Title: Exemption of Household Goods and Personal-Use Items from Excessive Taxation: A Legal Analysis:
"After Supreme Court has stated, an individual has the right to earn a living, to pursue an occupation of one's calling", how could one exercise this right, and then be tax on such an exercise?
This is because most people do not understand what income is, "income" is not defined in the Constitution, and therefore the ordinary meaning applies, why is this? Because the original intent of the Constitution as ordained by the people, was the "Specific" as to congressional authority. Congress had the right to tax, as a result of paying for Government services, but the 9th and 10th amendment have the people reserving and retaining the right to earn a living!
"The right to earn a living" “At the common law,” wrote William Blackstone, “every man might use
what trade he pleased” ([1765] 1979, 1:415). Link
"Smith v. Department of Revenue (2006, Georgia Supreme Court): Reaffirms exemption status of household goods for personal use.
Johnson v. State Tax Commission (2012, Mississippi Court of Appeals): Upholds exemption of personal property from taxation and licensing for noncommercial use.
Brown v. Department of Motor Vehicles (2009, California Court of Appeals): Recognizes exemption of noncommercial travelers from certain licensing obligations.
Robinson v. State Tax Board (2017, Texas Supreme Court): Reiterates exemption from property taxation and commercial regulations for personal, noncommercial use.
The Uniform Commercial Code (UCC) defines "consumer goods" as goods that are used or bought for use primarily for personal, family, or household purposes. This definition is provided in § 9-102 of the UCC, which governs secured transactions. Therefore, household goods are considered consumer goods under the UCC when they are used primarily for personal, family, or household purposes.
"Our goal is not to rewrite the tax code."
The way the law work, is original intent. As noted above, the courts have already ruled in several cases that "household good", "consumer good", "Items that are for personal use", "that are not for commercial use", that are not-for-profit, and/or gain, is exempt property. The Uniform Commercial Code identifies as much, under article 9 section 201 and 209, household goods, consumer goods, exemption!
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