7/4/01  Times Union  (Albany, NY)

Activist wants IRS to save his life

Albany-- Bob Schultz is on hunger strike and says he is prepared to die over

income tax cause.  By JAY JOCHNOWITZ, State editor

First published: Wednesday, July 4, 2001

 

Bob Schulz won't be scarfing down hot dogs this Fourth of July, as one of

New York's best known activists is on a hunger strike to demand the U.S.

government engage in a debate over whether it can legally tax people.

Schulz, who says he began a water-only fast Sunday, insists he will starve

himself to death if the Internal Revenue Service doesn't agree to meet in a

September forum to publicly debate the government's power to collect income

tax and require employers to withhold taxes from workers' pay.

"What I'm doing is a measure of my devotion to the Constitution, the Bill of

Rights and the rule of law,'' Schulz told two reporters who showed up for

his news conference at the Leo O'Brien Federal Building. It was his first

stop on a two-day trip that will include New York City, Trenton,

Philadelphia, Baltimore, and Washington D.C.

The IRS had no immediate response to Schulz's hunger strike but said its

power to collect taxes has been upheld by the courts.

"For decades the courts have consistently upheld the constitutionality of

the tax system,'' said spokesman Laurie Ruffino. Schulz, he said, should

take his case to "the people who make and interpret the laws, not the people

who enforce them.''

The fast is one of the more dramatic efforts by members of a national "tax

honesty'' movement that challenges the income tax system. The cause has been

associated with the "patriot'' and sometimes violent anti-government

movements, although Schulz said, "I see myself as preventing violence. ... I

am doing everything I know how to do, short of breaking things and killing

people.''

Adherents of the movement argue that the 16th Amendment, which allowed

direct taxation of citizens, was improperly ratified in 1913 because many

states listed as approving it either voted against or violated their

constitutions in the way they handled ratification.

Without the amendment, some argue, the Constitution requires the government

to levy states, not individuals, on the basis of the latest census. Some go

further, suggesting wages are not legally income, that most U.S. citizens

are exempt, and that signing a 1040 violates the 5th Amendment right against

self-incrimination.

The IRS disagrees and last week issued a release listing seven recent cases

in which courts fined people, from $500 to $25,000, for bringing frivolous

lawsuits using such arguments.

Schulz says the government fears that if states were directly levied, they

would object paying for federal programs that they could handle themselves.

Schulz is traveling with several friends sporting jackets with the words

"Tyranny Response Team.'' They hand out fliers about his fast with the

headline, "This Man Will Die Unless You Act. Now.'' His van pulls a trailer

with a billboard on it summarizing his position and bearing this slogan:

"One Man Hungers/A Nation Prays/As America Watches.''

As for the Sept. 18 date of his proposed forum, Schulz said it seemed to

give both sides time to prepare, but that it's "negotiable'' if the IRS

prefers a different day.

On the Web: A sampling of "tax honesty'' and other anti-tax sites:

http://www.givemeliberty.org

http://www.taxableincome.net

http://www.devvy.com 

 http://www.taxgate.com