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
Mar 10, 2026 9:01 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
Spot the difference
Quick quiz: What’s the most obvious difference between the Ansari X Prize and the newly announced “H-Prize”? HT: Slashdot ...
China-Vatican dispute
It’s been in the news for a few days already, but the charges and countercharges continue to fly. Anyone familiar with Catholicism in China knows that the Vatican and the Chinese Communist government have been more or less at loggerheads ever since Mao Zedong drove Catholicism underground. At the heart of the dispute is the Vatican’s insistence on its right to appoint bishops; the Chinese government sees this as “foreign interference” in domestic affairs. The government’s Patriotic Association (PA) is...
Summing up stewardship
Daniel Son gives a nice summary of the Interfaith Stewardship Alliance (ISA) over at . Check it out. Christianity Today’s email update from today has a link for this piece, “A Climate of Change,” which reviews the current situation among evangelicals regarding environmental stewardship. And here’s a useful link to the CT Library archive of articles on the environment. ...
The Laura Ingraham Show – The Da Vinci Code
Rev. Robert Sirico joined Laura Ingraham’s radio show last week to talk about The Da Vinci Code. With the approach of the movie’s May 19 release, there’s quite a stir in munities. Many believers are trying to raise awareness that Dan Brown’s book and now the movie is a historical fiction -– not 100 percent factual history and definitely not theology. A few munities are calling for a boycott of the movie, and others are engaging in Da Vinci Code...
The birds and the bees
For some reason, I get the impression that both Russian President Vladimir Putin and the editorial board of the NYT need a lesson in the birds and the bees. The NYT criticizes Putin’s plan to address falling population levels in Russia “with a wide range of subsidies and financial incentives, along with improved health care, a crackdown on illicit alcohol, improved road safety and the like.” Thankfully for the future of humanity, the NYT has a different suggestion: “Perhaps another...
The shifting paradigm of scholarly publishing
My presentation a few weeks ago at the Drexel University Libraries Scholarly Communications Symposium went extremely well, all things considered. My talk was titled, “The Digital Ad Fontes!: Scholarly Research Trends in the Humanities,” and I was representing the liberal arts, particularly history and theology. Dr. Blaise Cronin, who was going to give the first lecture, took ill and was unable to attend. The attendees were quite interested in my presentation, and questions had to be cut off to maintain...
Free workers, free trade
You can read my piece today responding to an article in the New York Times over at National Review Online, “Free Workers & Free Trade.” The NYT piece passes on the allegations of numerous immigrant workers at garment factories in Jordan that they have been lured into the country, had their passports taken, and then forced to work long hours for illegally low wages. There’s an implicit critique of the free market system, and large retailers like Wal-Mart and Target,...
High gas prices are good
You may have seen an op-ed in the NYT last week by Tom Friedman, who noted that when oil and gas prices go up, bad things happen in oil producing nations abroad. The tendency is for the oppressive regimes in oil producing nations to consolidate their power and be less responsive to the demands of their citizens when they have the added buffer of huge profits from the sale of oil. And domestically many have made the claim that rising...
Eyes without feeling, feeling without sight
ABC columnist and Temple professor John Allen Paulos has an interesting piece this week on a new paper outlining an economic theory of prostitution. Basically, the authors outline the incentives and patterns involved in the “world’s oldest profession” (a moniker I think is misleading, for the title truly belongs to gardening). I will let you read both the paper and the article yourself, because it is only Mr. Paulos’s conclusion I would like to discuss here: Like any statistical model,...
Corporatism redux: Latin America, the left, and the Church’s challenge
Many are alarmed as Latin American countries such as Venezuela and Bolivia veer toward leftist class-struggle politics and socialist economic policies. But, as Sam Gregg points out, the bination of state-authoritarianism, populism, nationalism and xenophobia — or “corporatism” — seen today in Latin America was also present in European fascist governments in the 1930s, and later during the regime of Argentina’s Juan Peron. One encouraging sign: Catholic leaders are now speaking out against this corporatist agenda. Read mentary here. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved