Bitcoin, the IRS, and the laws of the land.....

[gitm]

Looking for some help from my fellow american taxpayers.


So I have spent about a week looking into this new IRS declaration, and have become puzzled.  This is why I write to you folks for help.

If the 16th Amendment states:

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration."

Now I have gone through every legal document from congress and can't find anything that was passed declaring bitcoin as property.  So if congress didn't declare it, then how can the IRS tax it?  They don't have the power to declare it as taxable, as that is Congress's job.

Am I wrong on this, or can you folks help me with find supreme court cases or legal documents that makes taxing a bitcoin constitutional?

Please provide any legal documents or reference to such information to back up what you have found.

[1715269909]

1715269909

[1715269909]

1715269909

[1715269909]

1715269909

[prolixus]

It's pretty simple. "Property" is a general term which doesn't need to have every particular example enumerated. Realized gains on the sale of property are subject to taxes in the US. Anything whatsoever that fits the definition of property, i.e. anything which can be owned or possessed is subject to taxation.

Here's the only legal document you need to know the IRS applied the law correctly: http://www.law.cornell.edu/uscode/text/26/1001

[drew959]

I am wondering has the IRS "ruled" Bitcoin is property or is this their view?

I would think this is a legal question not a decision to be made by the IRS

[tunafish]

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration."

Now I have gone through every legal document from congress and can't find anything that was passed declaring bitcoin as property.  So if congress didn't declare it, then how can the IRS tax it?  They don't have the power to declare it as taxable, as that is Congress's job.

You have gone through every legal document from congress? That's incredible, how many years did it take you?
Anyway, "Shall have power to lay and collect taxes on incomes, from whatever source derived" so yes they can. As for the IRS not being able to, I'm surprised you don't know this Mr. I read every law ever, but Congress has authorized the IRS to create rules and rulings to define what is and what isn't income, thus this power has been delegated to the IRS much in the same fashion that different powers have been delegated to each Federal agency.

Am I wrong on this, or can you folks help me with find supreme court cases or legal documents that makes taxing a bitcoin constitutional?

You didn't hear about the SCOTUS bitcoin case? The justices ruled 5-4 that if the coins were mined on a computer that touched Clarence Thomas' balls then there is a 100% tax on them and the FBI will take them from you by force...dunno how you missed that.

I am wondering has the IRS "ruled" Bitcoin is property or is this their view?

I would think this is a legal question not a decision to be made by the IRS

Both? If you don't think the IRS has this authority then file a suit against them stating they don't have the authority.

[Sage]

Are you honestly under the illusion the IRS abides by the laws of the land?

There's a reason they are incorporated in Puerto Rico & not in the USA mate.

[tunafish]

Are you honestly under the illusion the IRS abides by the laws of the land?

There's a reason they are incorporated in Puerto Rico & not in the USA mate.

...
Why would any federal agency need to be incorporated? You do realize the IRS is a federal agency and not a public/private corporation and thus would not be (or required to be) incorporated to operate within the U.S.?

Sounds like a load from a chain email from 1996 or some similar garbage. 

[Sage]

Are you honestly under the illusion the IRS abides by the laws of the land?

There's a reason they are incorporated in Puerto Rico & not in the USA mate.

...
Why would any federal agency need to be incorporated? You do realize the IRS is a federal agency and not a public/private corporation and thus would not be (or required to be) incorporated to operate within the U.S.?

Sounds like a load from a chain email from 1996 or some similar garbage. 

Because they aren't anymore "federal" then the federal reserve.

They are nothing more then the collection agency for the private Federal Reserve Bank.

Perhaps you should ask yourself why tax cases are tried in a tax court and not the criminal court.  The "laws of the land" are no more respected in a tax court then they are respected in Puerto Rico.

Do your research mate, they are incorporated in Puerto Rico.

It's the apathetic attitude you're displaying now that has allowed them to get away with such a blatant fraud for so long.