Home
/
RELIGION & LIBERTY ONLINE
/
Just Render Unto Caesar Already: The IRS and Frivolous Tax Arguments
Just Render Unto Caesar Already: The IRS and Frivolous Tax Arguments
Feb 23, 2026 9:42 AM

In an attempt to trap Jesus, some Pharisees and Herodians asked him, “Is it lawful to pay taxes to Caesar, or not? Should we pay them, or should we not?” In response, Jesus said,

“Why put me to the test? Bring me a denarius and let me look at it.” And they brought one. And he said to them, “Whose likeness and inscription is this?” They said to him, “Caesar’s.” Jesus said to them, “Render to Caesar the things that are Caesar’s, and to God the things that are God’s.”

The Pharisees and Herodians “marveled” at Jesus answer, but had they asked an agent of the Roman IRS they likely would have been given a similar answer.

Governments have always had to contend with citizens who make what are considered “frivolous tax arguments” to plying with tax laws. Such arguments rarely work (it’s usually not effective to try to present a creative interpretation of tax law to the people who interpret tax laws) but people keep trying.

The IRS has an entire list of responses to the mon frivolous tax arguments. Here are four of my favorites:

1. Contention: The filing of a tax return is voluntary.

Some taxpayers assert that they are not required to file federal tax returns because the filing of a tax return is voluntary. Proponents of this contention point to the fact that the IRS tells taxpayers in the Form 1040 instruction book that the tax system is voluntary. Additionally, these taxpayers frequently quote Flora v. United States, 362 U.S. 145, 176 (1960), for the proposition that “[o]ur system of taxation is based upon voluntary assessment and payment, not upon distraint.”

The Law: The word “voluntary,” as used in Flora and in IRS publications, refers to our system of allowing taxpayers initially to determine the correct amount of tax plete the appropriate returns, rather than have the government determine tax for them from the outset. The requirement to file an e tax return is not voluntary and is clearly set forth in sections 6011(a), 6012(a), et seq., and 6072(a)

2. Contention: Federal Reserve Notes are not e.

Proponents of this contention assert that Federal Reserve Notes currently used in the United States are not valid currency and cannot be taxed because Federal Reserve Notes are not gold or silver and may not be exchanged for gold or silver. This argument misinterprets Article I, Section 10 of the United States Constitution. The courts have rejected this argument on numerous occasions.

The Law: Congress is empowered “[t]o coin Money, regulate the value thereof, and of foreign coin, and fix the Standard of weights and measures.” U.S. Const. Art. I, § 8, cl. 5. Article I, Section 10 of the Constitution prohibits the states from declaring as legal tender anything other than gold or silver, but does not limit Congress’ power to declare the form of legal tender. See 31 U.S.C. § 5103; 12 U.S.C. § 411. In an opinion affirming a conviction for willfully failing to file a return and rejecting the argument that Federal Reserve Notes are not subject to taxation, the court stated that “Congress has declared federal reserve notes legal tender . . . and federal reserve notes are taxable d

3. Contention: Taxpayers can refuse to pay e taxes on religious or moral grounds by invoking the First Amendment.

Some individuals or groups claim that taxpayers may refuse to pay federal e taxes based on their religious or moral beliefs, or an objection to the use of taxes to fund certain government programs. These persons mistakenly invoke the First Amendment in support of this frivolous position.

The Law: The First Amendment to the United States Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The First Amendment, however, does not provide a right to refuse to pay e taxes on religious or moral grounds or because taxes are used to fund government programs opposed by the taxpayer. The First Amendment does not mercial speech or speech that aids or incites taxpayers to unlawfully refuse to pay federal e taxes, including speech that promotes abusive tax avoidance schemes.

4. Contention: The “United States” consists only of the District of Columbia, federal territories, and federal enclaves.

Some individuals and groups argue that the United States consists only of the District of Columbia, federal territories (e.g., Puerto Rico, Guam, etc.), and federal enclaves (e.g., American Indian reservations, military bases, etc.) and does not include the “sovereign” states. According to this argument, if a taxpayer does not live within the “United States,” as so defined, he is not subject to the federal tax laws.

The Law: The Internal Revenue Code imposes a federal e tax upon all United States citizens and residents, not just those who reside in the District of Columbia, federal territories, and federal enclaves. The Supreme Court has “recognized that the sixteenth amendment authorizes a direct nonapportioned tax upon United States citizens throughout the nation, not just in federal enclaves.” United States v. Collins, 920 F.2d 619, 629 (10th Cir. 1990) (citing Brushaber v. Union Pac. R.R., 240 U.S. 1, 12-19 (1916)). This frivolous contention has been uniformly rejected by the courts, and the IRS warned taxpayers of the consequences of making this frivolous argument. Rev. Rul. 2006-18, 2006-1 C.B. 743.

