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Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom

 
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10/26/2005 11:37 PM
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Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom
THE FOLLOWING WILL PROVIDE EXTENSIVE AND IRREFUTABLE PROOF OF HOW
FEDERAL JUDGES AND D.O.J. LAWYERS KNOWINGLY VIOLATE THE LAW IN ORDER TO
CONVICT DEFENDANTS (ILLEGALLY) CHARGED WITH INCOME TAX CRIMES, AND WHY
ONLY MISSTATEMENTS OF LAW EVER "COME FROM THE BENCH" AT SUCH TRIALS

Since the income tax was repealed in 1954 when Congress adopted the
1954 Code, it is clear that for 50 years federal judges in conspiracy
with U.S. Department of Injustice prosecutors have been illegally and
criminally prosecuting people for crimes that do not exist in
connection
with a tax that nobody owes. Therefore, the fact that Judge Dawson
along with all of the Governments´ prosecutors in this case have been
engaged in the same criminal conduct should surprise no one--except in
this case, their criminal conduct was so blatant and Judge Dawsons´
charge to the jury was so outrageously false in so many areas, that
changes in the way criminal trials are conducted in the U.S. of A. must
inevitably follow from the disclosures.
Pursuant to the Supreme Courts´ definitive Cheek decision, 498 US at
page 201, the government in a tax prosecution has a three-fold burden,
it must prove: (1) The law imposed a duty upon the defendant; (2) The
defendant knew of that duty; and (3) he deliberately and intentionally
(willfully) violated that duty. Notice that the issue of "willfulness"
only enters the picture in connection with the Governments´ third
burden. Obviously, a defendant has a right during the governments´
presentation of its case, to establish that no law imposed any such
"duty" upon him, and that the IRS employees who testified for the
Government, had no legal authority to do what they testified they did.
If the defendant can establish these claims during the Governments´
presentation of its case, and knock out all of the Governments´ IRS
witnesses (which can easily be done by introducing into evidence their
job descriptions, the significance of section 7608 , and the nature of
their "pocket commissions")

______________________________________
1 The job description of Special Agents (Exhibit A) clearly reveals
that
they have no authority to investigate the alleged income tax
liabilities
of persons residing within the continental USA; Section 7608 (Exhibit
B)
reveals that the only IRS agents (subsection (b) who might have
authority to enforce the payment of income taxes [which falls into
subtitle A] are those agents from the "Intelligence Division of the IRS
whom the Secretary charges etc. etc. etc"; however, the public never
comes in contact with such agents; while those agents whom the public
deals with, Special Agents and Revenue Officers, must fall into section
(a) and, therefore, can only have authority to
enforce
_________________________________________
the defendant would be entitled to a direct verdict of acquittal at the
close of the Governments´ presentation of its case, without the
defendant even having to put on a defense, largely based on the issue
of
"willfulness."
Therefore, how did Judge Dawson prevent me from proving that no
income
tax law imposed a "duty" upon me, and that I knew of such a "duty"
--thereby sparing the government the need of having to prove these
first
two elements of its burden, while preventing me from proving that none
of the Governments´ IRS witnesses had any legal authority to do what
they testified they did. Judge Dawson sought to accomplish these tasks
in a variety of ways. The first way was to prevent me from bringing up
the law itself, by continually claiming that "the law will come from
the
bench."2 How could I prove that no "law" imposed any "duty" upon me
(and therefore I "knew" of such a "duty") if I could not bring up the
law itself? In fact when I asked Judge Dawson, if the Government
intended to put on a witness who would testify that the law imposed a
"duty" upon me to pay income taxes, David Ignall, the Governments´ lead
prosecutor, specifically stated that the Government had no such
intention of doing so, but would rely on the Judge Dawsons´ jury
instructions to establish these elements for the Government. However,
since I would never be able to cross-examine Judge Dawson concerning
his
jury instructions, he would be free to misstate the law (he literally
threw all law out the window as he misstated it at least two dozen
times--and such examples will follow) as he fabricated a "duty" that
did
not exist. Later, at a hearing(conducted outside the presence of the
jury) involving his proposed jury instructions, I specifically pointed
out to him how numerous of his proposed jury instructions misstated the
law - but he gave those instructions anyway, although he did change a
few, while he refused to give jury instructions that correctly stated
the law. Since my objections and corrections were recorded at that
time, they will prove that Judge Dawson knew he was misstating the law
to the jury, if my objections are not edited out of the transcript.
_____________________________________
the payment of subtitle E taxes, such as liquor, tobacco and firearms.
With respect to "pocket commissions" (Exhibit C): the IRS issues two
types, "enforcement" and "non-enforcement" commissions. All IRS
seizures are done by Revenue Officers who are only issued
"non-enforcement" pocket commissions, which again proves that they have
no legal authority to seize anything, such as: bank accounts, wages,
automobiles, stock portfolios, etc. etc. etc., which they seize every
day. Thus all IRS Revenue officers are essentially thieves operating
under color of law whose thievery is protected by their partners in
crime, the federal judiciary and DOJ lawyers. 2 However, as the
following will show, only misstatements of law come from the bench.
______________________________________
Apart from already explaining why the actions of Judge Dawson and the
prosecutors constituted criminal violations of 18 U.S.C 241 in the 12
page motion I filed on July 5, 2005 (and which is posted immediately
above this document)their criminal culpabiliby was substantially
extended at trial and would now include the crime of obstruction of
justice - as the following will demonstrate.
1) Judge Dawson would not allow me to bring up the law, especially
when it would impeach the testimony of government witnesses. For
example:
a) A government witness, with a very impressive title, was
introduced as being in charge of the frivolous penalty program in the
9th Circuit area. She testified that IRS imposed the $500 frivolous
penalty based upon guidelines established by the legal counsel for the
IRS, and when the IRS received a tax return that fell within those
guidelines, they imposed the $500 frivolous penalty. I objected to her
testimony as hearsay, since she was not the one who determined whether
a
return was frivolous or not, and what she was told by the IRS District
Counsel constituted hearsay. I stated that it was the IRS District
Counsel who should be testifying concerning what constituted a
"frivolous" return, since he was apparently the one who made that
determination and not the witness who was now testifying. But my
objection was overruled. When I cross-examined her, I specifically
asked her whether or not any IRS agent took specific responsibility for
imposing the frivolous penalty. And she again elaborated on how the
penalty was imposed pursuant to guidelines set up by the IRS District
Counsel. Therefore, I again asked her if she was sure that the
frivolous penalty was not imposed by IRS employees taking specific
responsibility for imposing the penalty. 3 She said "No," that was not
how it was done. I then asked her if she was familiar with Code
Section
6751. I forget whether she said "Yes" or "No." In any case I asked
her, "If you saw a copy of IR Code Section 6751, would that refresh
your
recollection?" She must have said "Yes," since I now moved to admit
Section 6751 into evidence. I handed a copy of section 6751 to the
U.S.
attorney who was sitting right in back of me. He read it, but appeared
to have a puzzled look on his face, when he said,
______________________________
3 Since I could not get expedited transcripts of the actual testimony
(even though I was willing to pay extra for them), these statements
represent my best recollection of what was actually testified to,
since
I do not, as yet, have actual transcripts.
____________________________________
"No objection." I then handed the document to the clerk, so it could be
marked as an Exhibit, and she handed it up to Judge Dawson, who
proceeded to read it. He read: No penalty under this title shall be
assessed unless the initial determination of such assessment is
personally approved (in writing) by the immediate supervisor of the
individual making such determination or such higher level official as
the Secretary may designate." Judge Dawson, of course, realized that
section 6751 (which provided that a document containing at least two
signatures was required in order for the frivolous penalty to be
imposed) totally impeached the testimony of the Governments´ witness
then sitting before him. Therefore, he sought to save the governments´
witness from being totally discredited by saying: "Well, courts have
held (of course, he never named what courts) that this provision is not
really binding on the IRS (or words to that effect), so this document
is
irrelevant and will not be admitted." So, Judge Dawson would not allow
the law, section 6751, to be admitted, since it would allow me to use
it
to discredit the entire testimony of this impressively titled,
government witness. Since she also stated (in order to establish her
alleged credentials, even though the government would not qualify her
as
an "expert")4 that she had testified extensively at both civil and
criminal trials, It is therefore,
____________________________________
4 The Government never qualifies any of its witnesses as "experts" in
tax law. The Government does this deliberately, so that none of its
witnesses can be cross-examined on the law itself. However, their
witnesses continually testify about the law without appearing to do so
and without their being subject to cross-examination on the "laws" they
testify about. The government accomplishes this in the following
manner, Government witnesses continually refer to such things as :
"income," "liability," "deficiencies," "levies," "seizures," as well as
"CDP hearings," "books and records," "concealment," and even the
failure
of defendant "to cooperate with the IRS," as if the IRS did all these
things legally and the defendant was legally obligated and subject to
what these terms imply. However, all such terms involve a basis of
law,
such as: a statute (or the lack of a statute) or, as in the case of
"income," a legal conclusion. However, defendants are prevented from
cross-examining government witnesses concerning: (1)their use of these
terms; (2) the legal basis of such terms; and (3) the substance of the
statutes in which these terms appear - because both the court and the
Government will contend that since such witnesses "have not been
qualified as ´experts´ in tax law, they cannot be cross-examined on the
law." In this manner, the Government deliberately and disingenuously
has created a situation where it is able to use Government witnesses to
casually (but effectively) testify about the "law," but make it
impossible for defendants to impeach their testimony by cross-examining
them on the "laws" they raise and refer to. This diabolic scheme
allows
Government witnesses to infer that: (1) the actions and activities of
the defendant are illegal (when they generally are not); (2) that the
actions and activities of the IRS are legal (when they generally are
not); and (3) allows Government witnesses (as well as the prosecutor
and
the court itself) to use such terms as "income" and "liability" against
defendants, when such terms cannot apply to defendants on any basis.
It should be noted that even in this case, the Governments´ summary
witness was not offered as an "expert" in tax law. He was offered only
as an "expert in tax calculations," (whatever that means). However,
the
___________________________________
apparent that all such trials her testimony was in direct conflict with
the law - unfortunately defendants at such trials would problably be
unaware of that fact.
b) One of the Governments´ first witnesses was retired Special Agent
Ted Wethje. He is mentioned in the Federal Mafia on pages 221, 222,
and
224. The Government largely relied on his perjured testimony to gain
my
indictment and conviction in 1985 and therefore sought to use this
experienced and unconscionable liar at this trial. He had absolutely
no
legal authority to testify at either my 1985 trial or at this trial,
since he has no more authority to enforce the payment of income taxes
than the man in the moon. He is precluded from doing so by his own job
description (Exhibit A) and because he falls into subsection (a) of
provision 7608 (Exhibit C). Any IRS agent who claims he is legally
authorized to carry a firearm must fall into subsection (a) of section
7608, since agents who fall into subsection (b) are not authorized to
"carry firearms." So, if Special Agent Wethje was authorized to "carry
firearms" during his employment with the IRS, he could only have been
authorized to enforce the payment of liquor, tobacco, and firearms
taxes
and such other taxes as fall within the provisions of subtitle E of the
IR Code.
So when I cross-examined him, the first thing I said to him was,
"Isn´t it a fact Mr. Wethje, that when you worked at the IRS you
carried
a firearm?" The government immediately objected to the question
(problably citing "relevance") and its objection was immediately
sustained by Judge Dawson in the following manner, "Sustained - move
on." However, I tried to argue that whether or not Wethje carried a
firearm was relevant as to whether or not he was authorized to give
testimony at this trial since it involved income taxes. However, Judge
Dawson would hear none of it. He supposedly had warned me that when he
sustained an objection, I was not to argue any further but had to "Move
on." However, I was also under the impression, that one had a right to
argue the validity and necessity of the question you asked, before it
was ruled upon, and in this case (as well as in numerous other cases)
Judge Dawson ruled upon the Governments´ objection without giving me an
opportunity to argue why the
____________________________________
Government subsequently sought to sneak in his testimony as coming from
an expert in "income tax law." However, I prevented this from
happening. I am sure the Government gets away with this at other tax
trials.
______________________________________

question was relevant to my defense. Also I am hard of hearing, and so
I might not have heard him say "Sustained," but believed I still had a
right to argue the validity of my question - and so might have raised
arguments after he had stated "Sustained." At such times Judge Dawson
would bark, "Sanction," which meant I had just been held in contempt of
court, which carried a jail sentence that was double to that meted out
by the previous sanction. Judge Dawson started the sanctions at one
day
in jail, which were then doubled for each succeeding sanction. I must
have received at least a dozen sanctions. In any case, he also would
not allow me to bring up Wethje´s job description, which also showed
that Wethje had no authority to investigate anybody living within the
continental U.S.A. in connection with income taxes, and so he had no
authority to be testifying at this trial. In this manner Judge Dawson
knowingly allowed the Government to use witnesses against me who he
knew
had absolutely no authority to testify at my trial.
c. Another Government witness, Revenue Officer Luddie Talley
testified that he was involved (at various times) in seizing numerous
items from me including: an automobile, monies taken from me which
were
being held for me at the Clark County Jail, and 100% of my monthly
Social Security benifit. He had sent the Social Security
Administration
a fradulent, IRS notice-of-levy (which he had no authority to send out,
and which is totally benign and can be immediately thrown into the
nearest trash can) on which he had added, in his own handwriting, "full
levy; a term that appears no place in the law governing
"notice-of-levy."
When I asked Talley, "Are you aware of IRS pocket commissions? the
Government cried out, "Objection," which Judge Dawson "Sustained" as
usual. However, had I been permitted to proceed with this line of
questioning, it would have proceeded as follows. Talley would have had
to answer, "Yes" to my initial question. Based on that answer, I would
then have said, "And they consist of enforcement and non-enforcement
commissions, do they not?" And he would have had to say, "Yes." And
then I would have said, "And what kind of a pocket commission do you
have?" And he would have had to say, "A non-enforcement pocket
commission." And then I would have said, "Therefore, you have no
enforcement authority with respect to income taxes, isn´t that
correct?" In order not to commit perjury, he would have had to answer,
"Correct." "Therefore," I would have said, "you had no lawful
authority
to seize my automobile, the money being held for me at the Clark County
Jail, or my monthly Social Security check, isn´t that correct?" And he
would have had to answer, "Correct." And then I would have said, "So
you are no better than an ordinary thief, except you operate under
color
of law, isn´t that correct?" And he would have had to answer,
"Correct." Except I would have corrected him, by saying, "No, you are
worse than an ordinary thief. Ordinary thieves at least don´t have the
gall to pretend that their stealing is legal, and they, at least, take
some risk. They don´t have federal judges and U.S. attorneys
protecting
them. Because of the hypocrisy in your brand of thievery, and because
it receives the protection of the courts and the DOJ, it must be
regarded as a lower form of thievery than that committed by ordinary
criminals." However, I never got the chance to proceed along those
lines, since I was prevented from doing so by Judge Dawson.
In addition, when I asked Talley, "When you seize property do you do
it legally or illegally? he responded by saying,"I do it legally."
This
laid the foundation for my next question, which was, "Did you ever see
a
statute that allowed the IRS to seize property?" However, before he
could answer, the Government objected and Judge Dawson gave his usual
"Sustained." If Talley had said "Yes", to that question, I would have
handed him the Code and asked him to show me the statute, because it
doesn´t exist. If he said "No," I would have asked, "Then how do you
know you seize property legally?" So no matter how Talley answered, I
would have been able to expose the fact that IRS agents have no
authority to seize property. But, again, the Governments´ prosecutors
and Judge Dawson interceded in order to prevent me from proving that
all
IRS seizures are illegal, and not provided for by law.
In addition, I produced a document sent out by the Social Security
Administration that showed that the seizure of Social Security benefits
by the IRS is limited to 15% (assuming they have any seizure authority
al all, which they do not have.) However, based upon erroneous
representations made by the Government, Judge Dawson instructed the
jury
that the law allowed the IRS to seize 100% of my monthly benefit. That
was dead wrong, but explaining it to the jury would have been
complicated, beside I had a better way to do it. I was calling as a
witness Dr. Raymond Hartman of Beaver Falls, Pensylvania. His
involvement in the movement even predates mine (See page 59 of "The
Federal Mafia.") When he told me the IRS was taking 100% of his Social
Security, I provided him with information which he sent to the Social
Security Administration. Shortly thereafter they sent him a refund of
approximately $9,000 and restored 100% of his monthly benefit. Since I
had to supply Judge Dawson with an outline of what my witnesses were
going to testify about, he informed me that he would not permit Dr.
Hartman to testify about getting his Social Security benefits
restored. When I asked him why, he said that such testimony had
nothing
to do with income taxes. I am sure that the fact that Dr. Hartmans´
testimony would also refute what Judge Dawson had told the jury
concerning the IRS legal authority to seize 100% of my Social Security
benefits had nothing to do with his decision.
(d) Along the same lines, the Governments´ summary "expert," IRS
Agent Clinton Lowder testified extensively concerning deposits to my
bank accounts which he claimed revealed that substantial amounts of
money had been deposited to my "eight bank accounts" in connection with
the years at issue. 5 When I had previously inquired about the
relevance of all his testimony regarding these bank deposits, the
Government claimed that it was related to how much "income" I had
recieved during this period. I said, no it didn´t. I pointed out that
it merely indicated how much money I had deposited to my bank accounts
and nothing more, and depositing money to ones bank account is not a
crime - nor had I been charged with any such crime.
______________________________________

5 The Government sought to mislead the jury concerning the purpose and
nature of my bank accounts - seeking to create the impression that I
used eight bank accounts to make my reciepts less traceable. Mr.
Lowder
continually referred to "transfers" between my "eight accounts."
Actually I only had four accounts (plus my PILL account) at any one
time. When the IRS illegally seized my bank accounts with Bank of
America (and ATM withdrawals from my PILL account saved the day,
because it allowed me to pay my employees and other creditors) I
opened
up accounts with the Nevada State Bank because their Deposit Agreement
said they would only turn over depositor funds "pursuant to legal
process" which eliminated IRS notices-of-levy (if their differences
were
pointed out to them.) However, they have since changed their Deposit
Agreement to make it more compatible for them to illegally honor IRS
notices-of-levy, which doing so, is still a violation of Nevada State
Law. In any case, two of the four accounts were for the Freedom
Foundation. One account was interest bearing, the other was not. I
kept funds not immediately needed in the interest bearing account, and
transferred funds to the non interest bearing checking account as
needed. The two accounts I had for Freedom Books consisted of a
merchant account and my general checking account The merchant account
is where credit card reciepts are automatically deposited by the
company
handling those funds, while checks and other receipts are deposited
directly into the checking account. So there was nothing devious or
shady about having these four accounts (or the eight the Government
kept
referring to) as the Government sought to depict.
______________________________________

Such deposits might be related to a crime if I had been charged with
money laundering, or selling products that were illegal. I further
pointed out that such bank deposits could not be considered as being
indicative of the receipt of "income" unless the Government put on an
"expert" in the law, who would testify (and be subject to
cross-examination) that deposits to ones bank accounts constituted the
receipt of "income" within the meaning of Code Section 61. Since the
Government had not put on any such "expert" witness (since they knew I
would have eaten them up alive) they could not legally claim that mere
bank deposits constituted - to any degree - the receipt of "income"
within the meaning of Code Section 61. But Judge Dawson (illegally)
did
so anyway.
In addition, when I cross-examined Mr. Lowder I asked him, "Isn´t
the
purpose of your analysis of my bank deposits an attempt on your part to
estimate the amount of income taxes you believe I omitted from the tax
returns I filed for the years at issue?" I actually had to repeat that
question three or four times before I got a straight answer from him.
When he finally admitted that was the purpose of his activity, I asked:
"Isn´t it a fact that section 6201(2)(A) gives the Secretary the
authority to estimate the amount of taxes that has been omitted to be
paid by stamp, but no law authorizes the Secretary (or the IRS) to
estimate the amount of taxes that has been omitted from an income tax
return?" "Objection! He is raising the law, your Honor." "Sustained.
Move on." "But your Honor, I asked that question merely to show that
the law does not allow Mr. Lowder to do what he claims he was doing."
"Mr. Schiff: you have deliberately violated my order that you are not
to raise issues of law, nor argue with me when I sustain a Government
objection; therefore, you will be sanctioned for doing so."
Of course, no law authorizes the IRS (nor the Government at criminal
tax trials) to attribute to anyone more in income taxes than what they
reported on their tax returns. Therefore, seeking to pursue another
tack, I said, "Mr. Lowder, when you attempt to analyze a persons
various
sources of income and possible deductions and seek to calculate a tax
that is different from what the taxpayer reported on his return, do you
do that legally or illegally?" "I do it legally" he immediately
replied. I was therefore poised for my follow up question, "Mr.
Lowder,
have you ever seen a statute that authorized you to calculate a tax
that
is different from what a taxpayer reported on his return?" "Objection"
"Sustained" "But your Honor, I was only.... "Sanction. You are
deliberately doing it again."
In this way, Judge Dawson in criminal collusion with the Government,
sought to prevent me from proving that no law authorized either the
IRS,
Secretary of Treasury (or his delegate), or the Justice Department in
this prosecution, to claim that I owed more in income taxes than what I
had reported on my "zero" returns for all of the years at issue.
(f) Therefore, during the presentation of its case the Government
did not put on one witness who would testify that I had any "income" or
income tax "liability" for any of the years at issue, or that anything
(not one word, sentence, or phrase) in any of my books and tapes
(including my "zero" return) violated any law or encouraged anyone to
violate any law - though such allegations were contained throughout the
indictment.6 And no less than six government witnesses testified that
they could find no law that made them "liable" for income taxes, or
required the "to pay" income taxes, and at least four of them testified
that they believed "income," within the meaning of the IR Code, meant
"corporate profit." In addition, all three of my former employees who
were witnesses for the prosecution testified that at no time did they,
nor any of my other employees, ever believe that any of the material
sold and sent out by Freedom Books encouraged anyone to violate any
law,
nor did I ever give them any reason to believe that I did not hold my
beliefs on taxes other than sincerely and honestly. In short, the
Government did not present a scintilla of evidence to support any of
the
allegations contained in its indictment and we should have gotten a
direct verdict of acquittal at the close of the governments´ case.

HOW JUDGE DAWSON SOUGHT TO OBSTRUCT JUSTICE BY PREVENTING ME FROM
PUTTING ON A DEFENSE
____________________________________

6 In addition, throughout the indictment I am accused of "knowing and
believing" that pratically everything I teach and write about the
income
tax I know to be false. Can you believe it?
_______________________________________

Judge Dawson sought to prevent me from putting on an effective
defense, by:
(1)preventing me from calling witnesses whose testimony was crucial
to
my defense;
(2)preventing me from testifying in the most effective manner;
(3)by blatantly misstating the law in his jury instructions, and
(4)by refusing to give a proper jury instruction on the meaning of
"income" and by refusing to give a jury instruction that was extremely
favorable to my defense.

The fact that Judge Dawson would actually prevent me from calling
witnesses whose testimony was material to my defense was totally
shocking to many of those who attended my trial, as well as the
witnesses who would not be allowed to testify in the manner we had
intended. For example, a key theme that was repeated throughout the
indictment was that I had prepared "false and fraudulent documents" and
gave tax advice to people which I "well knew and believed" was false.
Such claims made to the grand jury D.O.J. prosecutors knew were false,
but they wanted to get an indictment and didn´t care how many lies they
had to tell to the grand jury to get it. Proof of this is that at
trial, no government witness testified that anything I said or wrote
about was untrue - let alone that I believed it was untrue.

At trial, I called as an adverse witness Special Agent Sam Holland,
who was the man most responsible for generating the indictment. He was
the one who illegally got the search warrant which was supported by his
sealed affidavit that accused me of everything but kidnapping the
Lindberg baby. In his sealed affidavit Mr. Holland accused me of
filing
"false and fraudulent income tax returns," and of "encouraging" others
to do the same, and "instructing" and "assisting" others to file...
fraudulent Forms W-4." In The Federal Mafia I explain how to do both.
So, if my instruction were false, that could easily be established by
turning to where such documents are discussed in The Federal Mafia.
However, when I called Sam Holland to the stand as an adverse witness
and I asked him if he had read The Federal Mafia, he said "No." I had
to ask him that question before I could ask him any question about
that
book. If he had answered "yes," my next question would have been, "Can
you turn to any statement in that book that misstates the law or
encourages anyone to violate the law?" However, I couldn´t ask him
that
question, because he now claimed he had never read that book! Here is
the Governments´ lead investigator supposedly gathering evidence to
support all of the charges in the indictment, and he claims not to have
read a book of mine that the Government enjoined me from selling
because
it promoted violations of our tax laws - and he claims not to have read
that book?!!! He undoubtedly poured over it, but couldn´t find
anything
in it that was untrue or encouraged people to violate the law.
Therefore, he had to give the absurd and unbelieveable answer in order
to avoid his total embarrassment if he were forced to answer what he
knew was going to be my follow up question.

In addition while he was on the witness stand I place a "zero"
return
in front of him and asked him to identify one statement on it that was
false, and he was unable to do so. I believe the Government objected
to
my even asking him to do so.

The point is, a claim that is fundamental to the governments´ entire
case was its claim that I am essentially a liar and a charlatan and
simply do not believe what I say, write and teach in connection with
income taxes. To refute such a claim, I was prepared to call no less
than five attorneys who have known me over the years and most of whom
had represented me in various matters in connection with my stand on
income taxes. All of them were prepared to testify that overlooking
the
legal validity of my beliefs on the income tax, they all believed
beyond
any question that I held those beliefs honestly and sincerely. Their
testimony alone would have knocked the Governments´ case into a cocked
hat. But Judge Dawson would not let them to testify. Since
California attorney Noel Spaid had already flown in, I put her on as a
character witness, but told the other lawyers they need not show up,
since they would not be allowed to testify.

Also Judge Dawson would not allow the following persons to testify
concerning how they relied on my material and how I relied on research
and information they supplied me:

1) Former IRS Agent Joe Bannister
2) Former IRS Revenue Officer John Turner
3) Bob Shultz, Chairman of "We the People"
4) The Governments´ own clinical psychologist, Daniel S. Hayes,
Ph.D. L.L.C. whose analysis of me included the following:
...the research and documentation he believes to be in support of
his
beliefs, and the commitment and passion with which he holds his beliefs
to be true. He appears to have extremely rigid, fixed, inflexible,
doggedly determined opinions and beliefs that cannot be changed by
others´ reasoning. And, in this case, even punishment has not had a
corrective impact in his thinking or behaviors. He appears impervious
to any suggestion that he reconsider his conclusions or his actions, in
part because of the thorough research he has conducted which has
yielded
evidence and facts to support his conclusions, coupled with the fact
that he considers himself to be an "expert" with knowledge that
supercedes that of any other individual claiming to have expertise in
this subject area. Most people have beliefs that have a greater degree
of flexibility and openness to change than does Mr. Schiff. Although
some may have beliefs that parallel Mr. Schiff´s, they differ from him
in that they are unwilling to jeopardize their freedom and suffer the
consequences of their beliefs to the degree that Mr. Schiff has. As a
result, it would be almost impossible at this point in his life to
persuade him that he is wrong, particularly since he feels that there
are few if any individuals who could match the breadth and depth of
knowledge he appears to have as a result of the time, effort, focus,
and
intellect he has devoted to the subject. Any arguments against him are
likely to be seen by him as naive and sophomoric, and he is likely to
dismantle any such arguments quickly and handily by quick reference to
materials his opponent is unlikely to have at the ready for
consideration and rebuttal.

He holds these beliefs with such conviction that even the severe
consequences of incarceration for the rest of his natural life fails to
shake his resolve. This does tend to set him apart from the average
individual....He adamantly feels that he has discovered something that
is very important to the American people regarding this nations´
economic and taxation practices, and whereas others who are not driven
by a Mood Disorder might be more open minded to arguments, weigh
personal consequences and elect not to pursue their campaign, Irwin
Schiff has chosen a route fraught with significant and possible
disastrous consequences."

His analysis alone eliminated any claim of "willfulness" which is
what the Government continually repeated in its final argument to the
jury. Both the prosecutors and Judge Dawson knew that
Clinical Psychologist Daniel S. Hayes Ph.D., report made such a claim
totally spurious.

MORE TO FOLLOW: :damned:
Eyes Wide Open (OP)
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10/26/2005 11:43 PM
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Therefore, he had to give the absurd and unbelieveable answer in order
to avoid his total embarrassment if he were forced to answer what he
knew was going to be my follow up question.

In addition while he was on the witness stand I place a "zero"
return
in front of him and asked him to identify one statement on it that was
false, and he was unable to do so. I believe the Government objected
to
my even asking him to do so.

The point is, a claim that is fundamental to the governments´ entire
case was its claim that I am essentially a liar and a charlatan and
simply do not believe what I say, write and teach in connection with
income taxes. To refute such a claim, I was prepared to call no less
than five attorneys who have known me over the years and most of whom
had represented me in various matters in connection with my stand on
income taxes. All of them were prepared to testify that overlooking
the
legal validity of my beliefs on the income tax, they all believed
beyond
any question that I held those beliefs honestly and sincerely. Their
testimony alone would have knocked the Governments´ case into a cocked
hat. But Judge Dawson would not let them to testify. Since
California attorney Noel Spaid had already flown in, I put her on as a
character witness, but told the other lawyers they need not show up,
since they would not be allowed to testify.

Also Judge Dawson would not allow the following persons to testify
concerning how they relied on my material and how I relied on research
and information they supplied me:

1) Former IRS Agent Joe Bannister
2) Former IRS Revenue Officer John Turner
3) Bob Shultz, Chairman of "We the People"
4) The Governments´ own clinical psychologist, Daniel S. Hayes,
Ph.D. L.L.C. whose analysis of me included the following:
...the research and documentation he believes to be in support of
his
beliefs, and the commitment and passion with which he holds his beliefs
to be true. He appears to have extremely rigid, fixed, inflexible,
doggedly determined opinions and beliefs that cannot be changed by
others´ reasoning. And, in this case, even punishment has not had a
corrective impact in his thinking or behaviors. He appears impervious
to any suggestion that he reconsider his conclusions or his actions, in
part because of the thorough research he has conducted which has
yielded
evidence and facts to support his conclusions, coupled with the fact
that he considers himself to be an "expert" with knowledge that
supercedes that of any other individual claiming to have expertise in
this subject area. Most people have beliefs that have a greater degree
of flexibility and openness to change than does Mr. Schiff. Although
some may have beliefs that parallel Mr. Schiff´s, they differ from him
in that they are unwilling to jeopardize their freedom and suffer the
consequences of their beliefs to the degree that Mr. Schiff has. As a
result, it would be almost impossible at this point in his life to
persuade him that he is wrong, particularly since he feels that there
are few if any individuals who could match the breadth and depth of
knowledge he appears to have as a result of the time, effort, focus,
and
intellect he has devoted to the subject. Any arguments against him are
likely to be seen by him as naive and sophomoric, and he is likely to
dismantle any such arguments quickly and handily by quick reference to
materials his opponent is unlikely to have at the ready for
consideration and rebuttal.

He holds these beliefs with such conviction that even the severe
consequences of incarceration for the rest of his natural life fails to
shake his resolve. This does tend to set him apart from the average
individual....He adamantly feels that he has discovered something that
is very important to the American people regarding this nations´
economic and taxation practices, and whereas others who are not driven
by a Mood Disorder might be more open minded to arguments, weigh
personal consequences and elect not to pursue their campaign, Irwin
Schiff has chosen a route fraught with significant and possible
disastrous consequences."

His analysis alone eliminated any claim of "willfulness" which is
what the Government continually repeated in its final argument to the
jury. Both the prosecutors and Judge Dawson knew that
Clinical Psychologist Daniel S. Hayes Ph.D., report made such a claim
totally spurious.

MORE TO FOLLOW:
Anonymous Coward
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10/27/2005 12:15 AM
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This just as stupid as the frst time you posted it.

Income tax repealed in 1954? Maybe on your planet, but not here. The tax code was REVISED in 1954, not repealed. The big change was changing the name of the Internal Revenue Bureau to the Internal Revenue SERVICE.
Anonymous Coward (OP)
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10/27/2005 10:13 AM
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bump For Truth and Justice
Anonymous Coward
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10/27/2005 10:20 AM
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dawson stepped in it this time
Anonymous Coward
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10/27/2005 10:31 AM
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NO ONE is going to pay IRS taxes any longer into a treasonous, lying, mass murdering government that is hell-bent on killing it´s own citizens.


STOP FUNDING YOUR OWN DEATHS!
Anonymous Coward
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10/27/2005 10:33 AM
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Another case where the judge legislates from the bench. That behavior is common all over the US from the District courts down to the Municipal courts. We are at the mercy of a judge´s whim.

We were to have been a nation of laws and not men, but all of that has changed. The military flag in the courtroom tells us that. The judges mostly rule in a party´s favor after they have contributed to the judge´s re-election coffers. This is a well-known fact.
captain obvious
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10/27/2005 10:49 AM
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132, they did something else significant in the revision of 1954. They removed the law that imposed a liability to pay the tax.

EWO, I´m going to repeat this one more time.

The "court" that Shiff was in and the "government" that prosecuted him are part of a corporation that has NO jurisdiction over sovereign private natural men or women. In their maritime admiralty court that holds proceedings that are are part of the bankruptcy of the United States, they have absolute dictatorial powers because it is a bankruptcy proceeding, not a true trial. If you argue their laws, you lose because they don´t have to follow their "law". It is their mandate to do whatever is necessary to keep the "money" to pay the bankruptcy payments flowing.

What they cannot do if you notify the court clearly that you are a sovereign private natural living man or woman is disregard your rights, provided that you notify them that you demand your rights as a sovereign natural living man or woman.

IRWIN SCHIFF, an artificial entity and fiction and member of the United Syates Corporation was convicted. Irwin Schiff, the sovereign private natural living man does not have to agree to serve any sentence imposed on IRWIN SCIFF.

If you argue their law, you lose. If you tell them clearly who you really are, you walk.
Anonymous Coward (OP)
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10/27/2005 01:52 PM
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bump
Anonymous Coward
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10/27/2005 07:01 PM
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First, The Internal Revenue Code of 1954 was passed by both houses of Congress as House Resolution 8300, and was signed by President Eisenhower on August 16, 1954, at about 9:45 a.m., becoming Public Law 83-591. The Internal Revenue Code is now known as the "Internal Revenue Code of 1986" as a result of changes made by Public Law 99-514. (Public Laws are numbered consecutively within each session of Congress, each session lasting two years. The Congress that convened in January of 2001 is the 107th, so the first bill passed by that Congress and signed by the President will become P.L. 107-1, the second will be P.L. 107-2, and so forth.)

As for the horseshit about Admiralty Courts, here is the definitive Court case:

"The Saunders argue that the district court lacked jurisdiction to enforce the summonses. In support of their position, they cite The Glide, 167 U.S. 606, 623-24, 17 S.Ct. 930, 936, 42 L.Ed. 296 (1897), which holds that ´[t]he maritime and admiralty jurisdiction conferred by the constitution and laws of the United States upon the district courts of the United States is exclusive.´ The Saunders apparently interpret this language as limiting the jurisdiction of federal district courts to admiralty and maritime actions. The Saunders also seem to believe that, by issuing a notice of dishonor under the Uniform Commercial Code, they prevent the IRS from characterizing this case as a contract in admiralty or a maritime action, leaving the district court no basis for jurisdiction.

"The Saunders reading of The Glide founders. In describing the district courts´ maritime and admiralty jurisdiction as ´exclusive´ the Supreme Court excluded state courts from adjudicating either category of lawsuit. The Court did not, by employing the phrase ´exclusive,´ delimit the bases of federal jurisdiction. To the contrary, Congress has expressly directed federal district courts to hear tax enforcement matters. See 26 U.S.C. §§ 7402(b), 7604(a); 28 U.S.C. § 1340. We have repeatedly confirmed the authority--indeed, duty--of the district courts to adjudicate tax summons cases such as the one being prosecuted here. See, e.g., United States v. Author Servs., Inc., 804 F.2d 1520, 1525 (9th Cir.1986), amended, 811 F.2d 1264 (9th Cir.1987)." United States v. Saunders, 951 F.2d 1065 (9th Cir. 1991).
Eyes Wide Open (OP)
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10/27/2005 08:35 PM
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132 = IRSbutt
Anonymous Coward (OP)
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10/28/2005 06:15 PM
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bump For Truth N Taxation!! TNT!!!dynamite
Anonymous Coward
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10/29/2005 01:21 AM
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Eyes Crossed, why don´t you try just one time to respond on a factual basis instead of going "Nyah, Nyah" like an 8 year old in a school yard?

You keep twisting and turning to come up with new reasons why you don´t have to pay tax; when each moron fantasy is demolished you can only accuse me instead of providing a rational arguement. You must really be embarassed, and you are not helping your cause by exposing the stupidity of of your various fantasies.
Eyes Wide Open (OP)
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10/29/2005 10:45 AM
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132 I refuse to get into a battle of wits with a mental midget so I will keep this "short" forgive the pun!

Why you would want to defend the government making slaves out of all of us by taking by force a large percentage of our income tells me you must be one of them or you butter your bread at the same table.

Nuff Said!bumpThis IRS Stooge off the thread!!

Truth N Taxationn "TNT" dynamite
Anonymous Coward
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10/29/2005 10:46 AM
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Funny, you are quiet. Out looking for a new "explanation," Eyes Crossed?

You might want to comment on why Schiff, Simkanin, Meredith, and other big league tax cranks didn´t use the "no tax law since 1954" defense in their trials? All spending major time in Camp Fed. Are you the only one who knows about this startling revelation?

So far you´ve claimed, in sucesion, that there is nothing in the IRS code that requires filing/paying, that there is no legal tax code because they made a mistake in 1954, that you can opt out of taxes by filing phony paperwork at a court and writing you name in a funny manner, and that federal courts have no authority to hear and rule on tax cases. Since you´re batting zero, what new dramatic method can you come up with now?
Eyes Wide Open (OP)
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10/29/2005 10:58 AM
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132 Mr IRS Moron, You obviously need a reading tutor. Maybe you can find a free one paid for by everyones´ tax dollars. Don´t speak for me, Fool.
For one thing, in Internal Revenue Code Sec 61, Wages, Salaries and Compensation for personal services was removed from the code in 1954. I never said this was a mistake. You must have a Code Book. Look it up pennywise


damned
132 is mentally sick
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10/29/2005 11:22 AM
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132 You are totally sick & deparaved.

I realize the Gestapo IRS is paying you money for doing this but


Do you really understand the monster your are protecting and the deprivation of our freedoms and rights which you are depending.


We all know that you don´t believe in a god except the money in your bank

BUT

I sure would not want to be at your side at the final judgement day. You will be held RESPONSIBLE for your actions.

132 --- you are sick in the same way as a Gestapo SS agent!
132 is an IRS Agent
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10/29/2005 11:34 AM
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Saturday, October 22, 2005
Posted 10/22/2005 04:28:00 PM by Gene


Gene Chapman, Minister of Christ
P.O. Box 295545
Lewisville, Texas 75029

October 22, 2005

American Christians

Re: Invitation to Join a "Slave Freedom/ Mark of The Beast Class Action Law Suit."

My Fellow Christians:

In conversations with Greek scholars at the highest theological levels of both Bob Jones University and the Southern Baptist Convention, along with my own studies, I found that there are three primary attributes of slavery in antiquity:

1) Taxation of Property (1st Plank of "The Communist Manifesto").
2) Taxation of Labor (income tax: flat or graduated/ 2nd Plank).
3) Counting People Like Cattle (to control labor and/ or property).

For more study: (andrapodistes.blogspot.com).

I found also in a read of "The Communist Manifesto" that the function of its 10 Planks is to twist a nation with a free market economy (including freedom of conscience and exchange of ideas) into a godless, secular humanist socialist communist slave state. We will save the details for the class action law suit.

Under the class action, we assert that the United States Government has:

1) adopted a state religion called, "Secular Humanist Socialist Communism" and now imposes this state religion upon American Christians (82% of the U.S. population according to Cable News Network), directly violating I Corinthians 7:21-23 and the 1st, 5th, 10th and 13th Amendments to the United States Constitution, along with the concept of "liberty," in the first paragraph of our American Constitution. They have imposed slavery, by definition, upon a people who are called by God to:

(a) seek freedom from slavery (taxation of labor, taxation of property and being counted like cattle) in I Corinthians 7:21b, if already enslaved, and
(b) reject slavery categorically, if already free (I Corinthians 7:23).

2) especially since 9/11/2001 imposed new uses for the Social Security Number that are unrelated to its original intent of individual dealings with the Social Security Administration, such that one may now not "buy" land, cars, homes, renewed professional licenses, pass ports, etc. "or sell" labor (see: Revelation 13:17) without the Government imposed control number (see: Revelation 13 and 14).

Relief sought: Do away with or allow a simple "opt out" with no negative consequences for Christians who do not wish to be slaves or be in such close proximity to the "mark of the beast" issue, in accordance with Biblical teaching. No requirement to have or use a national id card, etc.

Like a giant python, the U.S. Government is squeezing Christians into the mold of slavery and the "mark of the beast" more each day. We have an opportunity here to set a strong legal precedent that will both free Christians from slavery now and perhaps give some breathing room to those Christians who will live through the time of the Beast.

(Note: According to I Corinthians 7:21b, one may infer that when Christians do not seek freedom from slavery (i.e. income taxes: flat or graduated, property taxes and being counted like cattle), it may cost souls their salvation in Christ. The human author of Corinthians, Paul the Apostle, used his freedom to win souls; he feels clearly that there is a "use" for our freedom seeking.

Also, in Exodus 10:3, Almighty God asserts that there is a direct causal relationship between the people of God being slaves and their inability to properly "serve" God.)

Holy Scripture indicates that there will be a shadowy ambiguity present in the world surrounding the imposition of the ´mark of the beast´ (see: Revelation 13:18).
In a day when a one world government is already in place in the form of the United Nations (see: Revelation 13:12). . .
In a day when governments around the world a counting their citizens like cattle in order to impose income taxes and property taxes (see: Revelation 13 and 14) . . .
In a day when the American Social Security Number is not allowing us to "buy or sell" (Revelation 13:17) without it . . .
In a day when our own American soldiers are having Global Positioning identifier microchips placed under their skin by our Government, Christians are no longer in a position to toy with any shadowy ambiguity that may be left in the slavery/ mark of the beast issue. Its paws are on our chest, and it is licking us in the face. We are at a life and death juncture!!!! Those who are of Christ must now step out or by their silence reject Christ for the Beast´s system NOW!!!!

I look forward to a letter from you and Christians you know in signing on as Co-Complainants to the Class Action soon. We are now studying law firms to handle this unique case with a $40,000 per year present budget.

Most respectfully,



Gene Chapman,
Minister of Christ
SlaveFreedom.com
Eyes Wide Open (OP)
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10/29/2005 04:42 PM
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bump for dynamite Truth N Taxatin "TNT"
Anonymous Coward (OP)
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militiabump
Anonymous Coward
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10/31/2005 12:01 AM
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It would be nice if someone paid me to straighten out delusional people, but it´s a fun hobby.

Section 61 was never taken out of the code. Why would it be?

Go to [link to caselaw.lp.findlaw.com]

You will also find it at IRS.Gov, but I figured you´d rather have a "neutral" site.

Section 61. Gross income defined

(a) General definition
Except as otherwise provided in this subtitle, gross income means
all income from whatever source derived, including (but not limited
to) the following items:
(1) Compensation for services, including fees, commissions,
fringe benefits, and similar items;
(2) Gross income derived from business;
(3) Gains derived from dealings in property;
(4) Interest;
(5) Rents;
(6) Royalties;
(7) Dividends;
(8) Alimony and separate maintenance payments;
(9) Annuities;
(10) Income from life insurance and endowment contracts;
(11) Pensions;
(12) Income from discharge of indebtedness;
(13) Distributive share of partnership gross income;
(14) Income in respect of a decedent; and
(15) Income from an interest in an estate or trust.
(b) Cross references
For items specifically included in gross income, see part II
(sec. 71 and following). For items specifically excluded from
gross income, see part III (sec. 101 and following).

What new idiocy will you try?
Anonymous Coward
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10/31/2005 11:01 AM
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Pls respond - TO THE FACTS.

Still think the section was "left out" of the tax code?
captain obvious
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10/31/2005 11:28 AM
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132, what statute in title 26 makes anyone other than trustees and fiduciaries liable for the income tax?

If one is not liable by statute, are they a taxpayer, "any person subject to the tax under the applicable revenue law"?

If they are not a taxpayer, do they have taxable income or a taxable year?

If they are not liable for the tax, not a taxpayer, have no taxable income or taxable year, are they required to pay?

In CIR v. Phillips, the court declared "The obligation to be enforced is the liability for the tax."

Question to ask anyone from the IRS, "Are you a lawful representative of the lawful government of the sovereign People of the United States of America?" If they will not provide you with a written statement sworn under penalties of perjury that they are, do you want to talk to them?

Why would anyone want to talk to a representive of the IRS of Puerto Rico, part of the Department of the Treasury of Puerto Rico unless they live in Puerto Rico?
Anonymous Coward
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10/31/2005 04:46 PM
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More fantasy! First you say the code is not there. I PROVE, as you requested, that the IRS Code includes the relevant statutes and you just ask the aquestion again. Been answered many times, but I´ll humor you again just to keep the truth out there.

First:

In its various subsections, section 1 of the Internal Revenue Code says that "There is hereby imposed on the taxable income of every [married individual, surviving spouse, head of a household, unmarried individual, or married individual filing a separate return] a tax determined in accordance with the following table.. .."

As explained in the regulations:

"Section 1 of the Code imposes an income tax on the income of every individual who is a citizen or resident of the United States ...." Treas. Reg. § 1.1-1(a)(1).
The word "impose" means "to establish or apply as compulsory; levy." So how can a tax be "imposed" if no one is compelled to pay it? The answer is that it can´t. If a tax is imposed on a person´s income, then that person is liable for the tax as a matter of law.

Then

Also, section 6151 directs that any person required to file a return "shall, without assessment or notice and demand from the Secretary, pay such tax to the internal revenue officer with whom the return is filed, and shall pay such tax at the time and place fixed for filing the return." The Supreme Court has held that the United States may enforce a stamp tax through a suit to collect the amount of the tax from the person required to pay the tax, even though the statute did not impose any personal liability for the tax, stating: "When a statute says that a person shall pay a given tax, it obviously imposes upon that person the duty to pay..." U.S. v. Chamberlin, 219 US 250 (1910).

And

Section 6012(a) of the Internal Revenue Code plainly states that "Returns with respect to income taxes under Subtitle A shall be made by the following: (1)(A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount...."

Tax protesters sometimes claim that returns are required only of "persons liable" in accordance with section 6001, and that no return is required unless there is first a statute making the taxpayer "liable." Unfortunately for tax protesters, section 6001 is only a general rule that applies to taxes in the absence of a more specific rule, the specific rule for income tax returns is found in section 6012, and section 6012 says nothing about any "person liable." Section 6012 requires a person to file a return if the person has more than a certain amount of gross income. Because the obligation to file is based on gross income and not taxable income, there is no mention of any tax liability. (Because of deductions from gross income, there may be no taxable income, and so the taxpayer may be required to file a return even if there is no tax liability.)

Section 6012 therefore provides a very clear and very mechanical rule that requires people to file returns if they have more than a certain amount of income. If the return shows that tax is due, then section 6151 directs the person filing the return to pay the tax. (This is explained above in more detail.)

And so the courts have held that individuals are required to file tax returns.

"As the cited cases, as well as many others, have made abundantly clear, the following arguments alluded to by the Lonsdales are completely lacking in legal merit and patently frivolous: ... (9) individuals are not required to file tax returns fully reporting their income...." Lonsdale v. United States, 919 F.2d 1440, 1448 (10th Cir. 1990).
The statutes themselves require the payment of the tax and the filing of a return. 26 U.S.C. § 6012. ... [The] duty to pay those taxes is manifest on the face of the statutes, without any resort to IRS rules, forms or regulations." United States v. Bowers, 920 F.2d 220, 222 (4th Cir. 1990).
"Upon review of May´s amended peition, we find no allegations of fact which could give rise to a valid claim; rather, the complaint merely contains conclusory assertions attacking the constitutionality of the Internal Revenue Code and its application to the taxpayer.[Footnote omitted.] Tax protest cases like this one raise no genuine controversy; the underlying legal issues have long been settled. See, e.g., Abrams, 82 T.C. at 406-07 (citing cases rejecting similar arguments). Because May´s petition raised no justiciable claims, the Tax Court properly dismissed the petition for failure to state a claim." May v. C.I.R., 752 F.2d 1301, 1302 (8th Cir. 1985), (among other things, May´s amended complaint alleged that "The Respondent has added penalties for Petitioner not filing a return (1040) when in fact there is NO SECTION of the Internal Revenue Code that ´REQUIRES´ anyone to file." 752 F.2d at 1304, note 3).
"The assertion that the filing of an income tax return is voluntary is, likewise, frivolous. Title 26, United States Code, Section 6012(a)(1)(A), ´requires that every individual who earns a threshold level of income must file a tax return.´ United States v. Pottorf, 769 F.Supp. 1176, 1183 (D.Kan. 1991). Failure to file an income tax return subjects an individual to criminal penalty. Id., (citing 26 U.S.C. § 7203)." United States v. Hartman, 915 F.Supp. 1227 (M.D.Fla. 1996).

As to the BULLSHIT about the IRS/Puerto Rico and such:

Section 7801(a) of the Internal Revenue Code states that the administration and enforcement of the Code shall be performed by or under the supervision of the Secretary of the Treasury. Section 7802(a) then says that there shall be a Commissioner of Internal Revenue in the Department of the Treasury who shall have such duties and powers as may be prescribed by the Secretary of the Treasury. Finally, Section 7803(a) of the Code states that the Secretary is authorized to employ persons for the administration and enforcement of the Internal Revenue Code.

Acting under these laws, the Department of the Treasury has adopted regulations creating the Internal Revenue Service, of which the following is a part:

"The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue. The Commissioner has general superintendence of the assessment and collection of all taxes imposed by any law providing internal revenue. The Internal Revenue Service is the agency by which these functions are performed." Treas. Reg. Section 601.101(a)
Faced with the claim that the IRS is not an agency of the United States government, the courts have reached the obvious conclusion:

"It is clear that the Internal Revenue Code gave the Secretary of the Treasury full authority to administer and enforce the Code, and the power to create an agency to administer and enforce the tax laws. Pursuant to that legislative grant of authority, the Secretary created the Internal Revenue Service, so that the IRS is an agency of the Department of the Treasury, created pursuant to Congressional statute." Snyder v. IRS,
"Plaintiff attempts to circumvent this conclusion by arguing that the IRS is ´a private corporation´ because it was not created by ´any positive law´ (i.e., statute of Congress) but rather by fiat of the Secretary of the Treasury. Apparently, this argument is based on the fact that in 1953 the Secretary of the Treasury renamed the Bureau of Internal Revenue as the Internal Revenue Service. However, it is clear that the Secretary of the Treasury has full authority to administer and enforce the Internal Revenue Code, 26 U.S.C. § 7801, and has the power to create an agency to administer and enforce the laws. See 26 U.S.C. § 7803(a). Pursuant to this legislative grant of authority, the Secretary created the IRS. 26 C.F.R. § 601.101. The end result is that the IRS is a creature of ´positive law´ because it was created through congressionally mandated power. By plaintiff´s own ´positive law´ premise, the, the IRS is a validly created governmental agency and not a ´private corporation.´" Young v. Internal Revenue Service, 596 F.Supp. 141 (N.D.Ind. 1984).
See also, Cameron v. IRS, 593 F.Supp. 1540, 1549 (N.D.Ind. 1984).
"We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit. The constitutionality of our income tax system-including the role played within that system by the Internal Revenue Service and the Tax Court--has long been established." Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984), (responding to, among other things, a claim that the "Internal Revenue Service, Incorporated" lacks authority).
"Salman´s argument that the Internal Revenue Service is not a government agency is wholly without merit." Salman v. Jameson, 52 F.3d 334 (9th Cir. 1995). (Salman has now been enjoined against filing any other lawsuits against the IRS or the United States. See Salman v. Jameson, 97-1 USTC ¶50,452, 79 A.F.T.R.2d ¶97-2667 (D.Nev. 1997).)


OK, now what moron crap are you going to put forward?
Anonymous Coward
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10/31/2005 10:41 PM
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Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom
Waiting patiently...
Anonymous Coward
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11/03/2005 12:30 PM
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Get behind me Judas 132! damned
Rocketrod
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11/03/2005 01:25 PM
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Another crap cut and paste from 132 which has absolutely no substantiation.This cretin attempts to bamboozle via illusional rhetoric.
Anonymous Coward
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11/03/2005 01:44 PM
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Speaking of no reply, 132...Where is your reply to my oft stated contention that since, as everyone knows,the unconstitutional income tax was never ratified, no subsequent events to it´s non ratification have any legal authority whatsoever?
Anonymous Coward
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11/03/2005 01:49 PM
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5947 Capt. Obvious:
While I agree in theory,despite 132´s nonsense about spelling your name "funny",as opposed to a fictional nom de guerre,what evidence have you of this theory ever working in practice?
Anonymous Coward
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Hmm...Looks like SecretAgentMan132 got taken out for Halloween....xxxxssssttttrrrraaaa crispy!
Anonymous Coward
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11/03/2005 04:59 PM
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Capt Oblivious followers have NEVER won a case.

BTW, I cut and paste because I´m giving hyou the opinions of experts and court findings -- my personal expertse id public health, not tax/law. But I know how to research the net and hot to spot crank bullshit when I see it.

RE the 16th amendment not being ratified, I posted it once, but I´ll do it again because I´m a softy.

It´s long, because there are several different angles tax cranks have tried to pursue, but the meat is up front:
+++++++++++++++++++++++++++++++++++++++++
The argument that the 16th Amendment was not ratified is best explained (and refuted) by this quotation from U.S. v. Thomas, 788 F.2d 1250 (7th Cir. 1986), cert. den. 107 S.Ct. 187 (1986):

"Thomas is a tax protester, and one of his arguments is that he did not need to file tax returns because the sixteenth amendment is not part of the constitution. It was not properly ratified, Thomas insists, repeating the argument of W. Benson & M. Beckman, The Law That Never Was (1985). Benson and Beckman review the documents concerning the states´ ratification of the sixteenth amendment and conclude that only four states ratified the sixteenth amendment; they insist that the official promulgation of that amendment by Secretary of State Knox in 1913 is therefore void.

"Benson and Beckman did not discover anything; they rediscovered something that Secretary Knox considered in 1913. Thirty-eight states ratified the sixteenth amendment, and thirty-seven sent formal instruments of ratification to the Secretary of State. (Minnesota notified the Secretary orally, and additional states ratified later; we consider only those Secretary Knox considered.) Only four instruments repeat the language of the sixteenth amendment exactly as Congress approved it. The others contain errors of diction, capitalization, punctuation, and spelling. The text Congress transmitted to the states was: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." Many of the instruments neglected to capitalize "States," and some capitalized other words instead. The instrument from Illinois had "remuneration" in place of "enumeration"; the instrument from Missouri substituted "levy" for "lay"; the instrument from Washington had "income" not "incomes"; others made similar blunders.

"Thomas insists that because the states did not approve exactly the same text, the amendment did not go into effect. Secretary Knox considered this argument. The Solicitor of the Department of State drew up a list of the errors in the instruments and--taking into account both the triviality of the deviations and the treatment of earlier amendments that had experienced more substantial problems--advised the Secretary that he was authorized to declare the amendment adopted. The Secretary did so.

