Hard Evidence That Form 1040 Has NO Legal Basis In Law

Here is some of the relevant info from the referenced site;



What the agents did not know, however, was that two weeks earlier, on September 24th, the Lears had filed the same document as a formal public legal record in their local county courthouse at office of the Registrar of Deeds.

On February 28, 2005, after additional contacts with IRS officials in which Bill Lear repeatedly asked the IRS to provide specific legal guidance to him so he could know which tax form the law required him to fill out, and thereby comply with the terms of his probation, the Lears again confronted the IRS agents in a meeting in Rep. Hoekstra´s office.

At that meeting, and after a heated discussion with IRS agents, confronting them with government documents and evidence clearly showing Form 1040 has no authority in law, IRS ended the discussion by telling Lear that the law required him to use “Form 1040” to file his returns.

Frustrated and agitated with the exchange, IRS Agent J. McWilliams stated that Lear “wasn´t cooperating with the IRS”, and that Lear was “going back to prison.”

On March 2, just days before Lear´s probation was due to expire, IRS filed a probation violation complaint with the federal probation office. Lear was promptly served Notice of the hearing that could send him back to prison.

On March 4, the Lears filed a Habeas Corpus regarding the original conviction.

On March 9, Lear filed a pleading answering the alleged violation of probation.

On March 10, Lear also decided to “hedge his bet” and filed the delinquent tax returns, but signed the tax forms “under duress.”

On March 14, 2005 - Lear appeared before Magistrate Joseph G. Scoville who found cause for the violation and sent the case to Judge Quist for a formal hearing.

It should be noted that IRS routinely rejects tax returns signed “under duress” due to the obvious due process implications related to the use of force, threat of force, or other intimidation to coerce an individual to swear to a statement made under “penalties of perjury.” It should be further noted that although required by the terms of his probation, Lear did not make any payment toward the alleged taxes or penalties due for the returns he was convicted for willfully failing to file.

Finally, on March 21st, the Lears filed a Motion to Quash the Release Revocation Hearing. Contained within this motion was the formal “Challenge of Authority” document that had been previously recorded in their local county courthouse as a legal public record.

On April 12, Lear and his wife Rose appeared in court for Bill´s probation violation hearing.

Instead of publicly confronting the merits of the alleged probation violation and asking the court to send a “recalcitrant tax convict” back to prison, attorneys for the DOJ and IRS withdrew their complaint alleging the probation violation.

WHY?

Because under Rule 902 of the Federal Rules of Evidence, a court cannot deny the admissibility of relevant evidence consisting of certified copies of public legal records as they are presumed to be self-authenticating and valid as evidence.

Here is the text of Rule 902, sub-paragraph (4):

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(4). Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification.

In other words, in facing a public criminal hearing where the contents of Lear´s “Challenge of Authority” was, without argument, directly relevant to Lear´s alleged violation, and knowing the District Court could not deny its admittance as evidence, the DOJ was faced with two unpleasant alternatives: either produce IRS witnesses to explain away government documentation clearly showing IRS Form 1040 is not a legally authorized form, or walk away from the probation violation hearing.

IRS walked.

Rather than take a potential headline-making opportunity to publicly chastise and send back to prison a convicted tax protester who had dared – even after conviction -- to continue questioning the legal authority of the government, the IRS and DOJ instead withdrew their criminal complaint, thereby avoiding having to confront – on the record – the damning evidence contained in Lear´s formal Motion to Quash and its “Challenge of Authority” exhibit. (Note the legal argument regarding the lack of authority for Individual Form 1040 begins on page 4 of the Motion to Quash.)

By withdrawing the IRS complaint against Lear, DOJ avoided having to publicly attempt to rebut Lear´s legal research and having to admit that the government could not cite any legal authority requiring the filing of a 1040 Individual tax return.





Note that one of the keys in this win was the filing of the court documents in the public record (county recorder or whatever they call it where you are) as well as filing it with the court. Once it is in the public record, the court cannot rule it as inadmissible.

Many people have worked tirelessly to find out the truth of the shenannigans perpetrated by the maritime admiralty courts. It has all been contract law. The dam has broken and these shyster court tactics are being exposed. If the judge denies the truth or doesn´t follow his court´s rules, he becomes liable for any damages caused to the citizen. In the past, they have used the rules to beat the people, but the tide has turned.

The quickest way to make the judge your helper and servant? Accept his oath of office (where he swore to protect your constitutional rights).

"If the judge denies the truth or doesn´t follow his court´s rules..."

How do you go about making him own up to a bad decision, where he goes against even his own court instructions? This happened to me 3 years ago, but said I had the right to appeal within 30 days! Nuts!

He was responsible for my loss, but to take this case further up the line would have cost me too much time (pro se) and money to do so.

captain obvious
User ID: 14546
5/23/2005
12:28 pm EDT

Nice to see people catching on and spreading it.

Know More

A lot has been discovered in the last 3 years.

I would contact We, the People to see if they have any suggestions about getting damages.

This is just my personal opinion.

The problem with working on past court cases is that you didn´t know the truth then, so were unable to present a case that would allow you to win.

However, it is all fraud because there is no statute that makes you liable for income tax.

It is all based on a contract arising from your signature on IRS documents, but contract law requires full disclosure, and all contracts where there was not full disclosure are invalid and possibly fraudulent.

But the filing of court documents with the county recorder before you file them with the court seems to be VERY powerful.

For those so interested, more here:
[link to www.861.info]

and here:
[link to www.supremelaw.org]

I often go stand in the street in front of a speeding bus and dare it not to stop

The pertinent question is "what law makes me liable for the income tax? Please quote the statute."

Lawyers will NOT file court papers with the county recorder.

Why not? Because they and the judges are members of the bar association and agree to play by the rules, which line their pockets at the expense of innocent people.

It would be the same as if a doctor said, eat raw food, antioxidants, vitamins and minerals and drink PURE water you won´t get sick. If you are sick with a degenerative disease, you will likely get healthy.

No multi billion dollar industry.

Dred, your analogy is bullshit.

The American people are already in front of a sppeding bus. Mr. Lear was wrongly convivted and was facing further prison time for having committed NO crime.

This is not for cowards.

Why don´t you volunteer to spend some time in prison if you love the system so much? It might change your opinion.

I do not like being robbed of my property by ticksters, criminals and traitors to the Constitution and the People.

The IRS has placed 2 levies against my bank accounts within the last year. They are currently threatening me with worse...
I do not love the system

You fianlly saw the dark rings around Uranus! Marvelous!

Crank Bullshit
[link to evans-legal.com]

"The statutes themselves require the payment of the tax and the filing of a return. 26 U.S.C. § 6012. The contents of the required return are described, in a general way, right in the statute. If a taxpayer had done his best to fashion and file a homemade return for want of notice of the IRS forms, and had paid the applicable tax, then 5 U.S.C. § 552 might protect him from being ´adversely affected´ by nonpublication of a form. However, the Bowers simply have evaded income taxes, and their duty to pay those taxes is manifest on the face of the statutes, without any resort to IRS rules, forms or regulations. Cf. Welch v. United States, 750 F2d 1101-11 (1st Cir. 1985), (prosecution under 26 U.S.C. § 6702 for filing frivolous return not barred by nonpublication of interpretive IRS guidelines)." United States v. Bowers, 920 F.2d 220, 222 (4th Cir. 1990), (footnotes omitted).

See also, United States v. Koliboski, 732 F.2d 1328, 1329 (7th Cir. 1984); United States v. Saunders, 951 F.2d 1065, 1067-68 (9th Cir. 1991).

And (same url)

"Treas. Reg. § 602.101(c) lists various regulations that require returns and the OMB control numbers for IRS forms required by those regulations.

The individual income tax return, Form 1040, was assigned the OMB control number 1545-0074, and is listed as a form required by a number of different regulations, including regulations under section 61 ("Gross Income Defined"), section 63 ("Taxable Income Defined"), and section 6012 ("Persons Required to Make Returns of Income").

You gotta file, you gotta pay, and no grade school misreading of the law uis gonna change that.

" You gotta file, you gotta pay, and no grade school misreading of the law uis gonna change that."
That has certainly been my experience

Then educate yourself.

It is lack of knowledge that does us in.

Did you get your due process hearing?

You can´t ignore the IRS; if you do, they win.

If it happened to me, I would ask for a due process hearing and ask what law (statute) makes me liable for the tax (there isn´t one). If that didn´t work, I would file a petition to stop the collection in federal court, making sure that all paperwork was filed in the public record (ususally county recorder) FIRST. I would accept the oath of office of the judge, thereby completing the offer of contract with him/her that they made to defend the Constitution which includes your right not to be deprived of property without due process and that was offered when they took their oath of office. In the petition I would ask the court to order the IRS to produce the law (statute) that makes me liable for the tax. If the IRS did not produce the law, I would request that the court order them to cease their collection activity and return my illegally seized property plus damages.

If you didn´t ask for a due process hearing at the appropriate time, you may have a problem getting one now.

"We, the People" knows the truth.

1346

Subject Matter Jurisdiction

The lack of an enacting clause raises a challenge to subject matter jurisdiction. This jurisdictional challenge may be made at any time, even if you have already pled guilty. A motion to dismiss for lack of subject matter jurisdiction may even be made after you have been duly convicted and imprisoned. A subject matter jurisdictional challenge must be heard, and no court may claim subject matter jurisdiction where it lacks it; to do so is an act of usurpation and represents the legal justification for an armed revolution.

A judge who denies a subject matter jurisdiction challenge based on a lack of an enacting clause when the facts presented show the lack of such a mandated clause, has committed a wanton act of usurpation and treason and has vacated his judicial immunity and legal authority, becoming nothing more than a common criminal. No judge may deny a Motion to Dismiss for lack of subject matter jurisdiction, if the challenge is based on the lack of an enacting clause in the charging document, because all revised statutes and federal U.S. Codes lack enacting clauses! In other words, all statutes currently on the books are invalid! You do not have to obey these pieces of private law, unless you wish to be a member of the government corporation, eligible to receive its benefits and privileges (instead of your God-given, Natural rights).

With the ongoing and ever increasing ocean of federally initiated pieces of legislation, it is incumbent on all freedom-loving, liberty-minded Americans to learn the difference between public law which they are expected to obey, and private law which need not apply to them. Once you understand the truth you will be more able to live the American dream free from government regulation.

link here
[link to www.freedomradio.us]

other articles in the drop down menu.

1482, I love tax law experts.

Answer two questions. 26USC5001 imposes an excise tax. 26USC5005 makes someone liable for that tax, so that person liable must pay the tax.

26USC1 imposes an income tax (on the taxable income of taxpayers ONLY). WHAT LAW MAKES SOMEONE LIABLE FOR THE TAX IMPOSED BY 26USC1?

Why would the US attorneys withdraw their complaint in the case of Mr. Lear, who had been "convicted" of willful failure to file and looked like pretty easy pickings (until he filed his paperwork in the public record before filing it with the court)?

Go ahead with your answer, 1482, anytime.

Thank You! I have been wondering when someone would find the map that leads us to the correct conclusion that these taxes are unconstitutional.

Disclaimer: I am not a lawyer nor am I giving legal advise.

Just trying to share the info.

CO

Disclaimer: I am not a lawyer nor am I giving legal advise.

Just trying to share the info.

Capt O
I´ve posted some more info concerning property taxes on the other thread circulating today on glp
[link to 216.180.244.91]

If you´re interested.

9951, Capt. Obvious...I hope the knowledge that you were imprisoned unjustly will be a comfort to you. Personally, I prefer to stay out of prison.

I highly encourage everyone to NOT pay their taxes,
don´t file, thumb your nose at the IRS.
It will draw their attention away from me.

9951, thanks. I saw it.

Doc P, it´s difficult for the "government" to put people in prison for taxes for which they are not made liable by law, provided that the people are fortunate and diligent enough to know the truth and to ask the right questions.

Discovering recently how the process of accepting the judge´s oath of office and thereby making it a binding contract plus recording all court documents in the public record before filing them with the court has made it more difficult for the system to financially rape unsuspecting citizens.

However, I´m sure that a little thing like what is right or lawful wouldn´t stop you from proceeding with you sub human agenda, whatever route it takes.

I´m sure that those with your mindset have other methods in mind to replace the current lies and deceit, but you can rest assured that they will ultimately fail.

By the way, Doc P, the prison in which your thought pocesses have already confined you will not end in a few years.

Remember, you reap what you sow and not one jot or tittle of that law can be escaped unless.....
you repent, ask for forgiveness and prove by your actions that you are sincere.

Repeating myself, you can not say that you have not been warned; you can only say that you were warned, but that you chose to ignore it.

It is very easy to be brave when you are surrounded by bullies whom you support that seem to control the system, not so easy to be brave being against them. Personally, I´m not very brave, just determined to not give in to what is blatantly wrong. There is no reward great enough to tempt me to become aligned with people like you.

Enjoy your opportunity to defend your choices when it is eventually presented.

Capt. Obvious, if you´re as deficient in courage as you are in intelligence, you must lead a miserable life indeed.

hey OP, what you gonna do about it now that you know it´s illegal?

wait, I know

NOTHING!!

BWWAAAAAAAAHHHHH! sucker!

Dr. (?) Pee ... Isn´t it time for another trip to the urnil ?
STOP peeing away your arrogant opinions on GLP; try conning some five year ols.

Poor DP what a boring existence you must lead.Your life seems really sour like your opinions.

My life is very far from boring and it´s very happy indeed...much happier than it would be if I were locked up for tax evasion.

yikes, I doubt this will lead to a demolition of the IRS taxation system..

however it´s another step towards seeing a less menacing reconstruction which is used for a giant money pit which imps in power utilize misappropriately..

I would like to see the day when you will be able to go online and choose what you would like to fund, as well as a direct democracy system.. this "representative" democracy system really doesn´t represent me or my thoughts.