Federal Reserve Notes are not lawful money and cannot constitute income
The claim
A category of arguments holds that Federal Reserve Notes are not “lawful money” within the meaning of various nineteenth-century coinage statutes, and that receipts in FRNs therefore cannot constitute “income” subject to the federal income tax. The argument typically traces FRNs to Federal Reserve Act §16’s characterization of them as “obligations of the United States” — i.e., debt instruments rather than money.
The authority
31 U.S.C. §5103 designates United States coins and currency, including Federal Reserve Notes, as “legal tender for all debts, public charges, taxes, and dues.” This is a clear and operative statute. It establishes FRNs as legal tender by direct congressional enactment.
The argument that FRNs are “obligations” and therefore not money confuses the nineteenth-century specie-redemption framework (in which paper currency was redeemable in gold or silver) with the post-1933 fiat-currency framework. The two frameworks are different. The legal-tender status of FRNs does not depend on redeemability; it depends on §5103.
Even setting aside §5103, the Supreme Court has held that “income” under the Sixteenth Amendment is measured in whatever the prevailing currency is at the time of receipt. There is no constitutional requirement that “income” be in gold, silver, or any particular medium.
Verdict
Unsupported. The claim relies on a misreading of nineteenth-century coinage law and ignores the unambiguous text of 31 U.S.C. §5103. No court has ever accepted the argument, and it routinely triggers sanctions when raised.
Sources cited
- The Creature from Jekyll Island — G. Edward Griffin