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How Far Does IRS Jurisdiction Reach?
By Darrin Mish of Law Offices of Darrin T. Mish, P.A.
How Far Does IRS Jurisdiction Reach? Being aware of how far and wide the reach of the IRS goes is a bit murky, and there are some people who attempt to walk around the law to avoid paying taxes. The IRS constitutionality and jurisdiction are normally questioned by tax "protesters." As a taxpayer, you should know the laws, so you do not end up having IRS problems in the future. Let's take a look at the extent and jurisdiction of the Internal Revenue Service. The authority provided to legal bodies or political leaders to enforce consequences and handle legal situations is called jurisdiction. The word is often heard on television shows or movies about crimes. The IRS is a bit more amorphous since it has jurisdiction over all the taxpayers in the US, as well as people who make any income in the US. If you fail to understand that you have responsibilities to pay taxes as a taxpayer, you will absolutely suffer IRS issues. The IRS, according to Title 26 of the Code of Federal Regulations: "The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue. The Commissioner has general superintendence of the assessment and collection of all taxes imposed by any law providing internal revenue. The Internal Revenue Service is the agency by which these functions are performed." So the IRS has jurisdiction over all taxes in all states that give revenue for the country, as well as over United States citizens residing in foreign countries or who earn money in foreign countries and non-residents who earn money in the US. IRS issues can ensue if you belong to one of these categories and fail to pay taxes on earnings, property, capital gains, and more. The IRS has no jurisdiction over certain people. In this excerpt from the case of Economy Plumbing and Heating Co. vs. The US, it explains that non-taxpayers are excluded from the IRS's rules and regulations: "The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to non-taxpayers. The latter are without their scope. No procedure is prescribed for non-taxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them [non-taxpayers] Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws." By visiting the IRS website or your state's tax website, you can avoid IRS problems and figure out if you're a non-taxpayer. To discredit the IRS jurisdictional powers, tax protesters regularly make many arguments. Some insist that the 16th Amendment was not ratified officially, so the IRS is unconstitutional. The 16th Amendment provides Congress the power to lay and collect taxes on income, and it was, in fact, officially ratified by the required three-fourth's majority of states. Another argument is that the IRS isn't a government agency at all, and thus, has no jurisdiction or power over anybody. The Secretary of Treasury has power to enforce and maintain laws of internal revenue, making this a ridiculous argument. The IRS was started based on this authority. Arguments such as these can lead honest people to encounter serious IRS issues. Taxpayers are indeed under the jurisdiction of the IRS. You are under the jurisdiction of the IRS as a taxpayer. You'll encounter serious IRS issues if you fail to pay taxes and declare your income truthfully. Darrin T. Mish is a Nationally recognized Attorney whose practice focuses on representing clients across the United States with IRS Problems. He is AV rated by Martindale-Hubbel and is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. He has been honored by a listing in Martindale-Hubbel's Bar Register of Preeminent Lawyers. His passion is providing IRS help to taxpayers with both individual and payroll tax problems. He also spends a great deal of time traveling the nation providing training to attorneys, CPAs and Enrolled Agents on how to handle their toughest cases with the IRS. If you would like more information about his services please visit http://getirshelp.com. |
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