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
Apr 25, 2026 7:55 PM

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
The soul of civil society
Bob Woodson of National Center for Neighborhood Enterprise fame taught me a lot about strategic partnerships. In the interest of getting something important done for needy people, it’s ok to invite others with good contributions to make to join you, despite disagreements with them on other issues. Good advice. And on the 50th anniversary of Dr. Jonas Salk’s vaccine and Dr. Albert Sabin’s oral polio vaccine, Rotary International demonstrates an impressive strategic partnership with the Global Polio Eradication Initiative, partnering...
A book the next pope should read
What one book would you send to the next pope to read? William Rees-Mogg has decided what his “inaugural present” would be: The Wealth of Nations by Adam Smith. ...
Taxes and tuition: families squeezed by rising costs of religious education
136 Catholic schools were closed nationwide in 2004, even as the Catholic population in the United States has been rising. Kevin Schmiesing writes that “the economic bind that religious schools and their students increasingly find themselves in highlights an injustice at the heart of American education.” Read the full text here. ...
A ‘Litmus Test’ for charities?
There are some problems in parts of the charity sector. The problems are with charities that HAVE enough money to scam somebody or shift an inappropriate perk to a board member. There’s not much talk about the charities that never saw that kind of resource and never will. Government officials always think that more regulation is the answer, but it’s scary when the private sector supports that link. Six of America’s major foundations have financed Electronic Data for Nonprofits (EDIN)...
Homiletics award deadline approaches
There is one week to go to enter the 2005 Homiletics Award. Seminarians and graduate students in degree programs preparing them for preaching and teaching ministries are eligible. All entries must be postmarked by April 18. This year’s topic is “The Warning to Rich Oppressors” from James 5:1-6. More details here. ...
Received into the Church by Pope John Paul II
What follows below is a narrative by Kishore Jayabalan, director of the Acton Institute’s Rome office (Istituto Acton): “My journey to the Catholic Church began in a very simple way, tried and tested over the centuries in just about every country of the world: Catholic schools. Like my non-Catholic parents in India, I was educated by priests, nuns and laypeople, first at St. Mary’s Queen of Angels in Swartz Creek, Michigan, then on to Luke M. Powers Catholic High School...
‘With God all things are possible’
Matthew 19:23-26 (New International Version) Then Jesus said to his disciples, “I tell you the truth, it is hard for a rich man to enter the kingdom of heaven. Again I tell you, it is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of God.” When the disciples heard this, they were greatly astonished and asked, “Who then can be saved?” Jesus looked at them and said,...
What is the legacy of Pope John Paul II?
When asked about the legacy of Pope John Paul II, Prof. Gregory R. Beabout responds “that the life and legacy of John Paul II is best understood in light of the history and culture of Poland.” The important distinctions between nation and state, culture and government, were operative both in Polish history as well as in the life of Karol Wojtyla. Read the full text here. ...
Saul Bellow’s Henderson the Rain King
Saul Bellow died last week at the age of 89. He wrote the novel that was most influential and deeply important in my life, Henderson the Rain King. In this book, Bellow engages the hollow atheism at the heart of the modern secular world. Beginning as a larger-than-life American millionaire in a society bereft of meaning, Eugene Henderson embarks on a spiritual journey to find purpose in his life. After many misadventures, Henderson finally arrives at a point where he...
‘Slave markets’ and Africa’s development
This exchange came yesterday via NPR’s Morning Edition, as Renພ Montagne interviewed Cardinal Roger Mahony, the archbishop of Los Angeles… RENಞ MONTAGNE: Interesting, because of course, the notion of the vibrancy of the Church in the Southern Hemisphere. Just as an example, you were in Africa, what did you hear that mattered to them that might even surprise Americans? CARDINAL MAHONY: Well, that their concerns are the impact of globalization, for example. International corporations headquartered in the United States purchase...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved