- 13 - "obtuseness". See Coleman v. Commissioner, 791 F.2d 68, 72 (7th Cir. 1986) (quoted in Talmage v. Commissioner, T.C. Memo. 1996- 114). That misunderstanding arises from a false distinction between the way in which some taxes are determined and collected without the filing of a return, as by stamp or at the point of sale, and our self-assessment system of filing income tax returns in which taxpayers are required in the first instance to compute and report to the Government the amount of their taxable income and the resulting tax liability. But, as Judge Learned Hand pointed out in his famous aphorism about income tax avoidance in Commissioner v. Newman, 159 F.2d 848, 850-851 (2d Cir. 1947): Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant. [Emphasis supplied.] Again, the notion that the tax on the income from employment or labor of a human being is an unconstitutional tax on his existence, and that only artificial entities such as corporations, formed and continued by State action, can be subjected to income tax, is, in this day and age, even when alternative approaches to raising revenue are receiving legislative consideration, too quaint to require extended discussion. In this connection, petitioners' notion that common speech restricts the term “person” to artificial persons is justPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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