTube at https://www.youtube.com/watch?v=oi7o_UCsD_g, and for purchase on Amazon at
https://www.amazon.com/America-Freedom-Fascism-Michael-Ruppert/dp/B000JVSUSE.
For more Questions and answers go to: http://www.supremelaw.org/sls/31answers.htm.
II-Hudnall writes, “The 16th amendment of the constitution ratified in 1913, established Congress right to impose a federal income tax, according to the national archives and records administration.”
Futia Response: If Hannah Hudnall had fact checked the archives, she would have discovered that less than 10 of the 48 states ratified the 16th Amendment in 2013. Note: Alaska and Hawaii were not yet states.
III-Hudnall writes, “Title 26 of the US code, allows Congress to delegate the enforcement of these laws(known as the internal revenue code) to the IRS according to a pamphlet, published by the IRS titled” why do I have to pay taxes?”
For example, section 6702 of the internal revenue code authorizes the IRS to impose a $5000 penalty against those who have submitted” frivolous” tax documents, the pamphlet says. The term.” frivolous.” in this case refers to” A desire to delay or impede the administration of federal tax laws,” according to the IRS.
Futia Response: Section 6702 of the Internal Revenue Code is not law. Congress cannot delegate the power to make law to a department head. A federal regulation cannot create a specific liability when no specific liability is created by the corresponding statute. The US Constitution vests all legislative power in the Congress of the United States. This means that agencies of the executive branch, and the federal courts in the judicial branch, are prohibited from making law.
Futia said that one of the federal cases, Case number 23-860, “could be a precedent setting case on the meaning of the last 10 words of the first amendment ( “and to petition the government for a redress of grievances.”)
“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 also claims that a lien placed on his pension income was improperly filed. “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.”
