By Technotrucker, Sodahead Post
You are a slave to the U.S. Govt. complete repost, plus new info.
If you haven’t heard yet, the U.S. Govt. in all their wisdom has imposed upon us a Health Care Bill that will cost taxpayers trillions and virtually destroy the current health care system. In addition, almost 200 new government agencies, some 250,000 new government employees that have absolutely nothing to do with health care. Ask yourself one simple question: If the HCB is about care of the people and their health, exactly why are they going to employee 16,000 new gun toting IRS agents to enforce it?
All the information in this blog is from previous posts, with a bit of additional information. I strongly advise against buying any packages from any website that claims it can show you how to beat the IRS. Those organizations most likely will get you dragged into court simply by association as a member. Do your own homework!
- Don’t be bullied by the IRS
- Know your rights
- Learn the truth and
- Learn what is and is not legal for the IRS to do.
That information is posted for the most part here for you. More info is available in the links that I submit throughout the blog. The information is quite lengthy, and took me a great deal of time to compile. If you have questions, feel free to drop me a message in my SodaHead email. I will help you if I can.
The time is now to stop being a slave to the Government that continues to strip away your freedoms, investigate you without warrant, spy on you with cameras posted at virtually every intersection in this country. The real truth be known, they have absolutely no need to tax you other than to keep you oppressed and under their control. They can, and do simply print whatever money they need without any qualm or oversight. Another great blog among many, by Furman Blake, will also give you some good info. http://www.sodahead.com/united-states/taxation-is-thievery/bl…
I am not a CPA nor am I a government employee. I am simply expressing myself under the 1st Amendment, as it currently exists. This is neither legal nor tax advice. All Americans have the God-given right called freedom of speech. Neither corrupt government nor collusive ‘tax professionals’ can stop us from speaking or from thinking. This site does not incite law-breaking, violence, or even tar-and-feathers for thieves in Congress or their bag-men at IRS. I will post links of reference at the bottom of this blog.
There are many who are privy to this information, and still others that refuse to receive it. How long have you been a slave? Since birth to be truthful. Once born, you are issued a certificate of birth. This actually certifies you as chattel to the Federal Reserve. This was made possible by Woodrow Wilson in 1913 when he signed the Federal Reserve Act, which he later apologized for doing, on his death bed. Most of us are now aware the Federal Reserve has no federal authority. It is, in fact, a central banking system that controls the prime interest rate, prints the U.S. currency, and manipulates Wall Street for the transfer of wealth. Were you also aware that the Fed is not a part of the U.S. Treasury? Did you know that the IRS is not either?
Are you aware, not one penny of your income tax collected pays for one single Federal program? Every dime collected goes to pay interest owed to the Federal Reserve. Why are you paying interest on a debt that you did not create. Why are you paying for interest on money printed by the Fed, and loaned to our government? Especially since the Constitution gives Congress it’s own authority to print currency. Article I section 8.
The IRS appears to be a collection agency for foreign banks, operating out of Puerto Rico under color of the Federal Alcohol Administration, which was declared unconstitutional by the U.S. Supreme Court in the case of U.S. v. Constantine, 296 U.S. 287 (1935).
The IRS is not a U.S. Government Agency. It is an Agency of the IMF. (Diversified Metal Products v. IRS et al. CV-93-405E-EJE U.S.D.C.D.I., Public Law 94-564, Senate Report 94-1148 pg. 5967, Reorganization Plan No. 26, Public Law 102-391.)
The IMF is an Agency of the UN. (Blacks Law Dictionary 6th Ed. Pg. 816)
The U.S. Has not had a Treasury since 1921. (41 Stat. Ch.214 pg. 654)
The U.S. Treasury is now the IMF. (Presidential Documents Volume 29-No.4 pg. 113, 22 U.S.C. 285-288)
Social Security Numbers are issued by the UN through the IMF. The Application for a Social Security Number is the SS5 form. The Department of the Treasury (IMF) issues the SS5 not the Social Security Administration. The new SS5 forms do not state who or what publishes them, the earlier SS5 forms state that they are Department of the Treasury forms. You can get a copy of the SS5 you filled out by sending form SSA-L996 to the SS Administration. (20 CFR chapter 111, subpart B 422.103 (b) (2) (2) Read the cites above)
How does that grab you? Your Social Security card is issued, not by the United States, but by the United Nations. Still don’t feel you are a slave?
You own no property, slaves can’t own property. Read the Deed to the property that you think is yours. You are listed as a Tenant. (Senate Document 43, 73rd Congress 1st Session).
Your Social Security check comes directly from the IMF which is an Agency of the UN. (Look at it if you receive one. It should have written on the top left United States Treasury.).
A 1040 form is for tribute paid to Britain. (IRS Publication 6209)
Is any of this starting to hit home yet? How about this:
We are Human capital. (Executive Order 13037) Section2 sub.b.
How many still believe that you must fill out a W-4 and sign it to gain employment? Would you be surprised to know that you are actually committing perjury by doing so? This is one act the government will not prosecute you for. It is actually an act they fully condone. They do this under the guise that you will pay willingly or voluntarily a percentage of your income, under threat of violating the IRS code. Here is the truth.
One cannot become a withholding agent unless workers first authorize taxes to be withheld from their paychecks. This authorization is typically done when workers opt to execute a valid W-4 “Employee’s Withholding Allowance Certificate.” In plain English, by signing a W-4 workers designate themselves as “employees” and certify they are allowing withholding to occur.
If workers do not execute a valid W-4 form, a company’s payroll officer is not authorized to withhold any federal income taxes from their paychecks. In other words, the payroll officer does not have “permission” or “power of attorney” to withhold taxes, until and unless workers authorize or “allow” that withholding — by signing Form W-4 knowingly, intentionally and voluntarily.
Pay particular attention to the term “Employee” in the title of this form. A properly executed Form W-4 creates the presumption that the workers wish to be treated as if they were “employees” of the federal government. Obviously, for people who do not work for the federal government, such a presumption is a legal fiction, at best.
Form W-4 is not mandatory for workers who are not “employed” by the federal government. Corporations chartered by the 50 States of the Union are technically “foreign” corporations with respect to the IRC; they are decidedly not the federal government, and should not be regarded “as if” they are the federal government, particularly when they were never created by any Act of Congress.
Now onto some information that will really get you thinking. How many of you have a copy of the IRC code? Why wouldn’t you have a copy of a book that claims you must surrender sometimes 30% of your annual income, interest free, to an organization that is not a part of the U.S. Treasury? My suggestion is that you go online and obtain a copy, for no other reason but reference for the codes that may or may not apply to you.
Once you have a copy of this little gem of information, I also suggest you try and find your job occupation listed anywhere in there that stipulates you owe a tax for your labor.
The Internal Revenue Code defines taxpayer as “any person subject to any internal revenue tax” at 26 USC 7701(a)14, and as “any person subject to a tax under the applicable revenue law” at 26 USC 1313(b).
Are you one of those ‘persons’ subject to an internal revenue tax? How would you know, unless of course you have read the very manual that is to clarify this statement. Would you like to know.
I have lots more to post, if you are interested. I will know from the responses to this first addition to educate the tax paying public.
A little teaser. What if I told you, you can be a legal non-taxpaying citizen. Would you be interested to know how? I am not telling you to break any laws. I am, in fact, telling you to follow the law to the letter.
Again, I am not a CPA, nor am I affiliated with any government organization. I am not giving legal or tax advice. I am simply expressing my 1st amendment right to express my views.
It is going to be increasingly hard for the government to shake down people that refuse to surrender their souls for a corrupt representation of the people. Americans are all too aware of the failures and downfalls of socialism. Some actually do pay attention. This push for more power, bigger government, higher taxes, is causing a rebellion of epic proportions.
Liberals are abandoning ship. Conservatives are moving farther to the right. The time of quiet submission is all but dead in this country. There will still be a few that will hang on to the belief that the government is their friend and knows best how to take care of them. The rest have realized that, for the government to take care of them, they must also surrender what they hold dear. Too many are not willing to give that up. Little things like freedom, liberties and privacy tend to make people more aggressive, with the threat of removal. Americans are not as unintelligent as they want us to believe.
First of all, let us dispel the theory that the income tax or the tax collected by the internal revenue is what keeps your services alive and well. The powers that be, would have you believe that taxes collected out of your income is what pays for your local and state services. This is of course, absolutely false. What most don’t realize is that your local police, fire, county emergency services, Sheriff’s department, schools, libraries, public roads and any other number of services are completely funded by your local taxes. For example: Your property taxes subsidize such functions as the library, fire department, schools and some road improvements.
When you buy a gallon of gasoline, as much as 40 to 60% of the purchase price is a fuel tax imposed by your state and federal government. These taxes, along with licensing fees and plates for vehicles, goes to pay for your highway infrastructure.
The truth is, not one cent of your income tax pays for a local service. Every dime collected goes to pay the interest owed to the Federal Reserve. This in itself is an illegal activity. The government does this unconstitutionally, since only congress was granted power to coin and tender currency on behalf of the nation. So what we have is a central bank issuing worthless paper “money” that controls our economy, our lives and our future. This private banking cartel was unconstitutionally granted this power by a devious, scheming group of senators back in 1913. In essence what they did was place the American people into indentured servitude by forcing “The People” to pay usury on worthless fiat currency (paper money created out of nothing), not to fund the government, but to enrich the bankers and fund wars in which America should never be involved. This system exists not to fund the government, but to allow the U.S. Congress carte blanche power to continue funding unconstitutional agencies and programs by providing them with a bottomless source of worthless ink.
The next thing they did was create the internal revenue service to give supposed power to congress to collect funds to pay for the debt occured by the then bankrupt United States Corporation. No matter how anyone views these statements, either lawful or unlawful, it remains in affect until something is done to remove the current system.
My suggestion is that everyone play the current system to their advantage. I will explain that a little later.
Some will tell you that the fair or the flat tax or the VAT *Value added Tax* would be the perfect answer to get rid of the terrible beast that is the IRS. To this I say, “Are you nuts”?
Seriously, why would you be willing to automatically pay a tax to the federal government on each and every purchase you make. This is still an unrepresented tax on your income. The draw down to this is, no more deductions. No mortgage interest, no earned income, no depreciation, no business expense, no deductions period. Thereby making a 30% income tax with deductions, reduced to possibly a 10% tax as an end result, null and void for a permanent tax of 23% or higher on every purchase you make. Not a good idea, in my opinion. The flat tax, again, no deductions. You pay a percentage of 20, 30, or even 40% of your gross income. If you commit to such a law, you are telling the government that you, in effect, want to be taxed. I cannot imagine this to be true of a sensible person.
If you stop and realize one important issue, if there is no fed, there is no need for the tax. A bill sponsored by Ron Paul HR1207, is designed to just that. Once the fed is audited, and the true picture that it is a corrupt system gets exposed, it will be the overwhelming consensus to shut it down. Now, if you allow them to pass one of the above mentioned taxes, you have simply replaced one beast with the same beast, just a different head.
For a clear and concise revealing of just what the federal reserve is, I strongly suggest that you take the time to read congressman McFaddens address on the floor of the House of Representatives in 1934. Pleas read this, it is important that you understand that Congress has been aware of the illegality of the Federal Reserve and has chosen to do nothing.
Devvy Kidd, has written tons of information on this subject, the following is a quote: “Strictly speaking, it probably is not necessary for the federal government to tax anyone directly; it could simply print the money it needs. However, that would be too bold a stroke, for it would then be obvious to all what kind of counterfeiting operation the government is running. The present system combining taxation and inflation is akin to watering the milk: too much water and the people catch on.”
Congressman Ron Paul: There is a great deal of chatter going on about”tax reform.” Along with this dog and pony show the government drags out – three or four times a decade – comes recommendations for alternative taxing schemes. None of this is new – it’s just a continuing smokescreen to pacify voters. One only need go through the Congressional Record back in the 1940s to see the discussions held by members of Congress on alternative taxing schemes.
Many desperate Americans are pushing for a “flat tax.” Others are pushing for equally dangerous and unnecessary taxation on the fruits of their labor in the form of a national retail sales tax, consumption tax or value-added tax – anything besides what is being enforced unlawfully now. But, is the income tax really an income tax? This is a very important legal point: Beware alternative taxing schemes.
What we need to do is take away the magical money machine called the “Fed,” which will force Congress to live within its means and fund only those activities specifically enumerated by the supreme law of the land in Art. 1, § 8 of the U.S. Constitution.
Now that we have some of those issues covered, “What about the Military?” argument. The military has and always will be funded by capital gains taxes. Not one dime from income tax, funds not one branch of the military. During WWII a direct tax was implemented to support the war effort, with the promise of it being expunged at the conclusion of the war. This was conveniently forgotten by congress once the war was over. The phrase “it is the patriotic thing to do” (pay your taxes) was primarily derived from this period in our history. Congress does not have the authority to impose such a tax, except under the provisions of a ‘Declared War’. We are not currently fighting any such declared wars.
Another little tidbit of information for your enjoyment. The federal government has been borrowing money from the Social Security and Medicare fund like drunken sailors for over 40 years now, basically to cover shortcomings in their out-of-control pork barrel spending spree. The current estimated IOU’s to these two very important entities is a whopping 101 TRILLION dollars.
Wasn’t that nice of them to at least leave an IOU? One you can be sure will never be repaid. Hence the current rush to pass a health care legislation to take the place of the failing of these two important factions of our lives as we all become senior citizens.
Honestly, what makes anyone believe there will be anything for this health care bill once it takes affect, FOUR YEARS after it is made law? All the money that you pay in higher taxes will be spent as it comes in. You see, there is this little thing called entitlements. We have a mess of those. Entitlements are programs and expenditures that the U.S. gov’t must pay for, whether it has the money or not. The current total for these entitlements is a whopping 2.2 Trillion dollars a year. So in other words, when you see 0bama cutting the military budget, he is ,in fact, saying to the big corporations and the elite (due to pay capital gains tax) that they are getting a huge tax cut. Mean while imposing a sin tax, tobacco tax, health care tax, increased federal fuel tax on the middle and lower income tax payer. Feel better now?
To cover other short falls, the governments, both Federal and State, have imposed an abundance of other taxes to cover short falls. In fact, many states charge a much higher fuel tax to cover holes in the state budget. If your state charges you an income tax, they are actually double dipping, into your pocket. You are actually paying more, simply because the person or persons you elected to be professional and create a budget for state expenditures, is shamefully inadequate at their job. I suggest you fire them post haste.
Has anyone yet figured out how it is fair to charge you a tax for dying?
Ok, now we have dispelled some of those nasty old myths about how and why taxes are payed. I suggested earlier that you pick up a copy of the IRC, or the Internal Revenue Code. It is going to be your best defense, or offense as it were, when dealing with those nasty old IRS representatives. The reason being, I will make a challenge to you all in post three of this series on why you are a slave to the U.S. Government. I hope, by now, you are coming to some realization that you are, in fact, such an animal. We need to be clear on who is required to be a slave and who is doing it voluntarily, under the false assumption that it is patriotic or an obligation.
Let’s see if your job is listed in here anywhere: Certain activities and categories of residency do have a liability to keep records, file forms, and pay, according to the Tax Code. That’s a critical point you’ll have to repeat as often as you discuss Tax Honesty with those who want to keep the scam alive. Some people are indeed made subject to the Tax Code, but not everyone is made subject. (Also, this means the Tax Code is constitutional, contrary to what some ‘tax protestor’ theories claim.)
I found things that make a person into a ‘taxpayer’ as defined in the Internal Revenue Code; things that apparently create taxable income. In all my years digging around in the Tax Code, I found a number of such activities and domicile situations:
- If I live in D.C., Guam, Puerto Rico, or the Northern Mariana Islands;
- If I’m involved in manufacture or sale of alcohol, tobacco, or firearms;
- If I’m an officer or employee of the federal government;
- If I operate a merchant vessel;
- If I’m a nonresident alien or a principal of a foreign corporation with income derived from sources within the United States;
- If I’m a resident alien lawfully admitted to a State of the Union, the District of Columbia, or an insular possession of the United States;
- If I entered a voluntary withholding agreement for government personnel withholding either as an ‘employee’ (3401(c)) or an ‘employer’ (3401(d)) (See 26 CFR §31.3402(p)-1);
- If I’ve ever been notified by the Treasury Financial Management Service that I was responsible for administration of government personnel withholding (26 U.S.C. § 3403), or have applied for and received a Form 8655 Reporting Agent Authorization certificate;
- If I’m an officer or employee of the Treasury or any bureau of the Dept of the Treasury subject to IRS authority related to submission of collected taxes delegated by Treasury Order 150-15;
- If I receive items of taxable income from foreign sources;
- If I receive foreign mineral income;
- If I receive income from foreign oil and gas extraction;
- If I receive income from a China Trade Act corporation;
- If I receive income from a foreign controlled corporation as fiduciary agent of the corporation;
- If I receive income from insurance of U.S. risks under 26 U.S.C. 953(b)(5);
- If I receive taxable items of income from operation of an agreement vessel under section 607 of the Merchant Marine Act of 1936, as amended;
- If I receive items of income from a public works contract subject to Federal income and Social Security tax withholding;
- If I own stock in, do business with, or have anything else to do with a corporation in which the [Federal] United States of America owns stock. (See notes following 18 U.S.C. § 1001. Chapter 194, 40 Stat. 1015);
- If I receive wages, remuneration, or other compensation as an officer or employee of an oceangoing vessel construed as an American employer;
- If I receive gambling winnings from the District of Columbia or insular possessions of the United States;
- If I receive items of income from maritime (international) trade in alcohol, tobacco or firearms;
- If I receive items of income from production and/or distribution of alcohol, tobacco or firearms in the District of Columbia or insular possessions of the United States;
- If I receive any items of income from activities taking place within an “internal revenue district” as such districts have been established under authority of 26 USC 7621 (U.S. Customs ports);
- If I receive items of income from maritime (international) trade in opium, cocaine or other controlled substances.
“The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. . . . The individual’s rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.” Redfield v. Fisher, 292 P. 813, 135 Or. 180, 294 P.461, 73 A.L.R. 721 (1931)
“The taxpayer must be liable for the tax. Tax liability is a condition precedent to the demand. Merely demanding payment, even repeatedly, does not cause liability.” Boathe v. Terry, 713 F.2d 1405, at 1414 (1983)
I will show you how to challenge the legitimacy of an IRS request for you to file. They must also obey they laws listed in the IRC . They cannot ask you to perform an action you are not obligated to perform.
I am not a CPA, nor am I affiliated with any government organization. I am not giving legal or tax advice. I am simply expressing my 1st amendment right to express my views.
The Tax Code does make some people subject to an income tax. It does make some people into Taxpayers; you just read a long list in part 2 of this series. But I’m not on that list…I’m a law-abiding, happy Nontaxpayer.
I am a law-abiding Non-taxpayer; have been for 22 years and I don’t fear my employees at the IRS.
This Tax Honesty Primer is for Americans like me, who are as mad as Hell at the corrupt, brazen Washington D.C. al Qaeda that believes they can do whatever they please no matter how unconstitutional (i.e., ILLEGAL) and yet coerce Taxpayers to keep pulling the load like stupid oxen. You’re not an ox; even if you graduated from government schools, you have a brain. It’s not illegal to use it.
A new interactive website called AmericaAgain! was launched just before Thanksgiving 2009, and http://www.myamericaagain.org/ will soon be offering citizens the first self-government mechanism in American history. One duty of self-government is to financially embargo corrupt and illegal government, so Tax Honesty has a larger purpose than just allowing us to keep more of what we earn.Yet, for the past two decades and more, I haven’t been financially supporting the cartel. Not anymore. After I proved to myself that the Tax Code is perfectly constitutional, I had no problem with the Tax Code. I obey it. I just don’t let scammers skim my checks; admittedly, being a Texan (no state income tax) and being self-employed, this is much easier for me than for some.
The Best Book Exposing Congress’ Tax Scam
This book, Constitutional Income: Do You Have Any? is in its 3rd printing, and except for the Tax Code itself, is the most valuable resource that you can possibly have on your desk, if you want to know the truth about how this all happened in the period 1909-1913.
You can read parts 1 to 4 at this link: http://www.vivienkellems.org/ Click withholding, and at the bottome continue to part 1, etc. This is not the entire book, but the major arguments and explanations of the history of taxation. On this same link, click the social security tab.
You might be surprised to find out, there is no contract or obligation by the U.S. Gov’t. to pay you back SS tax collected. So, they collect the money from you for 40 or 50 years of your adult life, yet are under no obligation, contractural or otherwise to return that money to you. This is an issue that will be covered in the final chapter in this series.
If you write to them in response to their inquiry for your missing filing , certified mail, asking: “Where is the section of law making me legally liable for keeping records, filing returns, and paying your demands? Some things are called out as taxable activities in the Tax Code; in fact, many activities. But most aren’t…including my line of work. So can you show me where the law creates a liability for my own kind of gainful activity, as it does for all those others?”
If you ask such a question, don’t hold your breath waiting for an answer. In all the years I’ve been a law-abiding Non-taxpayer, just like their bosses (my members of Congress), all the IRS operatives engage in willful evasion:
1) “we haven’t finished our research; we’ll get back to you”, or
2) “we forwarded your request to the office shown below”.
Point #1 Tax Honesty is the opposite of ‘tax protesting’; it is responsible citizenship. It’s neither anti-government nor anti-tax; rather, Tax Honesty is anti-corruption and anti-terrorist.
Point #2 As a corollary to Point #1, we all agree that lawful taxation is necessary to fund the lawful functions of government.
Point #3 Tax-theory gurus will keep being convicted for selling loopy theories, but Tax Honesty doesn’t support tax-protest theories, theories about the 16th Amendment, theories like “wages aren’t income”, or 5th-Amendment rights theories. Non-taxpayers must not take “positions” or seek to do away with the Tax Code or the IRS. As I see it, Tax Honesty supports the Federal Tax Code as written.
Point #4 You can find in-depth treatment of specific issues at the links. What Is Taxed focuses on data mining the Tax Code and federal regulations; Synaptic Sparks explains the legal principles of Tax Honesty.
Point #5 If you work in the tax industry (government or private-sector) and want to leave the Axis of Evil, I’m happy to answer your e-mails but don’t e-mail to debate me. You’re defending a scam and I took the red pill. Go pound sand.
Your threat “I’ll visit you in prison!” is hilarious; of 67 million non-filers, fewer than 250 are even recommended for indictment by IRS annually and they’re people who: 1) demand refunds, 2) file and sign things but then refuse to pay, or 3) follow wacky theories. IRS recommends eight times as many filers for indictment each year, as non-filers. So you’ll visit eight of your filer friends in prison before you visit one non-filer like me there.
According to former IRS Fraud Examiner (later Tax Honesty spokeswoman) Sherry Jackson, there were 67 million non-filers as of 2005 compared with ‘only’ 30 million non-filers by Commissioner Rosotti’s 1998 estimate. That’s an astounding growth rate. With an estimated 110 million filers, this means that at least one in three Americans is no longer underwriting the corrupt Congress’ bailout and check-skimming machine.
Since his election, Obama has made no attempt to hide his socialist plan. Buying and controlling corporate giants using your tax dollars whether you agree with socialism or not. Lately (summer 2009) the D.C. al Qaeda attempts to kill America’s honest medical profession and small businesses through socialist medical utopia…creating a whole new world of dishonest medical practice.
I think the poor Taxpayer is finally just about at his breaking point…and willing to do some homework. That’s what this post is all about.
No law makes the average American liable for income tax. Does that statement sound unbelievable? It’s been asserted and then proven beyond reasonable doubt to juries across America over two decades:
- Thomas Reeves of Paducah, KY made the same assertion in 1988; the jury acquitted him.
- Franklin Sanders and (16) co-defendants in the Memphis area made the same assertion in 1991; the jury acquitted them.
- Gabriel Scott of Fairbanks, AK made the same assertion in 1992; the jury acquitted him.
- Lloyd Long of Chattanooga, TN made the same assertion in 1993; the jury acquitted him.
- Frederick and Christopher Allnut of Baltimore, MD made the same assertion in 1996; the jury acquitted them.
- Gaylon Harrell of Logan County, IL made the same assertion in 2000; the jury acquitted him.
- Donald Fecay of Detroit, MI made the same assertion in 2001; the jury acquitted him.
- Vernice Kuglin of Memphis, TN made the same assertion in 2003; the jury acquitted her. Dr.
- Lois Somerville of Lake Mary, FL made the same assertion in 2003; U.S. District Judge Patricia C. Fawsett acquitted her.
- Former Treasury Department CID agent Joe Banister made the same assertion in 2005; the jury acquitted him.
- Attorney Thomas Cryer of Shreveport, LA made the same assertion in 2007; the jury acquitted him.
Every case stands on its own fact situations, I know. But a person also shouldn’t listen to freeloaders who put a guilt trip on those who don’t file, suggesting that “Non-taxpayers don’t pay their ‘fair share’ for roads, schools, and trash pickup!”
Learn what all those jurors learned: those things are not funded by federal tax revenues. I have explained this to nauseum in the previous posts.
The law and the IRS can be left exactly as they are, with just one simple change: IRS employees must obey the law and not commit fraud or extortion.
Let me say again: this is not legal or tax advice. Learn as you read, and don’t let this be all you read. Take everything with a grain of salt until you test statements against one another, and against the law as written.
With respect to the income tax, law means the actual words of the Tax Code; nothing else is law. Not an IRS letter or demand, and not an IRS pamphlet or flyer about “your rights as a Taxpayer”. Those are P.R. eyewash from an administrative branch agency, the stimulus gang’s bag men. IRS publications have ZERO legal weight.
Under our rule of law everyone – including IRS employees – must obey the law. Remember that next time your employees try to terrorise you. When you read the citations of U.S. Supreme Court rulings, and you’re trying to decide who has more clout in the system, keep the following section of the Internal Revenue Manual in mind:
Internal Revenue Manual
Importance of Court Decisions
“A case decided by the U.S. Supreme Court becomes the law of the land and takes precedence over decisions of lower courts. The Internal Revenue Service must follow Supreme Court decisions. For examiners, Supreme Court decisions have the same weight as the Code.”
So, the U.S. Supreme Court trumps anybody at the IRS. Remember that. Whether you’re a filer or non-filer, you should own a current copy of the Tax Code. Don’t waste hundreds of hours being dragged by the nose through Congress’s maze of smoke and mirrors; instead, I cannot stress this enough, purchase a copy of the IRC. No one, especially and IRS representative is going to take you real serious if you have never even opened a copy. Not to mention, this is your rule book for being a legal non-taxpaying citizen.
a) buy a copy of the latest IRC (Thomson Reuters’ single-volume is great)
c) go to my website The Tax Code For All http://www.taxcodeforall.blogspot.com/ for a list of the mere (124) lines in the Code that specifically indicate activities imposing a legal duty to keep records, file, and pay. Highlight and tab those sections. Don’t believe the tax industry line about how “huge and confusing” the Tax Code is. Baloney; they just want you to stay scared and confused.
Again, I’m not a tax lawyer, CPA, tax accountant, nor do I offer legal or tax advice. I’m a follower of Christ first, a Texan second and an American third. We have the God-given right to speak about our rights and duties for self-government; the government and tax industry practicioners and terrorists can’t restrict that right.
Who must provide Form W-4 or W-9?
I’ve asked IRS a dozen times where the Code says that I must, by law, file returns. The law and their operations manual stipulate that they MUST give me an answer, not their PR hooey. Yet in 20 years, they’ve given me nothing but evasion, which in themselves are all violations of their operating rules in their IRM*Internal Revenue Manual*. Since they refuse to respond, I tell them to pound sand every time they bother me.
Out of us 67 million non-filers, maybe 20-30 million of us are real, law-abiding Nontaxpayers. Maybe even fewer; I really don’t care. I do know that IRS hauls just two or three high-profile citizens into court each year to make the terror show work on your mind.
I looked at all the things shown as taxable in the Code, and I found plenty of them. I started demanding that my employees at IRS show where I was made liable. They never can, yet their operations manual — and the law — demand that they do so. As long as they refuse to listen to their employers, I’m free to disregard the Tax Code as I disregard any other law that doesn’t apply to me. Nowhere in the Code does it speak to my activities in specific terms.
“The taxpayer must be liable for the tax. Tax liability is a condition precedent to the demand. Merely demanding payment, even repeatedly, does not cause liability.” Boathe v. Terry, 713 F.2d 1405, at 1414 (1983)
Refer to the -IF table of who is liable to file and pay taxes in Part II of this series.
Many taxable activities! But I haven’t found my line of work in there anywhere. In fact, I haven’t found the activities of the average American living and working in one of the 50 States.
I repeatedly demanded any citation of law from IRS and my representatives in Congress, that makes me a Taxpayer as defined in law, since so many other activities ARE treated specifically in the Code. But year after year, I only got evasion from IRS employees. After the first few years, my terror victim conditioning finally wore off and I’ve remained a happy Nontaxpayer ever since.
‘The sky is blue’ is not a position; it’s fact
All that you have read, is not a “position” or a tax protestor theory; it’s facts and law.
The Tax Code does make some people subject to an income tax. It does make some people into Taxpayers; you just read a long list in Part II. But I’m not on that list…I’m a law-abiding, happy Nontaxpayer.
Black’s Law Dictionary Agrees…
Black’s Law Dictionary defines the legal principle inclusio unius est exclusio alterius as dictating that “where law expressly describes a particular situation to which it shall apply, an irrefutable inference must be drawn that what is omitted or excluded was intended to be omitted or excluded.”
We see there are many sections of the Code describing ‘particular situations to which it shall apply’ and since I can find nothing showing that my activities are taxable, “an irrefutable inference must be drawn” that my income is not taxable.
…and the U.S. Supreme Court agrees…
“Keeping in mind the well-settled rule that the citizen is exempt from taxation unless the same is imposed by clear and unequivocal language, and that where the construction of a tax law is doubtful, the doubt is to be resolved in favor of those upon whom the tax is sought to be laid.” Spreckels Sugar Refining Co. v. McClain, 192 U.S. 297 (1904) .
“In the interpretation of statutes levying taxes it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out. In case of doubt they are construed most strongly against the government, and in favor of the citizen.” Gould v. Gould , 245 U.S. 151 (1917) .
“In view of other settled rules of statutory construction, which teach that a law is presumed, in the absence of clear expression to the contrary, to operate prospectively; that, if doubt exists as to the construction of a taxing statute, the doubt should be resolved in favor of the taxpayer…” Hassett v. Welch., 303 US 303, 82 L Ed 858. (1938)
This well-settled law appears to demand that in determining tax liability, government must maintain a presumption of innocence; nothing can be presumed taxable until finding in law what is specifically indicated to be so.
…and Sutherland’s Rules agrees…
Recognized as a core text on statutory construction by the American Bar Association, Sutherland’s Rules of Statutory Construction is a ten-volume exhaustive resource providing all the acknowledged principles of American statutory interpretation.
In Sutherland 66:1 entitled “Strict Construction of Statutes Creating Tax Liability” I found the following, precisely in line with the century of Supreme Court rulings just noted: [I]t is a settled rule that tax laws are to be strictly construed against the state and in favor of the taxpayer. Where there is reasonable doubt of the meaning of a revenue statute, the doubt is resolved in favor of those taxed. Revenue laws are considered neither remedial statutes, nor laws founded upon any public policy, and are therefore not liberally construed.
…and the Internal Revenue Manual agrees
Then I realized that even an unsigned, computer-generated demand for money can be extortion. When I’ve demanded to see the law I’m violating or a law that supposedly made me owe a tax, the IRS operative must obey his/her operations manual and show me the law.
- You cannot be forced to commit perjury.
- You cannot be asked to self incriminate. You cannot be asked to submit records to the IRS if they will Incriminate you.
- You cannot be asked to witness against yourself.
- A summons by the IRS is not a court order.
- Keep hard copies of all correspondence with the IRS.
- Make all correspondence my mail, not phone, and keep a hard copy.
- All correspondence to be made by certified mail. They must sign a receipt.
- Never volunteer information .The burden of proof is on the IRS, don’t help them.
- Any mail that is not certified does not require a response, use your best judgment. A letter asking you to verify your SS# , daytime and work phone is a fishing letter. They are not sure that they are even talking to the right person. I have received several of these over the years. They all end up in the garbage.
- Keep all envelopes from the IRS. They are not a part of the U.S.Treasury, and this is mail fraud. They do this primarily to intimdate you.
- A notice of lien or levy is not a court order. Bank accounts and property cannot be seized or liened without a court order.
- You may wish to become fully vested (not owning any property in your name). This protects you from attempted seizure by the IRS. If you transfer, leaving yourself with power of attorney, make sure it is documented correctly. Don’t wait until you have been called for an audit to perform this action. It will be seen as an attempt to defraud. This is the downfall of many legal non-taxpayers. This gives a court a reason to suspect foul play where none actually exists.
- Since you have been in the system for many years, the letters will probably start coming after the first year you stop filing. Your reply has been explained previously. Don’t resort to fear, they are your employees. If they call you on the phone, simply tell them you don’t hear so good, but you can read just fine. All future contacts are to be made via the U.S. Mail, thus leaving a paper trail of their demands, your replies and their response to your replies and inquiries. Again, keep hard copies in a safe location, in case future reference is needed.
- If you are self employed, you may not hear from them for several years. Don’t panic. This is a good thing. I once went 6 years without hearing a word.
- Never take the stance of, “Show me the law”. This is not going to go over well. Make your inquiry specific as stated above. Be respectful but firm, as you would with any other employee. They have to go by their own IRM and give you the law that specifically pertains to you and your type of occupation. That is the only avenue of discussion to pursue. Rhetoric about the illegality of the Fed, or the IRS, or ratification of the 16th amendment, are irrelevant. You are a legal non-taxpayer, under the law.
The next part in this series will cover how specifically to deal with IRS inquiries and letters. I will also cover irrelevant arguments that some use to promote tax protests, and why most of them will put you on the wrong end of an audit. You are well on your way to breaking the chains of slavery. You too can be a legal nontaxpaying citizen.
Some text in these posts are direct statements from source material. Some portions are edited in regards to my personal experiences in these matters. I do not claim that all of this material is my own, simply a conglomeration of facts derived from many sources and much study in my 22 years of not paying income tax.
The following is an excerpt from Bill Conklin’s book ” Why No One is Required to File Tax Returns… and what you can do about it”. He has been labeled a Tax Protester, and has personally battled the IRS on numerous occasions with several victories. If you would like a copy of the .pdf to read, http://www.anti-irs.com/. This is one of the few men I would trust to represent me in a IRS court exchange.
As I learned more and more about my rights, the constitutional protections of my rights, and the intricacies of IRS procedures and the federal court system, I eventually realized that I was on to something big. I saw the IRS’ use of return information in criminal cases directly colliding with the Fifth Amendment. I realized that the Achilles heel of the federal income tax code was in the Bill of Rights to the United States Constitution, specifically the Fifth Amendment.
Much additional case studying and research in the law library convinced me that the Fifth Amendment was the reason I had never been able to find a specific statute requiring me to file an income tax return! I began publishing an offer for a reward of $50,000.00 to anyone who could satisfactorily answer the following questions:
1. How may I file a tax return without waiving my Fifth Amendment protected rights?
2. What statute in the Internal Revenue Code makes me liable to pay the income tax?
I’ve published my reward offer for several years now, and although several famous attorneys have applied for it, none of their answers have really qualified them for it.
Also remember, if ever called to be a juror in an IRS tax case, please do your duty, and take a seat. Do not let them know that you are aware of jury nullification. Once you have heard the case, exert your right to nullify and have the case dismissed. This was a common practice in the state of Montana for many years, when IRS cases were tried.
A much suggested watch. America: Freedom to Fascism, by Arron Russo: http://video.google.com/videoplay?docid=-1656880303867390173#
I hope that this information is helpful to you, and that you decide to no longer be a slave to the U.S. Govt. I vow, if not victorious in a court of law by a jury of my peers, I will sit in a jail cell with free room and board, before I donate a red cent to the corrupt regime that chooses to oppress me, and keep me in unjust and illegal bondage.
To tell me I have to pay a tax to earn a living, to provide for my family, inherently says that I am owned and must pay dues of some sort to gain your permission to survive as a human being. I am not owned by anyone nor by any govt. I refuse to submit to slavery by whatever classification they deem fit to call it.
Written by Technotrucker on Sodahead.com