voluntary compliance:
An oxymoron meant to confuse Americans who are "nontaxpayers" into thinking
that they are "taxpayers". Voluntary implies that it is not compelled
and that there is no punishment for
not doing it.
They add the word compliance as a way to confuse the citizens into thinking
that they have to do it and will be punished for not doing it.
However, when used in the context of income taxes, what it means is
that you don't have to comply and don't have to volunteer to pay income
taxes.
Flora v. U.S., 362 U.S. 145 (1960)
“Our system of taxation is based upon voluntary assessment and
payment, not distraint.”
[Flora v. U.S., 362 U.S. 145 (1960)]
Mortimer Caplin, Internal Revenue Audit Manual (1975)
"Our tax system
is based on individual self-assessment and
voluntary compliance".
Internal Revenue Manual,
Chapter 1100, section 1111.1
"The purpose of the IRS is to collect the proper amount of tax revenues
at the least cost to the public, and in a manner that warrants the highest
degree of public confidence in our integrity, efficiency and fairness.
To achieve that purpose, we will encourage and achieve the highest possible
degree of
voluntary compliance
in accordance with the tax laws and regulations...".
Santo Presti, former
IRS Criminal Investigation Agent and author of "IRS In Action"
"Fear is the key element for the IRS in achieving its mission. Without
fear, the IRS would have a difficult time maintaining our so-called
system of
voluntary compliance
...". "Given the opportunity, the IRS will take the easy way out and
grab whatever it can... the IRS does not really care about you and what
your future....... may be".
March
29, 1974 Federal Register, Donald C. Alexander, Commissioner of Internal
Revenue:
"The mission of the
Service is to encourage and achieve the highest possible degree of
voluntary compliance
with the tax laws and regulations..."
[emphasis added]
Roger M Olsen, Assistant Attorney General, Tax Division, Department of Justice,
Washington D.C., Saturday, May 9, 1987 to an assemblage of tax lawyers
"We encourage
voluntary compliance
by scaring the heck out of you!"
SUPREME COURT CASES DEALING
WITH THE WORD "VOLUNTARY COMPLIANCE"
POLLOCK v. FARMERS'
LOAN & TRUST CO. [157
US 429]
COMMONWEALTH CORP. v. CASUALTY CO. [393
US 145]
MATHIS v. UNITED STATES [391
US 1]
SEE v. CITY OF SEATTLE, [387
US 541]
U.S. v. FIRST NAT. CITY BANK [379
US 378]
ATLANTA MOTEL v. UNITED STATES [379
US 241]
TEAMSTERS UNION v. MORTON [377
US 252]
FLORIDA AVOCADO GROWERS v. PAUL [373
US 132]
COMMUNIST PARTY v. CONTROL BOARD [367
US 1]
MINE WORKERS v. ARKANSAS FLOORING CO. [351
US 62]
AMERICAN POWER & LIGHT CO. v. SEC [329
US 90]
BUCKLEY v. VALEO [424
US 1]
JOHNSON v. RAILWAY EXPRESS AGENCY [421
US 454]
EMPORIUM CAPWELL CO. v. COMMUNITY ORG. [420
US 50]
ALEXANDER v. GARDNER-DENVER CO [415
US 36]
TRAFFICANTE v. METROPOLITAN LIFE INS. [409
US 205]
UNITED STATES v. ALLEGHENY-LUDLUM STEEL [406
US 742]
UNITED STATES v. GENERES [405
US 93]
LOVE v. PULLMAN CO. [404
US 522]
DONALDSON v. UNITED STATES [400
US 517]
OREGON v. MITCHELL [400
US 112]
CANNON v. UNIVERSITY OF CHICAGO [441
US 677]
GLADSTONE, REALTORS v. VILLAGE OF BELLWOOD [441
US 91]
UNIVERSITY OF CALIFORNIA REGENTS v. BAKKE [438
US 265]
UNITED STATES v. LASALLE NATIONAL BANK [437
US 298]
LORILLARD v. PONS [434
US 575]
UNITED AIRLINES, INC. v. McDONALD [432
US 385]
OCCIDENTAL LIFE INS. CO. v. EEOC [432
US 355]
G. M. LEASING CORP. v. UNITED STATES [429
US 338]
ELECTRICAL WORKERS v. ROBBINS & MYERS, INC. [429
US 229]
UNITED STATES v. MILLER [425
US 435]
BADARACCO v. COMMISSIONER [464
US 386]
W. R. GRACE & CO. v. RUBBER WORKERS [461
US 757]
NAACP v. CLAIBORNE HARDWARE CO. [458
US 886]
FORD MOTOR CO. v. EEOC [458
US 219]
KREMER v. CHEMICAL CONSTRUCTION CORP. [456
US 461]
CARSON v. AMERICAN BRANDS, INC. [450
US 79]
EEOC v. ASSOCIATED DRY GOODS CORP. [449
US 590]
GENERAL TELEPHONE CO. v. EEOC, [446
US 318]
STEELWORKERS v. WEBER, [443
US 193]
