| CITES BY TOPIC: distraint |
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Black's Law Dictionary, Sixth Edition, Page 474: distraint: Seizure; the act of distraining or making a distress. The inchoate right and interest which a landlord has in the property of a tenant located on the demised premises. Upon a tenant's default, a landlord may in some jurisdictions distrain upon the tenant's property, generally by changing the locks and giving notice, and the landlord will then have a lien upon the goods. The priority of the lien will depend on local law. See Distress. Flora v. United States, 362 U.S. 145, 1959: “Our system of taxation is based upon voluntary assessment and payment, not upon distraint.” TITLE 26 > Subtitle F > CHAPTER 64 > Subchapter D > PART II > Sec. 6331.
Mortimer Caplin, Internal Revenue Audit Manual (1975) "Our tax system is based on individual self-assessment and voluntary compliance".
"Let me point this out now. Your income tax is 100 percent voluntary tax, and your liquor tax is 100 percent enforced tax. Now, the situation is as different as night and day. Consequently, your same rules just will not apply...". 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...".
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