Now here is an ugly topic. Congress is preparing to hand another $300 billion over to these mortgage holders and so help me, I don't see how that is going to help a single soul in trouble with their mortgage problems caused the crashing economy. Congress could probably buy down the homeowner's mortgages to half with that sum of money and revalue the houses to the current economy if they want to blow another $300 billion they don't have. That would be better than what they are planning. The right thing to do, of course, is nothing, but how could Congress possibly miss an opportunity to commit another multi billion dollar blunder at taxpayer expense?
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I frequently see people trying to convince other people to stop paying taxes and the other people all too often end up in a stand off with Federal Marshals or in jail or with their property seized. Let me ask you a few things:
1. Do you pay taxes?
2. How much legal background do you have?
3. How much have you had to spend on lawyers? (obviously a no-go if you have a decent legal background.)
4. How much time/energy have you put in fighting the IRS, how many trips to court?
Pat
PS I am a year and a half from retirement, so not much to gain against the risks in my case but I am sure younger people are reading this and have the same questions.
I doubt that I could afford the shipping on a complete copy of the tax code or have enough years left in my life to read it all, much less wade through the legalese. I do, in fact, believe that income tax is illegal and a scam. I am also aware that failing to comply with it can land one in jail for a very long time. Our very coersive government has been playing "might makes right" for a long time and like most citizens, I am angry but I cannot afford a battery of lawyers or to spend years of my life in jail being right. Hence, I am here, meeting with you good people, and with other groups online and participating in group efforts harrass and browbeat my Congressmen before votes on critical issues, to try to get better people elected, and to support Ron Paul's r3VOLution in any way I am able.
I like the concept of investigating Congress, but who is mighty enough to investigate the Lords of the Realm, or are they really just court jesters?
Pat
What is it about Ron Paul's followers that makes you conjure up these non-existent dark armies at your door?
Don't push yourself into a dark corner to whine, Pat; it isn't fitting. Voting and browbeating politicians is decidedly NOT the Ron Paul revolution! Such empty political activity will only send you to your grave bitter and beaten. You paint it as though reading is too heavy a price for liberty!
You're mistaken in suggesting that you must read the entire Tax Code. Once a citizen sees how it's laid out and starts leafing through the sections, he discovers that almost none of it applies to the average person. He sees that whole huge sections he can gloss over because they do not apply.
But you're tired, fine. Look, surely if you let them skim your checks, they take more than $100 per year? That's the cost of the Thompson/Ria 2008 single-volume Tax Code. A pittance, in exchange for the truth that can set you free!
To dig right to the meat, go to my "TaxCodeForAll" website and I show you, line for line and word for word, the mere (124) lines of the whole 9,500 page Tax Code (literally 1/10th of 1% of the Code) that you should highlight and tab for reference. These are the specific places where the Tax Code lays a duty for a tax on certain activities.
Pat, you make several misleading statements, such as "failing to comply with it can land one in jail for a very long time". Do you know that this door swings both ways? That IRS personnel failing to comply with it can ALSO land in jail, and if you know the law and USSC rulings, you can let them know that, and they will leave you alone?
No, of course you don't know that. You're in abject terror of a ghost of your own devising!
Pat, the federal income tax is CONSTITUTIONAL, and it is LEGAL, by definition! The Tax Code is law and must be obeyed by ALL, including IRS employees and the income tax industry 'professionals' who misrepresent the law just to keep their careers!
The conventional tax industry party line is that the Tax Code reads like the Revenue Act of 1894: “There shall be assessed, levied, collected, and paid annually upon the gains, profits, and income received in the preceding calendar year by every citizen of the United States . . . from any profession, trade, employment, or vocation carried on in the United States or elsewhere, or from any other source whatsoever, a tax.”
The income tax industry repeats this lie thousands of times a day. It's a demonstrable lie -- yet it’s a popular lie due to the lifestyles it supports, and a widespread lie because it’s backed by armed coercion – a popular tactic of terrorist governments.
Pat, did you know that the language above from the Revenue Act of 1894 was declared unconstitutional by the Supreme Court and overturned for violating the Constitution’s rules for uniformity and apportionment, and the Court directed Congress to refund all tax revenues received thereunder? No; of course you didn't know that, because you are obviously too tired and beaten to even read a little history. You just assume that what your "captor" tells you is so, is really so.
The problem is: your "captor" is your own lethargy and fear! So the federal tax code says no such thing; read it for yourself.
To show a duty for an income tax, the government must first show a statute taxing some activity in which the citizen is engaged; some privilege whose use the citizen enjoys. No matter how often or how forcefully it may make demands, the government cannot extort money under the guise of taxation; it must show a legal duty for such a tax. No ‘common knowledge’ – no ‘everybody knows’ doctrine – can create a legal duty, Pat. Only operation of law or contract between parties can do so!
“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)
No matter how angry and terroristic they get, Pat, the IRS can’t cause a liability for you; they have to show you that liability from the Code.
And they can't fake it, according to their own Internal Revenue Manual:
4.10.7.1 Overview.
Examiners are responsible for determining the correct tax liability as prescribed by the Internal Revenue Code. It is imperative that examiners can identify the applicable law, correctly interpret its meaning in light of congressional intent, and, in a fair and impartial manner, correctly apply the law based on the facts and circumstances of the case.
4.10.7.2 Researching Tax Law.
Conclusions reached by examiners must reflect correct application of the law, regulations, court cases, revenue rulings, etc. Examiners must correctly determine the meaning of statutory provisions and not adopt strained interpretation.
4.10.7.2.1.1 Authority of the Internal Revenue Code.
The Internal Revenue Code is generally binding on all courts of law. The courts give great importance to the literal language of the Code.
Do you want to see where those sections of the IRM originated, Pat? In Black's Law Dictionary and in well-settled rulings of the U.S. Supreme Court, and in Sutherland's Rules for Statutory Construction:
Black’s Law Dictionary
[the legal principle of] inclusio unius est exclusio alterius
“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.”
I can show you many sections of the Code describing particular situations to which it shall apply (alcohol, tobacco, firearms, merchant shipping, foreign-earned income, citizens of D.C., Guam, Puerto Rico; federal employees) but I can find nothing showing that most Americans' activities are taxable. So “an irrefutable inference must be drawn” that most Americans' income is not taxable....until they self-assess under penalty of perjury, and sign as 'Taxpayer' that they owe amount "X"!
“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)
These Supreme Court rulings demand that in determining tax liability, government must apply the same rule used in every American court: the presumption of innocence, which according to the high Court, assumes nothing to be taxable until finding in law what is specifically indicated to be so.
Recognised 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" we read the following, which is precisely in line with the Internal Revenue Manual sections and long-standing rulings of the Supreme Court just noted:
"Notwithstanding the crucial importance of tax revenues for the support of governments and its services, it 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."
Here, Pat...a few more rulings to soothe your tired, fevered brow:
“The sixteenth [16th Amendment] does not justify the taxation of persons or things previously immune...it does not extend taxing power to new or excepted citizens... it is intended only to remove all occasions from any apportionment of income taxes among the states. It does not authorize a tax on a salary.” Evans v. Gore, 253 US 245 (1920) [emphasis mine]
“realizing and receiving income on earnings is not a privilege that can be taxed. . . Since the right to receive income or earnings is a right belonging to every person, this right cannot be taxed as a privilege” Redfield v. Fisher, 292 P 819 [Oreg. 1930]; Cole v. MacFarland, 337 S.W. 2d 456 [Tenn. 1960]
So except for all the Taxpayer dufuses that just self-assess out of tradition, and sign away 1/3 of their income out of ignorance and sheer terror of their employees...what sort of activity can the government tax by law?
The use of a privilege. For example, government can tax a corporation for the privilege of existing; a corporation is “an artificial entity which owes its existence and charter powers to the state.” It can declare an excise on “the particular privilege of doing business in a corporate capacity.” It can tax “special rights, belonging to the individual or class, and not to the mass, . . . an exemption from some general burden, obligation or duty” (Redfield, 819; Flint, 151; Cole, 456).
However, I believe that those who maintain that only corporate profits are taxable are simply wrong. The Tax Code makes many things subject to a tax, without regard whether they are corporate or whether they are profits.
The income tax is “laid upon the happening of an event [the use of a privilege], as distinguished from its tangible fruits [the income].” “the tax is imposed upon the doing of business of the character described, and the measure of the tax is to be the income” (Eisner v. Macomber, 252 U.S. 206-7 [1920]; Tyler v. United States, 281; Flint, 146).
The Code defines taxpayer as “any person subject to any internal revenue tax” (26 USC 7701a14), and as “any person subject to a tax under the applicable revenue law” (26 USC 1313b). Great, so now with all those sections of the Internal Revenue Manual, and all those federal court rulings under your tired, lazy belt, Pat: did you know that you’ll never find a section of the Code making you subject to the tax, or in other words making you a taxpayer?
Go ahead and try if you think you can. I'll eat my words right here, if you do.
Or go to my American Glasnost website to learn more, without even spending the lousy $100 to set yourself free of your imagined 'jailers'.
www.americanglasnost.blogspot.com
www.taxcodeforall.blogspot.com
Watch Glenn Beck tonight! He's one of the few who have been covering the housing bailout truthfully (as opposed to that idiot Lou Dobbs who's whining that the gov't isn't doing enough to help home "owners" or should I say home moaners or maybe loan owners). He is calling for an investigation for Congress for getting us into this mess. Go Glenn!
But the mortgage debacle is a tiny stub compared with the overall financial scam the Congress has been running for 90 years. For the life of me, I don't know how you in the 'Taxpayer fair share' line can be so gullible.
Taxpayer, how long will you keep paying for corruption and folly, allowing the DC al-Qaeda to skim your paychecks without even buying a copy of the Tax Code to see if you even have a legal duty to let them skim like that? For goodness' sake, don't you understand you're on the wrong side of history, ethics, and economics? Do you really not realise that every one of the Congress' scams and follies are being funded by YOU!?
Today is Monday; right now, you're starting off another week at work in LaLa Land, working to fill the coffers of brazen criminals in public offices. Can it be that although there are 67 million Nontaxpayers already, YOU -- a politically-active American, still haven't heard about Tax Honesty? Haven't discovered that the US Congress has been running the largest financial fraud in human history? Do you honestly not realise that entire parasite industries (tax law, tax accounting, tax preparation, tax software/publishing/seminars, tax-avoidance funds and counselors, 'IRS workout consultants', the entire mortgage industry, the entire leasing industry, the entire non-profit industry, religious and secular) have been piled on the backs of productive Americans for generations and producing NOTHING in the economy?
Are you really that clueless about life? Face it: you have been that clueless.
It's not because you're intellectually challenged; there are some very intelligent people on this forum. It's only because you've followed the lead of your parents, teachers, co-workers, your pastor, and your trusted 'professional' consultants. How could you put together that a HUGE portion of the parasitic activity in our economy is tied back into Congress' IRS scam? You've been too busy paying your mortgage, your credit card bills, and "your" taxes, right?
That's your enemy's strategy: keep you too busy to read. Too in debt to study civics or history. Too busy to logically, rationally process the events of our day amidst the rush and din of news cycles.
Did you think the Tax Honesty movement is hacking away at ONLY that $1 trillion in check-skimming that can be plowed back into the productive sector? Absolutely not; see that long list of parasite industries above? Well, imagine that tomorrow, in addition to not carrying the IRS al-Qaeda, you also stopped carrying all those OTHER parasites! Imagine that you stopped spending the hundreds of hours per year on record-keeping for al Qaeda! Nontaxpayers already live in such liberty and relative prosperity so we are much more recession-proof and have less stressful lives, all else being equal.
But if Tax Honesty finally wins the hearts of the vast majority of productive Americans, can you imagine the economic impact!!? America would have the most robust, hope-inspiring economy on earth.
Law-abiding Nontaxpayers are the tip of the spear in defending our Constitution and rule of law; we're not just talking as though we're patriotic; we're living and working as patriots. We're enjoying life a great deal more than you are, too.
I say this not to gloat, but to goad you into performing your due diligence as an American.
If you're an average American, ever since your first paycheck you've never had a legal duty to file forms, keep records, or pay extortion to the IRS. [If you're involved in manufacturing or selling alcohol, tobacco, firearms, explosives; if you make foreign-earned income; if you are an agent for a foreign corporation; if you live in Washington, D.C., Guam, Puerto Rico, the Marshall Islands, etc; if you operate a merchant vessel; or if you work for the federal gov't, then you DO have a duty, and I can show it to you in the Tax Code.]
Yes, Congress is very bad. The sub-prime mortgage deal is a debacle; but the whole mortgage and banking disaster is chump change compared with the international scandal of Congress' IRS and Federal Reserve scams, ongoing since before WWII. The economic roller-coasters that Congress has forced the American family to endure -- run entirely on skimmed cream from 130 million paychecks! -- has also enlisted entire industries of 'professionals' who live on their cut of corruption and voodoo economics. That tax-exempt investment fund manager...that 'tax free donation' religious charlatan...that leasing company...and the list goes on to include millions of Americans in this false 'shadow' economy built on the IRS scam.
Do you see the parallel to the collapse of the USSR? A great, great many people in the public and private sectors -- people with lovely offices, cars, jets, Cancun villas, and reputations you would die for -- they will have to re-enter the job market right alongside that factory worker and truck driver. They have been living as parasites, no matter how high their lifestyles. Ethically and morally, they have been far lower than the bowling-alley, beer-drinking rubes they've looked down upon. Money does not equal character; in economic collapses, real character floats to the top.
No citizen deserves freedom who is so ignorant, or so afraid of his employees, or both -- as to fail to exercise self-government as is our duty as Americans. Turn off the damned Chicken Little news for one cycle, will you? The din and frenzy will still be there when you tune back in. You need to take some time to THINK...to read.
You have met the enemy, Taxpayer. For all these years, the enemy has been YOU.
www.americanglasnost.blogspot.com
www.america-again.blogspot.com