Tax resistance in the United States
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Tax resistance in the United States has been practiced at least since colonial times, and has played important parts in American history.
Tax resistance Tax resistance is the refusal to pay tax because of opposition to the government that is imposing the tax, or to government policy, or as opposition to taxation in itself. Tax resistance is a form of direct action and, if in violation of the tax ...
is the refusal to pay a tax, usually by means that bypass established legal norms, as a means of
protest A protest (also called a demonstration, remonstration or remonstrance) is a public expression of objection, disapproval or dissent towards an idea or action, typically a political one. Protests can be thought of as acts of coopera ...
,
nonviolent resistance Nonviolent resistance (NVR), or nonviolent action, sometimes called civil resistance, is the practice of achieving goals such as social change through symbolic protests, civil disobedience, economic or political noncooperation, satyagraha, cons ...
, or conscientious objection. It was a core tactic of the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...
and has played a role in many struggles in America from colonial times to the present day. In addition, the philosophy of tax resistance, from the " no taxation without representation" axiom that served as a foundation of the Revolution to the assertion of individual conscience in
Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
's ''
Civil Disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
'', has been an important plank of American political philosophy.


Theory

The theory that there should be "no taxation without representation", while it did not originate in America, is often associated with the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...
, in which that slogan did strong duty. It continues to be a rallying cry for tax rebellions today. American
Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
's theory of
civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
has proven to be extremely influential, and its influence today is not limited to tax resistance stands and campaigns but to all manner of refusal to obey unjust laws. These are among the theories of tax resistance that have taken on a particularly American flavor and have animated and inspired American tax resisters and tax resistance campaigns.


No taxation without representation

In English political philosophy of the late 18th century, the theory was prominent that in order for the sovereign to exact a tax on a population, that population must be represented in a legislature that had the sole power to levy the tax. That theory was made axiomatic in the form of the slogan "no taxation without representation" (and similar expressions). As the American colonies did not have representation in the British parliament, this axiom became a useful platform for colonial rebels to justify their rebellion against direct taxes imposed by the Crown. The "no taxation without representation" slogan was later brought to bear in the arguments for tax resistance by African-Americans and women, as they did not have the right to vote or serve in the legislature. It is used today by the District of Columbia as part of a complaint that residents of the district have no (voting) Congressional representatives. The phrase has such potent currency in American thought that it is frequently used today in the context of tax debates that have little to do with legislative representation, at least in the way that the original coiners of the phrase would have understood: For example, complaints that Congressional representatives only ''represent'' certain special interests, or that the complainer doesn't feel that his or her point of view is ''represented'' in legislative debates or actions.


Civil disobedience

Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
's 1849 essay ''On Resistance to Civil Government''—now usually referred to as ''Civil Disobedience''—is part of the canon of American political philosophy. It was prompted by Thoreau's refusal to pay a poll tax because of unwillingness to support a government that was enforcing the slavery of Americans and what he felt was an unjust war against Mexico. Thoreau argued that obedience to government is often misplaced, and that people should develop and trust their own consciences rather than use the law as a crutch. Thoreau's philosophy has inspired many tax resisters since, especially those who have acted individually (not as part of a tax strike or other large-scale movement) and from motives of conscientious objection.


Conscientious objection to military taxation

The theory that taxpayers become complicit in the actions of their government when they pay for the government's functioning and requisitions through their taxes, and that therefore one must scrutinize the actions of the government and refuse to pay for them if they become grossly immoral, is key to the war tax resistance practiced by American Quakers since colonial times. It also forms an important philosophical basis for other religious and secular American war tax resisters down to the present day. War tax resisters in the United States pioneered the idea that
conscientious objection to military taxation Conscientious objection to military taxation (COMT) is a legal theory that attempts to extend into the realm of taxation the concessions to conscientious objectors that many governments allow in the case of conscription, thereby allowing conscienti ...
ought to be a legally protected right: that is, taxpayers who are morally opposed to taking part in war should not be forced to fund war, just as governments often permit such people to avoid military conscription. This theory has been extended by people who oppose other aspects of government funding. A few have refused to pay taxes on the grounds that some government health spending goes to institutions that provide abortions. A number of Amish people refused to pay taxes for government social insurance programs on conscientious grounds.


Taxation as theft

The theory that taxation is ethically indistinguishable from robbery is a staple of American anarchist and (often) libertarian thought. American anarchist philosopher Lysander Spooner put it this way: The original U.S.
Libertarian Party Active parties by country Defunct parties by country Organizations associated with Libertarian parties See also * Liberal parties by country * List of libertarian organizations * Lists of political parties * Outline of libertarianism ...
platform (1972) agreed that taxation was always a violation of the rights of the individual: :Since we believe that every man is entitled to keep the fruits of his labor, we are opposed to all government activity which consists of the forcible collection of money or goods from citizens in violation of their individual rights. Specifically, we support the eventual repeal of all taxation. We support a system of voluntary fees for services rendered as a method for financing government in a free society.


Tax protester theories

An enduring mythology of tax protester arguments asserts that the tax system operating in the United States is unconstitutional, illegal, or doesn't actually apply to most of the people currently being subjected to it. These arguments, though they often take the form of "totally discredited legal positions and/or meritless factual positions", are often persuasive to people who have an unsophisticated understanding of the legal system and who are susceptible to look uncritically on arguments that appeal to their financial self-interest. For example, in the early 1980s, an epidemic of tax protest swept General Motors plants in Flint, Michigan, as thousands of employees there told to stop withholding income tax from their salaries after they attended seminars or listened to lectures on tape from the tax protester group "We The People ACT".


Practice

The following sections briefly describe some of the more prominent examples of tax resistance in colonial America and the United States:


Quaker conscientious objection to military taxation

The
Society of Friends Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abili ...
(Quakers) had a tradition of refusing to pay tithes to the establishment church, and of refusing to pay explicit war taxes, from the early years of the establishment of the sect. When Quakers were permitted to establish an American colony,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
, that they could run to some extent on their religious principles, the Pennsylvania Assembly often offered some resistance to attempts by the crown to exact money from the colony for the purposes of military defense. During the
French and Indian war The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the ...
, the Pennsylvania colonial assembly conceded, and began raising a tax from Pennsylvania residents for military fortifications. This led to some, including influential Quakers John Woolman and Anthony Benezet, refusing to pay such taxes for reasons of conscientious objection. This stand, and the eloquence the resisters employed to explain it, proved influential, and a Quaker tradition of war tax resistance has waxed and waned through American history to the present day.


Colonial resistance

A typical American colonial government was headed by a governor, who was appointed by the Crown and meant to represent the interests of the home country, and a colonial assembly, elected by the colonists themselves. The two not infrequently came into conflict over issues of taxation, and when the governor assumed the right to tax colonists without the consent of their legislature, this conflict might result in tax resistance. This happened for example in 1687 when New England governor Edmund Andros attempted to assess a new tax. Led by the reverend John Wise, colonists declared their unwillingness to pay such a tax and were imprisoned on orders of the governor. This ultimately led to the
1689 Boston revolt The 1689 Boston revolt was a popular uprising on April 18, 1689, against the rule of Sir Edmund Andros, the governor of the Dominion of New England. A well-organized "mob" of provincial militia and citizens formed in the town of Boston, the cap ...
in which Andros was overthrown. This muscle-flexing by American colonists was an important precursor of the American Revolution, such that
Ipswich Ipswich () is a port town and borough in Suffolk, England, of which it is the county town. The town is located in East Anglia about away from the mouth of the River Orwell and the North Sea. Ipswich is both on the Great Eastern Main Line r ...
, where a declaration defying the tax was signed, bills itself as "The Birthplace of American Independence 1687". The War of the Regulation in colonial North Carolina was another important precursor of the American Revolution. Colonists, fed up with what they viewed as a corrupt and unrepresentative colonial government, stopped paying taxes and ultimately rose in an armed revolt. In this case it was the entire government—the governor, the assembly, and the corrupt bureaucracy—that was the target of the rebellion. Independence-minded colonials used a variety of tactics to increase the economic independence and self-reliance of the colonies while denying economic resources to the Crown. This included rampant smuggling and attacks on British customs ships (as in the Gaspee Affair), the refusal to allow British monopoly products to be brought to market (as in the Boston Tea Party and
Philadelphia Tea Party The Philadelphia Tea Party was an incident in late December 1773, shortly after the more famous Boston Tea Party, in which a British tea ship was intercepted by American colonists and forced to return its cargo to Great Britain. Background Both ...
), boycotts of British-manufactured goods and the encouragement of local production of replacement goods, and sanctions ranging from social boycott to violent attacks aimed at tax collectors and collaborators. The success of measures like these led John Adams to assert that the American Revolution had already been accomplished before the Revolutionary War began—that the war was less a revolution than a failed counterrevolution.


Resistance in the post-revolutionary period

After the success of the American Revolution, the independent United States government of the former colonies was confronted by its own tax resistance campaigns. Three were suppressed militarily by the fledgling United States government:


Shays' Rebellion

Massachusetts farmers were motivated in part by increased taxes and heavy-handed tax enforcement when they rose up in
Shays' Rebellion Shays Rebellion was an armed uprising in Western Massachusetts and Worcester in response to a debt crisis among the citizenry and in opposition to the state government's increased efforts to collect taxes both on individuals and their trades. The ...
. They took action against government agencies that were enforcing tax seizures, preventing their operation, until the suppression of the rebellion.


The Whiskey Rebellion

Farmers far from coastal ports and population centers would often ferment and distill their grain into whiskey locally because it was more economic to bring whiskey to market than grain, from the point of view of transportation costs. Thus, when United States government put an excise tax on whiskey, this was seen as an imposition by coastal elites at the expense of rural farmers and was widely resented and resisted. While resistance in the form of refusal to pay the excise tax or to cooperate in the enforcement of excise laws persisted and largely succeeded in some areas, in Western Pennsylvania this resistance erupted into attacks on tax collectors and eventual armed revolt—the
Whiskey Rebellion The Whiskey Rebellion (also known as the Whiskey Insurrection) was a violent tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington. The so-called "whiskey tax" was the first tax impo ...
—which was violently suppressed by federal government troops under the command of former revolutionary war commander in chief
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
.


Fries's Rebellion

Fries's Rebellion began in opposition to a federal window-tax instituted by the Adams administration, with resisters impeding the tax assessors and refusing to pay the assessed taxes. This resistance movement, too, was successfully suppressed by the federal government when it rose to the level of armed rebellion.


Native / immigrant conflicts

The United States government is largely run by and on behalf of the European immigrant community, while United States territory also encompasses the land of native people, some of whom live in separate sovereign or semi-sovereign nations. Conflicts periodically erupt over who could tax whom. In the late-19th century, such conflicts led to tax resistance, for example from thousands of people of part-native ancestry in Dakota territory who forced the tax collector to retreat without his prize, from Crow in Montana who refused to pay for several years until the government there confiscated their livestock, or from non-native residents of Oklahoma Territory who wanted to be free from Cherokee Nation taxes. Such conflicts continued into the 20th century. For example, Wallace "Mad Bear" Anderson led a tax resistance campaign of the
Tuscarora Nation The Tuscarora (in Tuscarora ''Skarù:ręˀ'', "hemp gatherers" or "Shirt-Wearing People") are a Native American tribe and First Nations band government of the Iroquoian family, with members today in New York, USA, and Ontario, Canada. They ...
in 1959 in which they refused to pay state income tax, publicly destroyed tax summonses, and engaged in sit-ins and other such protests. Members of the
Seneca Nation The Seneca Nation of Indians is a federally recognized Seneca tribe based in western New York. They are one of three federally recognized Seneca entities in the United States, the others being the Tonawanda Band of Seneca (also in western New Y ...
blocked the Southern Tier Expressway in New York to protest the state's attempt to extend a state sales tax to them in 1992. When members of the
Iroquois Confederacy The Iroquois ( or ), officially the Haudenosaunee ( meaning "people of the longhouse"), are an Iroquoian-speaking confederacy of First Nations peoples in northeast North America/ Turtle Island. They were known during the colonial years to ...
blocked roads in a similar conflict in 1997, law enforcement responded with brutal violence (the state would eventually pay out $2.7million to victims).


African-Americans

Tax resistance has occasionally been deployed in the battle for civil rights for
black people Black is a racialized classification of people, usually a political and skin color-based category for specific populations with a mid to dark brown complexion. Not all people considered "black" have dark skin; in certain countries, often in s ...
in the United States. For example: The "no taxation without representation" argument was evoked by African-American businessman Paul Cuffee, who refused to pay his state taxes and petitioned the legislature in 1780 and 1781 on behalf of himself and other African-Americans, saying "we apprehend ourselves to be aggrieved, in that... we are not allowed the privilege of freemen of the State, having no vote or influence in the election of those that tax us."
Robert Purvis Robert Purvis (August 4, 1810 – April 15, 1898) was an American abolitionist in the United States. He was born in Charleston, South Carolina, and was likely educated at Amherst Academy, a secondary school in Amherst, Massachusetts. He sp ...
refused to pay a school tax in Philadelphia in 1853, on the grounds that his children were not allowed to attend the whites-only schools the tax supported. He wrote,
I object to the payment of this tax, on the ground that my rights as a citizen, and my feelings as a man and a parent have been grossly outraged in depriving me, in violation of law and justice, of the benefits of the school system which this tax was designed to sustain.


Undermining Reconstruction state governments

After the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, the United States government established
Reconstruction era The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
governments in the states of the former Confederacy that included
black Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white have o ...
and
carpetbagger In the history of the United States, carpetbagger is a largely historical term used by Southerners to describe opportunistic Northerners who came to the Southern states after the American Civil War, who were perceived to be exploiting the lo ...
representatives. The loss of political power by the formerly dominant white supremacists led to resentment, protest, and the formation of paramilitaries and parallel governments. Occasionally, tax resistance was used as a tactic to withdraw financial support and political legitimacy from the reconstruction governments in favor of the white supremacist parallel governments. For example, tax resistance was used as a tactic by South Carolina Democrats in the months leading up to the collapse of the carpetbagger administration of Republican Daniel Chamberlain and his replacement by former Confederate Army officer Wade Hampton III. White supremacist gubernatorial candidate
John McEnery John McEnery (1 November 1943 – 12 April 2019) was an English actor and writer. Born in Birmingham, he trained (1962–1964) at the Bristol Old Vic Theatre School, playing, among others, Mosca in Ben Jonson's ''Volpone'' and Gaveston ...
established a parallel government in Reconstruction Louisiana, in opposition to the carpetbagger government of governor William Pitt Kellogg, and urged sympathetic citizens to pay taxes to his government rather than the Kellogg "usurpation".


Railroad bond shenanigans

In the 1870s a number of American localities were victims of railroad bond swindles. Promoters would ask the residents to vote to issue bonds to pay for the running of a railroad line to their area, these bonds being backed by the local tax base. In theory the economic growth that would come from the new rail line would more than pay for the bonds by the time they were mature and the bondholders needed to be paid off. In fact, the railroad never materialized and the bond promoters vanished with the money. Some of these localities organized and refused to honor the bonds they had issued. Because by the time the bonds had matured they had likely been sold to new owners who did not participate in the original fraud, the court system was not usually very sympathetic to the defrauded taxpayers. But this led to some notable examples of organized tax resistance in the United States. For instance, in Cass and Clair counties, Missouri, local judges were elected who refused to enforce higher court rulings in favor of the bondholders that would have forced the County to inflict a tax in order to pay off the bonds. For a time, the judges held court in a cave in order to evade their eventual jailings for contempt of court. In Steuben County, New York, the bondholders succeeded in forcing the community to create a property tax to pay off the bonds, but property owners refused to pay the tax and rallied to the support of those whose property was seized for failure to pay, successfully disrupting tax auctions. In Kentucky, refusal to assess or pay taxes to pay off the bond swindle persisted for decades. Some towns refused to elect sheriffs or public officials of any kind (or no candidates could be found for the positions) so that nobody was legally qualified to assess taxes or engage in property seizures for failure to pay taxes. Local judges went into hiding to evade the rulings of higher courts. Armed citizens intimidated outsiders who tried to come and collect taxes by force.


Women's suffrage

Tax resistance was a less important part of the women's suffrage struggle in the United States than it was in the United Kingdom, but it still played a role and had some notable practitioners. At the 1852 National Women's Rights Convention, Susan B. Anthony brought forward a tax resistance resolution: : Resolved, That it is the duty of the women of those States, in which woman has now by law a right to the property she inherits, to refuse to pay taxes. She is unrepresented in the Government...
Lucy Stone Lucy Stone (August 13, 1818 – October 18, 1893) was an American orator, abolitionist and suffragist who was a vocal advocate for and organizer promoting rights for women. In 1847, Stone became the first woman from Massachusetts to earn a colle ...
refused to pay her tax in 1858, on the grounds "that women suffer taxation, and yet have no representation, which is not only unjust to one-half the adult population, but is contrary to our theory of government." Abby and Julia Smith were landowners in Glastonbury, Connecticut, who found in the 1870s that their property tax assessments kept rising relative to those of the male property owners of the area who could vote in local elections. They responded by refusing to pay taxes on "no taxation without representation" grounds, and their battle soon became a among suffrage activists and sympathizers throughout the country (in part thanks to the sisters' knack for publicity).
Anna Howard Shaw Anna Howard Shaw (February 14, 1847 – July 2, 1919) was a leader of the women's suffrage movement in the United States. She was also a physician and one of the first ordained female Methodist ministers in the United States. Early life Shaw ...
's automobile was sold at tax auction in 1915 in a celebrated tax resistance case. "Dr. Shaw has always believed in the contention of the Colonies that 'taxation without representation is tyranny' and has consistently protested along this line when paying her taxes," she explained.


Tax resistance by newly-enfranchised women in Pennsylvania

As women won the right to vote in the United States, they sometimes also became vulnerable to taxes that had previously only applied to men. When this happened in Pennsylvania, the shock was accompanied by resentment that the school tax in question applied mostly to women living in rural areas and not to those living in the largest Pennsylvania cities. This example of American tax resistance is particularly interesting because although it involved thousands of women in many parts of the state and persisted for several years, there is little evidence that the resistance was formally organized, and it wasn't accompanied by much in the way of open protest—no rallies, picket marches, petitions, manifestos, named organizations, political coalitions, or things of that nature. It seems to have been a form of
leaderless resistance Leaderless resistance, or phantom cell structure, is a Rebellion, social resistance strategy in which small, independent groups (Clandestine cell system, covert cells), or individuals (a solo cell is called a "Lone wolf (terrorism), lone wolf"), ch ...
. Gross notes media references at the time that add up to over 4,000 women from Pottstown, Darby, Charleroi, Haverford, Media, Clifton Heights, and Freeland. At first the women were emboldened by a quirk in the law that forbade "the arrest or imprisonment for non-payment of any tax of any female or infant or person found by inquisition to be of unsound mind." It took the state legislature a couple of years to update that law after the women's tax resistance began, and several women were eventually jailed, briefly, for their resistance.


"Bond Slackers" during World War I

Although the government raised some of its war budget via taxes, the most visible public war funding measure during World WarI was the
Liberty Bond A liberty bond (or liberty loan) was a war bond that was sold in the United States to support the Allied cause in World War I. Subscribing to the bonds became a symbol of patriotic duty in the United States and introduced the idea of financia ...
program. Citizens were encouraged to loan money to the government for its war effort through the purchase of bonds. Although the purchase of bonds was ostensibly voluntary, strong coercive pressure—up to and including mob violence—was directed at those who would not buy. "Bond slackers" (the popular term at the time for people who did not buy war bonds, or did not buy them in sufficient quantity) could be run out of town, might lose their jobs, have their property stolen or vandalized, might be tarred-and-feathered, otherwise tortured, coated in paint, threatened with murder, or subjected to hours of questioning by hooded interrogators in impromptu star chambers in the hopes of prompting them to say something that would incriminate them under the Espionage Act. Those who resisted such pressure and refused to buy war bonds included conscientious objectors to war such as Jehovah's Witnesses and members of traditional peace churches such as Mennonites, anti-capitalist radicals, and European immigrants from countries the and its allies were fighting.
Herbert Lord Herbert Mayhew Lord (December 6, 1859 – June 2, 1930) was United States Army officer and public official. He was most notable for his service as the Army's Director of Finance during World War I and the Director of the United States Bureau of ...
, Director of Finance for the War Department, considered this "an organized effort to discourage and defeat the loan", and it was attributed to a conspiracy of "pro-German agents".


Property tax strikes during the Great Depression

The
Great Depression The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
introduced unprecedented tax burdens to Americans. While real-estate values plummeted and unemployment skyrocketed, the cost of government remained high. As a result, taxes as a percentage of the national income nearly doubled from 11.6 percent in 1929 to 21.1 in 1932. Most of the increase took place at the local level and especially squeezed the resources of real estate taxpayers. Local tax delinquency rose steadily to a record of 26.3% in 1933. Many Americans reacted to these conditions by forming taxpayers' leagues to call for lower taxes and cuts in government spending. By some estimates, there were three thousand of these leagues by 1933. Taxpayers' leagues endorsed such measures as laws to limit and rollback taxes, lowered penalties on tax delinquents, and cuts in government spending. Partly as a result of their efforts, sixteen states and numerous localities adopted property tax limitations while three states instituted homestead exemptions. While taxpayers' leagues usually favored traditional legal and political strategies, a few promoted tax resistance. Probably the best known of these was the
Association of Real Estate Taxpayers The Association of Real Estate Taxpayers (ARET) was an organization of real-estate taxpayers in Chicago and Cook County, Illinois. Between 1931 and 1933, it organized one of the largest tax strikes in American history. The group had been founded i ...
() in
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
. From 1930 to 1933, it led one of the largest tax strikes in American history. functioned primarily as a cooperative legal service. Each member paid annual dues of $15 to fund lawsuits challenging the constitutionality of real-estate assessments. The suits, when finally filed, took the form of a 7,000-page, two-foot-thick book listing the names and tax data for all 26,000 co-litigants. The radical side of the movement became apparent by early 1931 when called for taxpayers to withhold real-estate taxes (or "strike") pending a final ruling by the Illinois Supreme Court, and later the U.S. Supreme Court. Mayor Anton Cermak and other politicians desperately tried to break the strike by threatening criminal prosecution, revocation of city services, and the seizure of property. The Association's influence peaked in late 1932, with a membership of near 30,000 people, a budget of over $600,000, and its own radio show. A failed legal suit, government counter-measures, and infighting took their toll and the movement, having in large part accomplished its goals, declined thereafter.


The emergence of a non-sectarian war tax resistance movement

Tax resistance motivated by conscientious objection to war had traditionally been practiced in the United States under the Christian theory of
nonresistance Nonresistance (or non-resistance) is "the practice or principle of not resisting authority, even when it is unjustly exercised". At its core is discouragement of, even opposition to, physical resistance to an enemy. It is considered as a form of pri ...
as extrapolated by the historic peace churches, and its development had largely taken place within the context of those churches. Rare exceptions included the brief flowering of tax resistance among the New England
Transcendentalists Transcendentalism is a philosophical movement that developed in the late 1820s and 1830s in New England. "Transcendentalism is an American literary, political, and philosophical movement of the early nineteenth century, centered around Ralph Wald ...
like
Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
, a small war tax resistance contingent in the late-19th Century pacifist movement, and a few war tax resisters in small sects like the
International Bible Students The Bible Student movement is a Millennialist Restorationist Christian movement. It emerged from the teachings and ministry of Charles Taze Russell (1852–1916), also known as Pastor Russell, and his founding of the Zion's Watch Tower Tract So ...
and Rogerenes. After World WarII, a non-sectarian war tax resistance movement began to come together, and would develop its own practices of war tax resistance under a more secular theory of
pacifism Pacifism is the opposition or resistance to war, militarism (including conscription and mandatory military service) or violence. Pacifists generally reject theories of Just War. The word ''pacifism'' was coined by the French peace campaign ...
. Some of the figures in this early movement were members of the historic peace churches, such as
Mary Stone McDowell Mary Stone McDowell (22 March 1876 – 6 December 1955) was a Quaker teacher who, in a celebrated case, was fired from her job for refusing to ask her students to purchase war bonds. Early life McDowell was a birthright member of the New York Mon ...
, a Quaker who had resisted the Liberty Bond drives during World WarI, but many others were not. Dorothy Day and Ammon Hennacy were from the
Catholic Worker ''Catholic Worker'' is a newspaper published seven times a year by the flagship Catholic Worker community in New York City. The newspaper was started by Dorothy Day and Peter Maurin to make people aware of church teaching on social justice. Hist ...
movement,
Ernest Bromley Ernest Bromley (March 14, 1912 – December 17, 1997) was an American minister, Quaker and civil rights and peace activist. A founding member of the Freedom Riders, he played an active role in protests of racial segregation in the Southern ...
was a Methodist, Walter Gormly and
Maurice McCrackin Maurice McCrackin (1905–1997) was an American civil rights and peace activist, tax resister and Presbyterian Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland b ...
Presbyterians, Juanita and
Wally Nelson Wallace Floyd Nelson (27 March 1909 – 23 May 2002) was an American civil rights activist and war tax resister. He spent three and a half years in prison as a conscientious objector during World War II, was on the first of the "Freedom Rides" ...
non-religious, for example. In 1948, the group Peacemakers formed to (loosely) organize this movement. This group would develop a pacifist theory of
conscientious objection to military taxation Conscientious objection to military taxation (COMT) is a legal theory that attempts to extend into the realm of taxation the concessions to conscientious objectors that many governments allow in the case of conscription, thereby allowing conscienti ...
that was not tied to a particular religious doctrine. They published a guide to war tax resistance in 1963 and developed tactics of resistance practice and of publicity that would lead to the growth of the movement, to a new resurgence of war tax resistance among the traditional peace churches, and to the establishment of nonsectarian war tax resistance as an ongoing part of the American scene.


Foes of social security taxation

The United States
Social Security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
program had its share of critics and faced political opposition. It also evoked some tax resistance against the payroll and self-employment taxes that funded it. This came from two factions in particular: conservatives who opposed the government program for ideological reasons, and
Amish The Amish (; pdc, Amisch; german: link=no, Amische), formally the Old Order Amish, are a group of traditionalist Anabaptist Christian church fellowships with Swiss German and Alsatian origins. They are closely related to Mennonite churches ...
who had religious prohibitions against participating in insurance programs in general.


Conservative opposition

American conservatives who refused to pay payroll or self-employment taxes for the social security program expressed their opposition in terms of opposing government overreach into private lives and contracts, and opposition to socialism. "For those of us who still have confidence in our own ability," one wrote, "such a socialistic thing should not be forced upon us." About a dozen women from around Marshall, Texas, organized in 1951 to refuse to submit Social Security taxes on behalf of their domestic help. "It's not the money, it's the principle," said spokesperson Carolyn M. Abney. "That law is unconstitutional." The "Texas Housewives" (as they were invariably called in the newspapers) lost a court case in 1952. They appealed on 13th Amendment grounds; that's the amendment that bans involuntary servitude—their attorney explained that the law "forces these housewives to be unpaid tax collectors for the government." They lost this case as well, and in 1954 they failed in an attempted Supreme Court appeal. Meanwhile, the government seized the resisted money from their bank accounts. The women continued to defy the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
() for some time after, claiming that the courts had not answered the Constitutional question but had only verified the tax statute. They eventually gave up the fight and began to pay the required quarterly taxes for their employees. Mary Cain refused to pay $42.87 in self-employment tax in 1952 and hid her assets to make sure the government would have to make it a criminal matter (and thus a possible test case) rather than a simple civil asset seizure. In the case that eventually resulted, Cain's arguments were turned down by the Fifth Circuit Court of Appeals and she had no luck with a Supreme Court appeal, but the government eventually dropped the case anyway. When the government padlocked the office of her newspaper as part of a seizure process, Cain sawed the lock off the door and mailed it to the defiantly. "I've had enough of the New Deal. I'm sick of the whole Truman administration," she said.
Vivien Kellems Vivien Kellems (June 7, 1896 – January 25, 1975) was an American industrialist, inventor, public speaker, and political candidate who became known for her battle with the Federal government of the United States over withholding unde26 U.S.C. ...
, who had previously tangled with the government by refusing to withhold income taxes from her employees, refused to pay the self-employment tax on her income in 1952, and recruited a small group of other businesspersons (including Mary Cain) to join her protest. She wrote in a letter to Treasury Secretary
John W. Snyder John Wesley Snyder (June 21, 1895October 8, 1985) was an American businessman and senior federal government official. Thanks to a close personal friendship with President Harry S Truman, Snyder became Secretary of the Treasury in the Truman admi ...
that she felt she already had "adequate insurance" and she urged the government to indict her so that she could be a test case to the Supreme Court.


Conscientious objection from the Amish

The Amish have a strong tradition of mutual aid and believe that purchasing insurance betrays distrust in God's providence and in the community of believers. The original name of the Social Security system was "Old Age, Survivors, and Disability Insurance", and Amish people interpreted it as a forbidden form of insurance. Because of this, when the U.S. government extended the Social Security system to cover farmers in 1955, many Amish refused to participate, and the government responded by seizing their property. After some farmers had bank accounts seized, others closed their accounts. When the government tried to levy checks due to the resisters from the milk processing cooperatives they sold their milk to, the cooperatives (also in Amish hands) refused to hand over the checks. The government was then reduced to seizing livestock. In a celebrated case in 1961, the government seized Valentine Byler's horses during Spring plowing. Asked about this insensitivity to Byler's livelihood, the district Chief of Collections answered, "Plowing never occurred to me. I live in an apartment." Byler received messages of support from around the country, and the press took up his cause. The struggle would continue for a decade. Legislation that would exempt the Amish from the Social Security program was introduced in Congress at least as early as 1959, and some of the resisters took the unusual step (unusual for the Amish) of petitioning the government in 1961. In 1965, the United States changed the Social Security law in a way that exempted self-employed Amish people from having to pay into the Social Security program.


War tax resistance during the Vietnam War

The American war against Vietnam led to strong opposition in the United States. Inspired by the use of
civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
in the
civil rights movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...
and by an earlier generation of conscientious objectors to war tax payment, a new generation of resisters created a version of war tax resistance that was more oriented toward protest than conscientious objection. In 1966,
A.J. Muste Abraham Johannes Muste ( ; January 8, 1885 – February 11, 1967) was a Dutch-born American clergyman and political activist. He is best remembered for his work in the labor movement, pacifist movement, antiwar movement, and civil rights movemen ...
circulated a tax refusal pledge meant as an advertisement for ''The Washington Post'' that 370 people signed, including the singer
Joan Baez Joan Chandos Baez (; born January 9, 1941) is an American singer, songwriter, musician, and activist. Her contemporary folk music often includes songs of protest and social justice. Baez has performed publicly for over 60 years, releasing more ...
, on the grounds "that the ordinary channels of protest have been exhausted." In 1967,
President Lyndon Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
proposed an income tax surtax explicitly to pay for war expenses. This was the first tax in the modern United States that was explicitly a "war tax" and helped to boost the prominence of war tax resistance as a protest tactic. In early 1967, a "No Tax for War Committee" organized by
Maurice McCrackin Maurice McCrackin (1905–1997) was an American civil rights and peace activist, tax resister and Presbyterian Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland b ...
circulated a sign-on statement that eventually attracted more than 200 signatures, and that read: :Because so much of the tax paid the federal government goes for poisoning of food crops, blasting of villages, napalming and killing thousands upon thousands of people, as in Vietnam at the present time, I am not going to pay taxes on 1966 income. A "Writers & Editors War Tax Protest" the same year was somewhat less bold in its declaration (not all declaring total resistance, but some refusing to pay only the 10% surtax or only 23% of their total tax) but more impressive in its list of names. The protest, which appeared in ''
New York Post The ''New York Post'' (''NY Post'') is a conservative daily tabloid newspaper published in New York City. The ''Post'' also operates NYPost.com, the celebrity gossip site PageSix.com, and the entertainment site Decider.com. It was established ...
'', ''
New York Times Book Review ''The New York Times Book Review'' (''NYTBR'') is a weekly paper-magazine supplement to the Sunday edition of ''The New York Times'' in which current non-fiction and fiction books are reviewed. It is one of the most influential and widely rea ...
'' and '' Ramparts'' was eventually signed by about 528 people including
Nelson Algren Nelson Algren (born Nelson Ahlgren Abraham; March 28, 1909 – May 9, 1981) was an American writer. His 1949 novel ''The Man with the Golden Arm'' won the National Book Award and was adapted as the 1955 film of the same name. Algren articulated ...
,
James Baldwin James Arthur Baldwin (August 2, 1924 – December 1, 1987) was an American writer. He garnered acclaim across various media, including essays, novels, plays, and poems. His first novel, '' Go Tell It on the Mountain'', was published in 1953; de ...
,
Robert Bly Robert Elwood Bly (December 23, 1926 – November 21, 2021) was an American poet, essayist, activist and leader of the mythopoetic men's movement. His best-known prose book is '' Iron John: A Book About Men'' (1990), which spent 62 weeks on ' ...
,
Noam Chomsky Avram Noam Chomsky (born December 7, 1928) is an American public intellectual: a linguist, philosopher, cognitive scientist, historian, social critic, and political activist. Sometimes called "the father of modern linguistics", Chomsky is ...
,
Robert Creeley Robert White Creeley (May 21, 1926 – March 30, 2005) was an American poet and author of more than sixty books. He is usually associated with the Black Mountain poets, though his verse aesthetic diverged from that school. He was close with Char ...
,
David Dellinger David T. Dellinger (August 22, 1915 – May 25, 2004) was an American pacifist and an activist for nonviolent social change. He achieved peak prominence as one of the Chicago Seven, who were put on trial in 1969. Early life and schooling Dellin ...
,
Philip K. Dick Philip Kindred Dick (December 16, 1928March 2, 1982), often referred to by his initials PKD, was an American science fiction writer. He wrote 44 novels and about 121 short stories, most of which appeared in science fiction magazines during his l ...
, Robert Duncan, Lawrence Ferlinghetti, Leslie Fiedler,
Betty Friedan Betty Friedan ( February 4, 1921 – February 4, 2006) was an American feminist writer and activist. A leading figure in the women's movement in the United States, her 1963 book ''The Feminine Mystique'' is often credited with sparking the se ...
,
Allen Ginsberg Irwin Allen Ginsberg (; June 3, 1926 – April 5, 1997) was an American poet and writer. As a student at Columbia University in the 1940s, he began friendships with William S. Burroughs and Jack Kerouac, forming the core of the Beat Gener ...
, Todd Gitlin, Paul Goodman, Edward S. Herman, Paul Krassner,
Staughton Lynd Staughton Craig Lynd (November 22, 1929 – November 17, 2022) was an American political activist, author, and lawyer.Staughton Lynd, ''Living Inside Our Hope: A Steadfast Radical's Thoughts on Rebuilding the Movement,'' Cornell University Pres ...
,
Dwight Macdonald Dwight Macdonald (March 24, 1906 – December 19, 1982) was an American writer, editor, film critic, social critic, literary critic, philosopher, and activist. Macdonald was a member of the New York Intellectuals and editor of their leftist maga ...
,
Jackson Mac Low Jackson Mac Low (1922–2004) was an American poet, performance artist, composer and playwright, known to most readers of poetry as a practioneer of systematic chance operations and other non-intentional compositional methods in his work, whi ...
,
Norman Mailer Nachem Malech Mailer (January 31, 1923 – November 10, 2007), known by his pen name Norman Kingsley Mailer, was an American novelist, journalist, essayist, playwright, activist, filmmaker and actor. In a career spanning over six decades, Mailer ...
, Peter Matthiessen,
Milton Mayer Milton Sanford Mayer (August 24, 1908 – April 20, 1986), a journalist and educator, was best known for his long-running column in ''The Progressive'' magazine, founded by Robert M. La Follette Sr., in Madison, Wisconsin. Early life Mayer, rear ...
, Ed McClanahan,
Henry Miller Henry Valentine Miller (December 26, 1891 – June 7, 1980) was an American novelist. He broke with existing literary forms and developed a new type of semi-autobiographical novel that blended character study, social criticism, philosophical ref ...
,
Carl Oglesby Carl Preston Oglesby (July 30, 1935 – September 13, 2011) was an American writer, academic, and political activist. He was the President of the leftist student organization Students for a Democratic Society (SDS) from 1965 to 1966. Kauffman, B ...
,
Tillie Olsen Tillie may refer to: __NOTOC__ Places in the United States * Tillie, Kentucky, an unincorporated community * Tillie, Pennsylvania, a former populated place * Tillie Creek, California People * Tillie (name), a given name and surname Animal * Tilli ...
, Grace Paley, Thomas Pynchon, Adrienne Rich, Kirkpatrick Sale,
Ed Sanders Edward Sanders (born August 17, 1939) is an American poet, singer, activist, author, publisher and longtime member of the rock band the Fugs. He has been called a bridge between the Beat and hippie generations. Sanders is considered to have bee ...
,
Robert Scheer Robert Scheer (born April 4, 1936) is an American left-wing journalist who has written for '' Ramparts'', the ''Los Angeles Times'', ''Playboy'', ''Hustler Magazine'', ''Truthdig'', Scheerpost' and other publications as well as having written man ...
,
Peter Dale Scott Peter Dale Scott (born 11 January 1929) is a Canadian-born poet, academic, and former diplomat. A son of the Canadian poet and constitutional lawyer F. R. Scott and painter Marian Dale Scott, he is best known for his critiques of deep politics a ...
,
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, Terry Southern, Benjamin Spock,
Gloria Steinem Gloria Marie Steinem (; born March 25, 1934) is an American journalist and social-political activist who emerged as a nationally recognized leader of second-wave feminism Second-wave feminism was a period of feminist activity that began in ...
,
William Styron William Clark Styron Jr. (June 11, 1925 – November 1, 2006) was an American novelist and essayist who won major literary awards for his work. Styron was best known for his novels, including: * '' Lie Down in Darkness'' (1951), his acclaimed fi ...
, Norman Thomas,
Hunter S. Thompson Hunter Stockton Thompson (July 18, 1937 – February 20, 2005) was an American journalist and author who founded the gonzo journalism movement. He rose to prominence with the publication of '' Hell's Angels'' (1967), a book for which he s ...
, Lew Welch, John Wieners, Kurt Vonnegut and Howard Zinn. The ad included a quotation from Thoreau's ''Civil Disobedience'' that ends: (The ''Washington Post'' refused to print the ad "on the grounds that it was an implicit exhortation to violate the law", and the ''New York Times'' too, on the grounds that "we do not accept advertising urging readers to perform an illegal action" but thanks to the
Streisand effect Attempts to hide, remove, or censor information often have the unintended consequence of increasing awareness of that information via the Internet. This is called the Streisand effect. It is named after American singer and actress Barbra Streis ...
the word got out even better that way.) In addition, by this time thousands of Americans were refusing to pay the
federal telephone excise tax The federal telephone excise tax is a statutory federal excise tax imposed under the Internal Revenue Code in the United States under on amounts paid for certain "communications services". The tax was to be imposed on the person paying for the co ...
on their phone service. In 1970, five
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
and nine faculty members, including
Nobel Nobel often refers to: *Nobel Prize, awarded annually since 1901, from the bequest of Swedish inventor Alfred Nobel Nobel may also refer to: Companies *AkzoNobel, the result of the merger between Akzo and Nobel Industries in 1994 *Branobel, or ...
laureates
Salvador E. Luria Salvador Edward Luria (August 13, 1912 – February 6, 1991) was an Italian microbiologist, later a naturalized U.S. citizen. He won the Nobel Prize in Physiology or Medicine in 1969, with Max Delbrück and Alfred Hershey, for their discoverie ...
and
George Wald George Wald (November 18, 1906 – April 12, 1997) was an American scientist who studied pigments in the retina. He won a share of the 1967 Nobel Prize in Physiology or Medicine with Haldan Keffer Hartline and Ragnar Granit. In 1970, Wald pred ...
, announced that they would be resisting taxes in protest of the war. In 1972, Jane Hart, wife of Senator
Philip Hart Philip Aloysius Hart (December 10, 1912December 26, 1976) was an American lawyer and politician. A Democrat, he served as a United States Senator from Michigan from 1959 until his death from cancer in Washington, D.C. in 1976. He was known as t ...
, said that she would be resisting the federal income tax. By this time, every major center had a staff member assigned to be the "Viet Nam Protest Coordinator".


American tax resistance in the 21st Century

Tax resistance continues to be a background theme in American political discussion, and occasionally tax resistance campaigns break out in the United States. The
National War Tax Resistance Coordinating Committee The National War Tax Resistance Coordinating Committee (NWTRCC — usually pronounced "new-trick") is an American activist coalition that promotes tax resistance as a way to protest against and/or disassociate from war and militarism. NWTRCC was f ...
, today's successor of organizations like Peacemakers and the Committee for Nonviolent Revolution, organizes conscientious objectors to military taxation and anti-war protesters who use tax resistance as a tactic. The "Don't Buy Bush's War" campaign in 2007–08, organized by Code Pink to protest the War against Iraq, got 2,000 people to sign a tax resistance pledge. The
Tea Party protests The Tea Party protests were a series of protests throughout the United States that began in early 2009. The protests were part of the larger political Tea Party movement. Most Tea Party activities have since been focused on opposing efforts ...
of 2009 were in part a protest against high taxes (in addition to the allusion to the Boston Tea Party, the name was supposed to stand for "Taxed Enough Already"). Code Pink even reached out across the ideological aisle to try to find some common ground. Tax resistance is used in smaller-scale struggles as well. When 23 county officials in Luzerne County, Pennsylvania were charged with corruption, and the county nonetheless decided to raise taxes by 10%, residents rebelled. One, Fred Heller, recorded a song in 2010—"Take This Tax and Shove It"—to try to rally people to refuse to pay. When a smoking ban in Lansing, Michigan cut into their business, several taverns there launched a tax strike in 2011. When the Seattle, Washington, City Council introduced a city income tax in 2017, the state Republican Party did not wait for the tax to be ruled unconstitutional, but immediately called for "nothing less than civil disobedience—that is, refusal to comply, file, or pay.""WSRP Responds to Seattle City Council Vote on Income Tax" Washington State Republican Party press release 10 July 2017


Notes

{{DEFAULTSORT:Tax resistance in the United States Taxation in the United States History of taxation History of the United States American tax resisters Protests in the United States