“Like moths to a flame, some people find themselves irresistibly drawn to the tax protester movement’s illusory claim that there is no legal requirement to pay federal e tax. And, like moths, these people sometimes get burned,” said a federal court in the case of United States v. Sloan. Burned, indeed: If you file a frivolous tax return you can be fined up to $100,000 and imprisoned up to five years.

So if you’re ever tempted e up with a creative reason for avoiding paying federal taxes, you’re better off just following Jesus advice and “render unto Caesar” before Caesar renders unto you.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
5 Facts about food stamp programs
Last week the U.S. Department of Agriculture (USDA) proposed a measure it claims will close a loophole that allows states to make participants receiving minimal Temporary Assistance for Needy Families (TANF) benefits automatically eligible to participate in USDA’s Supplemental Nutrition Assistance Program (SNAP). Acting Deputy Under Secretary Brandon Lipps said the proposed rule would result in saving an average of $2.5 billion per year. Here are five facts you should know about food stamp programs like SNAP. 1. The first...
Unemployment as economic-spiritual indicator — July 2019 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight thelatest numberswe need to know...
Why has the West’s integration of reason and faith fallen apart? An interview with Samuel Gregg
Pathologies of reason and faith have greatly affected history. Pathologies of reason are defined by an abandonment of God in search of truth, resulting in a prioritization of empirical data and the natural sciences to gain knowledge. Likewise, pathologies of faith are characterized by an abandonment of reason, or Logos, resulting in sentimental humanitarianism, seen even the spread of moral therapeutic deism currently present in the Church. “In the end, these pathologies proceed from mistaken conceptions of God,” says Samuel...
Democrats demonize corporations in second debate
Last night was the second night of the Democrats’ second primary debate. It is the last some candidates will appear on stage, as they likely won’t meet the higher threshold for the third debate in September. But I’ve forgotten all their names already anyway, so lets focus on someone who will be returning: corporations. (Cue spooky thunder sound effect.) While, of course, everyone took aim at President Trump throughout the debate, many candidates spent as much time going after corporations,...
The integration of reason and faith is what defines the West, says Samuel Gregg on Ave Maria Radio
The West is defined by more than just ideas such as freedom, dignity and equality, Samuel Gregg recently remarked in an interview about his new book, “Reason, Faith, and the Struggle for Western Civilization.” “I think at the core of the very identity of the West…is the notion that human beings are wired for truth, that we can engage in reasoned inquiries in search of truth,” he said. “This rational inquiry into truth and emphasis on freedom as self-mastery, ultimately...
Acton Line podcast: The reality of a $15 minimum wage; Should big tech be regulated?
On July 18, the Raise the Wage Act passed the U.S House of Representatives, a bill that would double federal minimum wage by 2025. Members of Congress who support the bill believe it will increase pay for 27 million workers and lift over one million people out of poverty, but those opposed to the bill say it would cause millions more to lose their jobs. Dave Hebert, professor of economics at Aquinas College, joins the podcast to dispel some of...
Is Pete Buttigieg right that opposing a $15 minimum wage ‘taunts’ God?
Are those who oppose raising the minimum wage to $15 an hour transgressing the Scripture and mocking the Lord God Almighty? One might get that impression from watching Tuesday night’s Democratic presidential debate, when one of the participants explicitly made that argument. The allegation came when South Bend Mayor Pete Buttigieg offered his exegesis ofProverbs 14:31. “[T]he minimum wage is just too low,” Buttigieg said. “And so-called conservative Christian senators right now in the Senate are blocking a bill to...
Simon Leys on Christopher Hitchens, Mother Teresa & “The Empire of Ugliness”
One of my favorite contemporary writers is Theodore Dalrymple, whose essays I first discovered in The New Criterion about 20 years ago. He wrote that one of his favorite writers, who also had a pen name, was the essayist and critic Simon Leys who died in 2014. I would never e across his work without Dalrymple’s mendation. Recently I finally got around to reading some of Leys’ essays with a mix of delight and disappointment that I had not discovered...
Protecting farmers or crony capitalism?
Reuters reported today that a large portion of US farm aid went to the wealthiest farmers and advocacy group. More than half of the Trump administration’s $8.4 billion in trade aid payments to U.S. farmers through April was received by the top 10% of recipients, the country’s biggest and most successful farmers, a study by an advocacy group showed on Tuesday. Highlighting an uneven distribution of the bailout, which was designed to help offset effects of the U.S.-China trade war,...
America’s unfortunate debt consensus
In an age of deep partisanship and political division, there’s one thing about which America’s political class appears to agree—the public debt being incurred by the U.S. Government. This year, the United States Treasury expects to issue about $1.23 trillion in debt, down slightly from the $1.34 trillion issued in 2018. This was more than double the $546 billion of debt issued in 2017. For all their talk among the fiscal conservatives that can be found on both sides of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved