Welcome to our free download page. The Great IRS Hoax: Why We
Don't Owe Income Tax is a an amazing documentary that exposes the lie that the IRS
and our tyrannical government "servants" have
foisted upon us all these years:
"That we are liable
for Subtitle A income tax as American Citizens living in the 50 states of
the Union with income from within the 50 states of the Union."
Through a detailed and very thorough legal analysis unrefuted by any of the
100,000 people who have downloaded the book, including present and former
(after they learn the truth!) employees of the
Treasury and IRS, it exposes how the income tax
is illegal and unconstitutional as it is currently implemented and enforced by the
IRS. This book might just as well be called The Emperor Who Had
No Clothes because of the massive and blatant fraud that it
exposes. The book contains detailed forms, instructions, and procedures
intended to free you from slavery
to the federal government based on correcting IRS records to reflect your
true and proper status. Note that we are not suggesting an
"exemption" or special deduction of otherwise taxable
"income", but simply documenting the true status of your earnings
as other than "gross
income". The book also has forms and procedures
for litigating your case should you need to take it to court. Three
years of
continuous research by the webmaster went into writing this very significant and incredible
book. This book is very different from most other tax books
because:
- The book is written in part by our tens of thousands of readers and
growing...THAT'S YOU! We invite and
frequently receive good new ideas and materials from legal researchers
and ordinary people like YOU, and when we get them, we add them to the
book after we research and verify them for ourselves to ensure their
accuracy. Please keep your excellent ideas coming, because this
is a team effort, guys!
- We use words right out of the government's own mouth, in most cases, as
evidence of most assertions we make. If the government
calls the research and processes found in this book frivolous,
they would have to call the Supreme Court, the Statutes at Large, the
Treasury Regulations (26 C.F.R.) and the U.S. Code frivolous, because
everything derives from these sources.
-
Ever since the first version was published back in Nov.
2000, we have invited, and even begged, the government
continually and repeatedly, both on our website and in our book and in correspondence
with the IRS and the Senate Finance Committee (click
here to read our letter to Senator Grassley under "Political
Activism"), and in the We
The People Truth in Taxation Hearings to
provide a signed affidavit on government stationary along with supporting
evidence that disproves anything
in this book .
We have even promised to post the government's rebuttal on our web site
unedited because we are more interested in the truth
than in our own agenda. Yet, our criminal
government servants have consistently and steadfastly
refused their legal duty under the First Amendment Petition Clause to
answer our concerns and questions, thereby hiding
from the truth and
obstructing justice in violation of 18
U.S.C. Chapter 73. By their failure to answer they have
defaulted and admitted
to the complete truthfulness of this book. Silence constitutes acquiescence
and agreement in the legal field.
"Evidence
of failure to deny statements of others is admissible only when no
other explanation is equally consistent with silence." U.S.
v. Gross, 276 F.2d 816 (1960).
If the "court of public
opinion" really were a court, and if the public really were fully
educated about the law as it is the purpose of this book to
bring about, the IRS and our federal government would have
been convicted long ago of the following crimes by their own
treasonous words and actions thoroughly documented in this book (click
here for more details):
- We keep the level of the writing to where a person of average
intelligence and no legal background can understand and substantiate
the claims we are making for himself.
- We show you how and where to go to substantiate every claim we make
and we encourage you to check the facts for yourself so you will
believe what we say is absolutely accurate and truthful.
- All inferences made are backed up by extensive legal research and
justification, and therefore tend to be more convincing and
authoritative and understandable than most other tax books. We
assume up front that you will question absolutely every
assertion that we make because we encourage you to do exactly
that, so we try to defend every assertion in
advance by answering the most important questions that we think will come up. We try to reach no unsubstantiated conclusions
whatsoever and we avoid the use of personal opinions or anecdotes or
misleading IRS publications. Instead, we always try to back up
our conclusions with evidence or an authoritative government source
such as a court cite or a regulation or statute or quotes from the authors of the law themselves, and we verify every
cite so we don't destroy our credibility with irrelevant or erroneous
data or conclusions. Frequent corrections and feedback from our
100,000 readers (and growing) also helps considerably to ensure
continual improvements in the accuracy and authority and credibility
of the document.
- Absolutely everything in the book is consistent with itself and we
try very hard not to put the reader into a state of "cognitive
dissonance", which is a favorite obfuscation technique of our
criminal government and legal profession. No part of this book conflicts with any other
part and there is complete "cognitive unity". Every
point made supports and enhances every other point. If the book
is truthful, then this must be the case. A true statement cannot
conflict with itself or it simply can't be truthful.
- With every point we make, we try to answer the question of
"why" things are the way they are so you can understand our
reasoning. We don't flood you with a bunch of rote facts to
memorize without explaining why they are important and how they fit in
the big picture so you can decide for yourself whether you think it is
worth your time to learn them. That way you can learn to think
strategically, like most lawyers do.
- We practice exactly what we preach and what we put in the book is
based on lessons learned actually doing what is described. That
way you will believe what we say and see by our example that we are
very sincere about everything that we are telling you. Since we
aren't trying to sell you anything, then there can't be
any other agenda than to help you learn the truth and achieve personal
freedom.
- This is the ONLY tax book we have ever found that not only tells you
the complete story about government tax fraud, but more importantly it shows you exactly
and specifically, with both tools and detailed
procedures, all of the steps needed to free yourself completely from slavery
to the income tax.
- This is also the ONLY book that explains and compares all the major
theories and tax honesty groups and sifts the wheat from the chaff to
extract the "best of breed" approach from each advocate
which has the best foundation in law and can most easily be defended
in court.