"Although Thomas urges us to take the view of several state courts that only agreement on the literal text may make a legal document effective, the Supreme Court follows the "enrolled bill rule." If a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted. Field v. Clark, 143 U.S. 649, 36 L.Ed. 294, 12 S.Ct. 495 (1892). The principle is equally applicable to constitutional amendments. See Leser v. Garnett, 258 U.S. 130, 66 L.Ed. 505, 42 S.Ct. 217 (1922), which treats as conclusive the declaration of the Secretary of State that the nineteenth amendment had been adopted. In United States v. Foster, 789 F.2d. 457, 462-463, n.6 (7th Cir. 1986), we relied on Leser, as well as the inconsequential nature of the objections in the face of the 73-year acceptance of the effectiveness of the sixteenth amendment, to reject a claim similar to Thomas´s. See also Coleman v. Miller, 307 U.S. 433, 83 L. Ed. 1385, 59 S. Ct. 972 (1939) (questions about ratification of amendments may be nonjusticiable). Secretary Knox declared that enough states had ratified the sixteenth amendment. The Secretary´s decision is not transparently defective. We need not decide when, if ever, such a decision may be reviewed in order to know that Secretary Knox´s decision is now beyond review."

It has also been claimed that the votes of Georgia legislature were recorded incorrectly and that Georgia actually rejected the amendment, contrary to Knox´s report. However, no Congressman or other official from Georgia has ever complained about the "error" and, even if there was an error and Georgia did not ratify the amendment, there would still have been thirty-seven ratifications, one more than the thirty-six required. (Article V of the Constitution requires that amendments to the Constitution be approved by the legislatures of three fourths of the states, and there were forty-eight states in 1913.)

Another claim is that the ratification of the 16th Amendment by several states was invalid because the constitutions of those states prohibited an income tax. A similar argument as to the 19th Amendment was flatly rejected by the U.S. Supreme Court in Leser v. Garnett, 258 U.S. 130 (1922):

"The second contention is that in the Constitutions of several of the 36 states named in the proclamation of the Secretary of State there are provisions which render inoperative the alleged ratifications by their Legislatures. The argument is that by reason of these specific provisions the Legislatures were without power to ratify. But the function of a state Legislature in ratifying a proposed amendment to the federal Constitution, like the function of Congress in proposing the amendment, is a federal function derived from the federal Constitution; and it transcends any limitations sought to be imposed by the people of a state." 258 U.S. at 136-137.
Still another claim made by tax protesters is that the ratification of the 16th Amendment by Ohio was invalid because Ohio did not become a state until 1953(!). This strange claim is based on a strange action that Congress took in 1953 to confirm that Ohio was indeed a state. Briefly:


By an act of April 30, 1802 (2 Stat. 173), section 1, Congress provided that "the inhabitants of the eastern division of the territory northwest of the river Ohio, be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper, and the said state, when formed, shall be admitted into the Union, upon the same footing with the original states, in all respects whatsoever." (This was consistent with the Northwest Territory Ordinance of 1787, which provided that there should be formed from the territory at least three but not less than five states. )

A convention met in Ohio on November 1, 1802, and adopted a constitution on November 29, 1802.

On January 19, 1803, a special committee of Congress reported that "the said Constitution and government so formed is republican, and in conformity to the principles contained in the articles of the ordinance made on the 13th day of July 1787, for the Government of the said Territory: and that it is now necessary to establish a district court within the said State, to carry into complete effect the laws of the United States within the same." Annals of Congress, 7th Cong., 2d sess., p. 21.

Congress then enacted legislation to declare that all of the laws of the United States shall be in force within the state of Ohio and to establish a federal district court in Ohio, stating in the preamble that "the said state has become one of the United States of America." Act of February 19, 1803 (2 Stat. 201).

Ohio began sending Representatives and Senators to Congress, began voting in Presidential elections, and has been considered to be a state ever since.
So what´s the problem? When Ohio was preparing for the 150th anniversary of its statehood, researchers discovered that they couldn´t establish the exact date that Ohio became a state, and that there was some confusion on the issue. For example, the Senate Manual (S. Doc. 5, 82d Cong., p. 570) gave the date as March 3, 1803, while the Congressional Biographical Directory (H. Doc. 607, 81st Cong., p. 76, note 9) gave the date as November 29, 1802. Further research showed that Ohio was unique because Congress declared that Ohio would become a state upon fulfilling certain conditions but had never formally declared that the conditions had been met. In admitting other states, Congress either declared that the state would be admitted as of a certain date, or passed an enabling act and then later declared that the state was admitted. In the case of Ohio, Congress passed an enabling act but never formally declared that the conditions of the enabling act had been met, either due to an oversight or due to a belief that a formal declaration was not intended and not needed.

In a 1953 report to Congress, the Legislative Reference Service of the Library of Congress stated that the lack of a formal resolution "may be considered unessential." (1953 U.S.C.C.A.N. 2126, 2128.) However, Ohio asked for a formal declaration, sending a new petition for statehood to Washington by horseback (yes, in 1953), and Congress complied (with a certain number of snide jokes), passing a joint resolution that declared Ohio to one of the United States of America as of March 1, 1803. P.L. 82-204, 67 Stat. 407. The Senate Report to the resolution states that the purpose was "to make formal, legal declaration of the de facto situation with respect to the admission of Ohio as a State of the United States." Senate Report No. 720, 1953 U.S.C.C.A.N. 2124.

So the fact of the matter was that Ohio was accepted as a state of the United States sometime in 1802 or 1803 and Congress declared the admission to be as of a certain date in 1803, but the declaration was not made until 1953.

But can courts even consider attacks on the validity of constitutional amendments? As noted by the 7th Circuit in Thomas, the argument that the 16th Amendment is invalid is not only legally and factually wrong, but it is an argument that federal courts are reluctant to consider. The federal courts have always recognized limits upon their powers, and one of those limits is that the courts should not get involved in issues that the Constitution has entrusted to other branches of the government. The Constitution says that Congress may propose amendments, and the states may ratify them. Whether an amendment has been properly ratified is considered to be a "political question" to be resolved by Congress and the states, and not in court. In a challenge to the validity of the 19th Amendment, the Supreme Court ruled that official notices of the state legislatures to the Secretary of State were "binding upon him, and, being certified by his proclamation, is conclusive upon the courts." Leser v. Garnett, 258 U.S. 130, 137 (1922).

For other decisions upholding the validity of the 16th Amendment, see United States v. Foster, 789 F.2d 457 (7th Cir. 1986), cert. den. 107 S.Ct. 273; Pollard v. Commissioner, 816 F.2d 603 (11th Cir. 1987); United States v. Benson, 941 F.2d 598 (7th Cir. 1991); Sochia v. Commissioner, 23 F.3d 941 (5th Cir. 1994), reh. den. 1994 U.S. App. LEXIS 22014; United States v. Stahl, 792 F.2d 1438 (9th Cir. 1986), cert. den. 107 S.Ct. 888; United State v. Sitka, 845 F.2d 43 (2nd Cir. 1988); Miller v. United States, 868 F.2d 236, 239-41 (7th Cir. 1989); Biermann v. Commissioner, 769 F.2d 707 (11th Cir. 1985); United States v. Buckner, 830 F.2d 102 (1987); United States v. Dube, 820 F.2d 886, 891 (7th Cir. 1986); Coleman v. Commissioner, 791 F.2d 68, 70-71 (7th Cir. 1986); United States v. Moore, 627 F.2d 830, 833 (7th Cir. 1980); Knoblauch v. Commissioner, 749 F.2d 200 (1984), cert. den. 474 U.S. 830 (1985); United States v. Matheson, (9th Cir. 1986); Lysiak v. Commissioner, 816 F.2d 311, 312 (7th Cir. 1987); Quijano v. United States, 93 F.3d 26, 30 (1st Cir. 1996); United States v. Mundt, 29 F.3d 233, 237 (6th Cir. 1994).

"Despite plaintiff´s and numerous other tax protesters´ conention that the Sixteenth Amendment was never ratified, courts have long recognized the Sixteenth Amendment´s ratification and validity." Betz v. United States, 40 Fed.Cl. 286, 295 (1998).
"As the cited cases, as well as many others, have made abundantly clear, the following arguments alluded to by the Lonsdales are completely lacking in legal merit and patently frivolous: .. .. (4) the Sixteenth Amendment to the Constitution is either invalid or applies only to corporations . . . ." Lonsdale v. United States, 919 F.2d 1440, 1448 (10th Cir. 1990).

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