GREAT AMERICAN FED. S. & L. ASSN. v. NOVOTNY, [442
US 366]
VOLKSWAGENWERK AKTIENGESELLSCHAFT v. SCHLUNK [486
US 694]
PAPERWORKERS v. MISCO, INC. [484
US 29]
JOHNSON v. TRANSPORTATION AGENCY [480
US 616]
FIREFIGHTERS v. CLEVELAND [478
US 501]
AUTOMOBILE WORKERS v. BROCK [477
US 274]
WYGANT v. JACKSON BOARD OF EDUCATION [476
US 267]
UNITED STATES v. NATIONAL BANK OF COMMERCE [472
US 713]
BUSHEY v. NEW YORK STATE CIVIL SERVICE COM'N [469
US 1117]
SEC v. JERRY T. O'BRIEN, INC. [467
US 735]
EEOC v. SHELL OIL CO. [466
US 54]
BUSH, GOVERNOR OF TEXAS v. VERA [517
US 592]
GILMER v. INTERSTATE/JOHNSON LANE CORP. [500
US 20]
SULLIVAN v. STROOP [496
US 478]
MISSOURI v. JENKINS [495
US 33]
PATTERSON v. McLEAN CREDIT UNION [491
US 164]
BROWER v. INYO COUNTY [489
US 593]
SPALLONE v. U.S. [487
US 1251]
GEBSERET v. LAGO VISTA IND. SCHOOL DISTRICT [Syllabus] [524
US 247]
DAVIS. v. MONROE COUNTY BOARD OF EDUCATION [526
US 629]
ALDEN v. MAINE [527
US 706]
FRIENDS OF THE EARTH INC v LAIDLAW ENV. SRVCS INC [528
US 167]
RALEIGH v. ILLINOIS DEPARTMENT OF REVENUE [530
US 15]
BUCKHANNON BOARD & CARE HOME, INC. v. W. VIRGINIA DEPT OF HEALTH
AND HUMAN RESOURCES [532
US 598]
Now you may want to note that many of these supreme Court cases I
have listed above do not necessarily identify or define the phrase "voluntary
compliance". The court cases above have at least one mention of the
phrase. Perhaps some of the dicta I sight below from a select few of
the above cases, can possibly give us a better understanding of the
phrase "voluntary compliance". Here are only a selected few that caught
my interest:
Pollock vs Farmer's Loan & Trust [157
US 429]
"It was also alleged that if the company and its directors, as
they propered and had declared their intention to do, should pay
the tax out of its gains, income, and profits, or out of the gains,
income, and profits of the property held by it in its fiduciary
capacity they will diminish the assets of the company and lessen
the dividends thereon and the value of the shares; that voluntary
compliance with the income-tax provisions would expose the company
to a multiplicity of suits, not only by and on behalf of its numerous
shareholders, but by and on behalf of numerous minors and others
for whom it acts in a fiduciary capacity, and that such numerous
suits would work irreparable injury to the business of the company,
and subject it to great and irreparable damage, and to liability
to the beneficiaries aforesaid, to the irreparable damage of complainant
and all its shareholders."
[Emphasis Added]
See vs City of Seattle [387
US 541]:
"...when voluntary inspection is relied upon this "one rebel"
is going to become a general rebellion. That there will be a significant
increase in refusals is certain and, as time goes on, that trend
may well become a frightening reality. It is submitted that voluntary
compliance cannot be depended upon."
[Emphasis Added]
Mathis vs United States [391
US 1]
"Fortunately, voluntary compliance with civil regulation is widespread
in this country. Nevertheless, compliance must be supplemented and
encouraged by constant and widespread investigations."
[Emphasis Added]
Oregon vs Mitchell [400
US 112] [Justice Stewart Concurring
"Congress has now undertaken to extend the ban on literacy tests
to the whole Nation. I see no constitutional impediment to its doing
so. Nationwide application reduces the danger that federal intervention
will be perceived as unreasonable discrimination against particular
States or particular regions of the country. This in turn increases
the likelihood of voluntary compliance with the letter and spirit
of federal law."
[Emphasis Added]
United States vs Generes [405
US 93]
"...the logical tax consequence ensues and prevents the mere
presence of a business motive, however small and however insignificant,
from controlling the tax result at the taxpayer's convenience. This
is of particular importance in a tax system that is so largely dependent
on voluntary compliance."
