Many of the internet forums that discuss political issues have posters who are prone to criticizing much of the U.S. government’s activities. Similarly, my wife and I are often critical, as we have observed the ongoing and incessant erosion of the peoples’ rights to their liberty and property. A good example of the government tyranny is the recent Supreme Court OPINION which basically said that peoples’ private property can be taken for private use. On the various internet forums, I have seen the question asked, “Other than criticizing the government, what are you doing to affect change?”
I have often been asked this question or a similar question by my friends and family members who have heard my criticisms of the creeping tyranny known as government. My answer to this is that my wife and I are resisting the tyranny in a number of ways. Among them are our challenges to the IRS and to the office of the County Tax Assessor-Collector here in Austin, Texas where we live.
Let me begin by summarizing our dispute with regard to the property tax issue. For my entire working life, I have dutifully paid the alleged property tax “obligation” without inquiry. Heretofore, I had never exercised due diligence by independently researching the issues involving the government’s authority to tax private property. That is, until Year 2003, when I began to ask questions in written letters, sent via U.S. certified mail. The questions that I asked were appropriate and legitimate – all based upon the Texas Open Records Act, which requires a response from the government.
I asked the Tax Collector to cite the law that compelled my compliance with the county’s tax bill. I questioned the government’s apparent non-compliance with its own “laws.” For example, Travis County does not adhere to the law regarding Chapter 25 of the Texas Tax Code. In general, for a property to be taxed, there must be a rendering, followed by an assessment, followed by a tax bill. None of these 3 procedural requirements was met in my case. There was only an Appraisal and a Tax Statement sent to me, neither of which met the code requirements in form or substance of a Rendering, Assessment, and Tax Bill. I submitted written questions about this. I also asked how the various Taxing Units (i.e., school districts, fire department, etc.) acquired the authority to lay and collect taxes, since only the legislative branch has this authority and cannot delegate it to another. In addition, I discovered that the “lay and collect taxes” clause (power) was not even a part of the Texas Constitution. The language had been removed following the Civil War during the Reconstruction Acts. Moreover, the language of the Texas Constitution expressly prohibits the levying of ad-valorem (property) taxes.
Nonetheless, I never disputed the government's authority or the tax it imposed. I simply asked questions – with the expectation that my “servant” government would furnish the answers and provide the relevant citations that supported its alleged lawful authority to lay and collect this property tax. I conditionally accepted every correspondence that it sent to me – on the condition that it would show me the law. I indicated that I fully intended to pay all lawful taxes that applied to me or my property, and would do so as soon as the government responded to my specific and legitimate questions. In all of my correspondences, I asked fewer than 10 different questions combined. I asked them repeatedly.
The government never provided one specific answer or one responsive reply. In most cases the government never responded at all. The message from my “servant” government was, “Shut up and pay up!” The only exception to this was a single instance in which the County Appraiser admitted in writing that no one had rendered my property for taxation.
My property tax matter could have been settled in 5 minutes, if the government had just answered my questions. I would have done what I have always done and opened up my check book, written a check, and been done with it for another year. But my “servant” government failed to respond in any meaningful way. The government’s actions proved to me that it is not accountable to the people. It is our master and we dare not question its authority. The government’s non-responsiveness created a dispute that probably used hundreds of man-hours of government’s time and at least that much of my time.
What began as a few questions turned into an 18-month-long dispute and progressed until the County Attorney placed our home on the FORECLOSURE list, without the government ever having answered a question. In actuality, there was no way Christine and I were going to allow a foreclosure to occur, since we had paid cash for the house when we purchased it new in 1999. With no debt on the house, we would never jeopardize losing the property over a relatively small tax sum (2% of the home’s value) covering one year.
Prior to the impending foreclosure event, I met with the County Attorney and we temporarily resolved the Year 2003 dispute. As such, the home was promptly pulled from the foreclosure sale. However, this matter is going to come up again for Year 2004 and every single year into the future, unless and until the government exercises accountability and provides answers to the legitimate questions I have asked – questions that I have every Right to ask and that the government is required to answer as per the Texas Open Records Act.
Believe me, it is easier, less expensive, and much less stressful to just write the damn check and be done with it. However, there is a principle involved here and I encourage everyone to begin asking questions and demanding accountability from the bureaucrats in government.
In addition to the property tax matter, I have begun the same process with the IRS. For over 30 years, I dutifully filed a Form 1040 and without question paid the taxes, never asking what tax law applied to me. However, recently, I have asked legitimate questions and IRS has refused to answer. One of the questions I asked is the same one that Joe Bannister asked – "Show me the law that requires me to file a Form 1040 and sign it under penalties of perjury, and that requires me to pay an income tax.” The IRS could not show Bannister that law. Let’s see if they can find it for me. If they can (and they haven’t so far), there will be no dispute. If they can’t, we’ll duke it out year after year.
Through these travails I have learned much. I now believe, with the help of some friends who are outstanding legal researchers and strategists, along with perseverance on my part, that we are moving closer to making these government agencies either answer our questions or relent on their collection efforts. I understand the lawlessness and awesome power of government, so I have no delusions about a successful outcome. Nevertheless, I feel compelled to exercise my obligation of due diligence. I encourage all to conduct your affairs with government in a way that demands its accountability.