Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom | |
Eyes Wide Open (OP) User ID: 24135 United States 10/26/2005 11:43 PM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 1436 United States 10/27/2005 12:15 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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) User ID: 24135 United States 10/27/2005 10:13 AM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 36590 Japan 10/27/2005 10:20 AM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 7934 United States 10/27/2005 10:31 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 36676 United States 10/27/2005 10:33 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 36680 United States 10/27/2005 10:49 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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) User ID: 24135 United States 10/27/2005 01:52 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 1436 United States 10/27/2005 07:01 PM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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) User ID: 24135 United States 10/27/2005 08:35 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward (OP) User ID: 24135 United States 10/28/2005 06:15 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 1436 United States 10/29/2005 01:21 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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) User ID: 24135 United States 10/29/2005 10:45 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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!This IRS Stooge off the thread!! Truth N Taxationn "TNT" |
Anonymous Coward User ID: 1436 United States 10/29/2005 10:46 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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) User ID: 24135 United States 10/29/2005 10:58 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 |
132 is mentally sick User ID: 37424 United States 10/29/2005 11:22 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 37424 United States 10/29/2005 11:34 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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) User ID: 24135 United States 10/29/2005 04:42 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward (OP) User ID: 24135 United States 10/30/2005 09:23 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 1436 United States 10/31/2005 12:01 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 1436 United States 10/31/2005 11:01 AM Report Abusive Post Report Copyright Violation | |
captain obvious User ID: 38033 United States 10/31/2005 11:28 AM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 1436 United States 10/31/2005 04:46 PM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 1436 United States 10/31/2005 10:41 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 13603 United States 11/03/2005 12:30 PM Report Abusive Post Report Copyright Violation | |
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Anonymous Coward User ID: 380 United States 11/03/2005 01:44 PM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 380 United States 11/03/2005 01:49 PM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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 User ID: 380 United States 11/03/2005 02:27 PM Report Abusive Post Report Copyright Violation | |
Anonymous Coward User ID: 1436 United States 11/03/2005 04:59 PM Report Abusive Post Report Copyright Violation | Re: Extensive and Irrefutable Proof Federal Judges and DOJ Lawyers Knowingly Violate The Law In Order To Convict Defendants (Illegally) Charged With Incom 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). |