[Emphasis Added]
Alexander vs Gardner-Denver Company [415
US 36]
"Congress enacted Title VII of the Civil Rights Act of 1964,
42 U.S.C. 2000e et seq., to assure equality of employment opportunities
by eliminating those practices and devices that discriminate on
the basis of race, color, religion, sex, or national origin. McDonnell
Douglas Corp. v. Green, 411 U.S. 792, 800 (1973); Griggs v. Duke
Power Co., 401 U.S. 424, 429 -430 (1971). Cooperation and voluntary
compliance were selected as the preferred means for achieving this
goal. To this end, Congress created the Equal Employment Opportunity
Commission and established a procedure whereby existing state and
local equal employment opportunity agencies, as well as the Commission,
would have an opportunity to settle disputes through conference,
conciliation, and persuasion before the aggrieved party was permitted
to file a lawsuit. In the Equal Employment Opportunity Act of 1972,
Pub. L. 92-261, 86 Stat. 103, Congress amended Title VII to provide
the Commission with further authority to investigate individual
charges of discrimination, to promote voluntary compliance with
the requirements of Title VII, and to institute civil actions against
employers or unions named in a discrimination charge."
[Emphasis Added]
Emporium Capwell Company vs Community Organization [420
US 50]
"Congress chose to encourage voluntary compliance with Title
VII by emphasizing conciliatory procedures before federal coercive
powers could be invoked."
[Emphasis Added]
Johnson vs Railway Express Agency [421
US 454] "Voluntary Compliance" - The phrase, in this court opinion,
was used exactly nine times and is not even defined once.
GM Leasing Corporation vs United States [429
US 338]
QUOTE "Indeed, one may readily acknowledge that the existence
of the levy power is an essential part of our self-assessment tax
system and that it enhances voluntary compliance in the collection
of taxes..."
[Emphasis Added]
Occidental Life Ins Co. vs EEOC [432
US 355]
Footnote 18... Senator Dominick objected to the substitution
of the word "shall" for "may" and suggested that "in the interest
of flexibility in the Commission's schedule, and in the interest
of flexibility in working something out through voluntary compliance,
it would be far better to put in the word `may.'"
[Emphasis Added]
University California Regents vs Bakke [438
US 265]
"The legislative history of Title VI, as well as the statute
itself, reveals a desire to induce voluntary compliance with the
requirement of nondiscriminatory treatment. 13 See 602 of the Act,
42 U.S.C. 2000d-1 (no funds shall be terminated unless and until
it has been "determined that compliance cannot be secured by voluntary
means"); H. R. Rep. No. 914, 88th Cong., 1st Sess., pt. 1, p. 25
(1963); 110 Cong Rec. 13700 (1964) (Sen. Pastore); id., at 6546
(Sen. Humphrey). It is inconceivable that Congress intended to encourage
voluntary efforts to eliminate the evil of racial discrimination
while at the same time forbidding the voluntary use of race-conscious
remedies to cure acknowledged or obvious statutory violations...
Indeed, the requirement of a judicial determination of a constitutional
or statutory violation as a predicate for race-conscious remedial
actions would be self-defeating. Such a requirement would severely
undermine efforts to achieve voluntary compliance with the requirements
of law. And our society and jurisprudence have always stressed the
value of voluntary efforts to further the objectives of the law.
Judicial intervention is a last resort to achieve cessation of illegal
conduct or the remedying of its effects rather than a prerequisite
to action."
[Emphasis Added]
WR Grace vs Rubber Workers [461
US 757]
"Voluntary compliance with Title VII also is an important public
policy. Congress intended cooperation and conciliation [461 U.S.
757, 771] to be the preferred means of enforcing Title VII. "
[Emphasis Added]
Badaracco vs Commissioner [464
US 386] [Justice Stevens Dissenting]
"If anything, considerations of tax policy argue against the
result reached by the Court today. In a system based on voluntary
compliance, it is crucial that some incentive be given to persons
to reveal and correct past fraud."
[Emphasis Added]
Joe Bannister, Ex IRS Agent, in his book entitled
Investigating the Federal Income
Tax: A Preliminary Report, quotes a March 5, 1997 article
from USA TODAY, where Senator Bob Kerrey co-chaired the National Commission
on Restructuring the IRS, in an interview conducted by Anne Willette.
Here is the exchange that took place:
WILLETTE: The commission’s
goal is to ‘ensure the American public’s faith in its government to
collect revenue in a fair and courteous manner’ Why does being fair
and courteous matter?’
KERREY: It is a
voluntary system. If people do not perceive it to be fair, people will
not voluntarily comply. We are struggling to maintain ground on voluntary
compliance.
[Emphasis Added]