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Lev
Lev, Tax Advisor
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Experience:  Taxes, Immigration, Labor Relations
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Why do indians have to pay taxes when the 14 Amendment clearly

Resolved Question:

Why do indians have to pay taxes when the 14 Amendment clearly does not apply to us.
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

Please be aware that the IRS emphasizes to taxpayers, promoters, and return preparers that there is no right to exemption from federal income tax for Native Americans under an unspecified "Native American Treaty." Any return position based on an unspecified "Native American Treaty" has no merit and is frivolous. As a general rule, Native Americans are subject to federal income tax just like every other American.
see for reference - http://www.irs.gov/irb/2006-15_IRB/ar09.html

Please see examples provided by the IRS.

 

The Fourteenth Amendment doesn't provide different treatment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

- http://www.law.cornell.edu/anncon/html/amdt14toc_user.html

 

Let me know if you need any help.

 

Customer: replied 5 years ago.

My complaint is this The main right of being a citizen is the right to vote.

Yet we (in some states were not allowed to vote)so the 14th amendment

does not apply to native americans.We are wards of the US. I have never

heard of a ward having to pay to be taken care of.So the IRS cant use the 14th

Amendment to tax us. When the Constution says except Indians not Taxed

Expert:  Lev replied 5 years ago.

Nobody likes o pay taxes....

The tax protest movement is well known.

http://www.foxnews.com/politics/2009/04/15/anti-tax-tea-party-protests-expected/

Some arguments are also known - for instance:

-- the income tax cannot apply to individual citizens, as that is a "direct tax" prohibited by the Constitution.

-- requirements to file income tax return is a violation of 4th Amendment rights

etc

 

The US constitution indeed doesn't even mention the income tax liability - and that is another argument against income tax liability.

All these arguments have a long history of court rulings.

I may suggest a nice collection here - http://evans-legal.com/dan/tpfaq.html

And these sites maintained by tax protest enthusiasts

http://www.truthattack.org/jml/index.php

http://taxfool.net/home

 

While you may argue differently - we all de-facto are required to pay income tax.

 

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 23168
Experience: Taxes, Immigration, Labor Relations
Lev and 2 other Tax Specialists are ready to help you

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