- The entire book, we believe, completely, truthfully, and
convincingly answers the following very important question:
"How can we interpret
and explain federal tax law in a way that makes it completely legal and
Constitutional, both from the standpoint of current law and from a
historical perspective?"
If you don't have a lot of time to read EVERYTHING, we recommend
reading at least the following chapters in the order listed: 1, 4, 5, 8 (these are mandatory).
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Chapter
# |
Title |
Pages |
Size
(kbytes) |
FAST
Mirror
Site #2 |
SLOW
Main server |
|
WHOLE DOCUMENT (last revision
2JUL03, version 3.15!) |
2,760 |
20,667 |
|
|
|
Preface and Table of Contents |
129 |
966 |
|
|
1 |
Introduction |
96 |
947 |
|
|
2 |
U.S. Government Background |
128 |
967 |
|
|
3 |
Legal Authority for Income Taxes in the
United States |
164 |
1,370 |
|
|
4 |
Know Your Citizenship
Status and Rights! |
198 |
1,673 |
|
|
5 |
The Evidence: Why We Aren't
Liable to File Returns or Pay Income Tax |
312 |
2,457 |
|
|
6 |
History of Federal Government Income
Tax Fraud, Racketeering, and Extortion in the U.S.A. |
149 |
1,203 |
|
|
7 |
IRS Strategies and Tactics: Know
Your Opponent |
80 |
641 |
|
|
8 |
Solutions: How to Stop the
Tyranny |
357 |
3,100 |
|
|
9 |
Flawed Tax Protester Schemes to Avoid |
25 |
250 |
|
|
10 |
Rebutted Government Lies and Propaganda |
115 |
855 |
|
|
11 |
Federal Tax Litigation Fundamentals |
110 |
951 |
|
|
12 |
Case Studies |
68 |
458 |
|
|
13 |
Litigation Resources for Tax Freedom
Fighters |
9 |
93 |
|
|
14 |
Definitions |
11 |
101 |
|
|
15 |
Forms |
809 |
4,847 |
|
|
The Great IRS Hoax book draws on works from several prominent sources and authors, such
as:
- The U.S.
Constitution.
- The Family Constitution
- Amendments to the U.S. Constitution.
- The Declaration of Independence.
- The United States Code
(U.S.C.), Title 26 (Internal Revenue Code), both the current
version and amended past versions.
- U.S. Supreme Court Cases.
- U.S. Tax Court findings.
- The Code of Federal Regulations
(CFR), Title 26, both the current version and amended
past versions.
- IRS Forms and Publications (directly from the IRS Website at http://www.irs.gov).
- U.S. Treasury Department
Decisions.
- Federal District Court cases.
- Federal Appellate (circuit) court cases.
- Several websites.
- A book called Losing Your Illusions by Gordon Phillips of the Inform
America organization (http://www.informamerica.com).
- Case studies of IRS enforcement tactics (http://www.neo-tech.com/irs-class-action/).
- Case studies of various tax protester groups.
- The IRS' own publications about Tax
Protesters.
- A book entitled Why No One is Required to File Tax Returns
by William Conklin (http://www.anti-irs.com)
- Writings of Thomas Jefferson, the author of
the Declaration of Independence.
- Department
of Justice, Tax Division, Criminal Tax Manual
Below is a complete outline of the content of this very extensive work:
PREFACE
Testimonials
Preface
Conventions
Used Consistently Throughout This Book
Table
of Contents
Table
of Authorities
Cases
Statutes
Regulations
Other
Authorities
Index
Revision
History
1. INTRODUCTION
1.1 Summary
of the Purpose of this document
1.2 Who
Is This Document Intended To Help, As Far As Eliminating Income Taxes?
1.3
Why Should I Believe This Book or Your Website?
1.3.1
Mission statement
1.3.2
Motivation and Inspiration
1.3.3
Ministry
1.3.4
Schooling
1.3.5
Criticism
1.3.6
Pricing
1.3.7
Frequently Asked Questions About Us
1.3.7.1
Question 1: Do you file 1040 forms?
1.3.7.2
Question 2: Do you have any court cites favorable to your
position?
1.3.7.3
Question 3: Isn't it a contradiction for you to be working for
the government on the one hand and criticizing the government on the
other hand.
1.3.7.4
Question 4: Isn't it a contradiction to be paid by the very tax
dollars from the government that you tell people not to pay?
1.3.7.5
Question 5: Do you have to quote the Bible so much?
1.3.7.6
Question 6: Aren't you endangering yourself by criticizing government?
1.3.7.7
Question 7: How come I can't select or copy text from the
electronic version of this document?
1.3.7.8
Question 8: I'm afraid to act on the contents of this
book. What should I do?
1.4 Who Is
Really Liable for the Income Tax?
1.5 Amazing
Facts About the Income Tax
1.6 So if
citizens don't need to pay income tax, how could so many people be fooled for so long?
1.7
Our Own Ignorance, Laziness, Arrogance, Disorganization, and Apathy: Public Enemy #1
1.8
Political "Tax" Prisoners
1.9 What
Attitude are Christians Expected to Have About This Document?
1.9.1
Jesus Christ, Son of God, was a tax protester!
1.9.2 The
Fifth Apostle Jesus Called and the first "Sinner" Called to
Repentance Were Tax Collectors
1.9.3
The FIRST to Be Judged By God Will Be Those Who Took the Mark of the
Beast: The Socialist (Social) Security Number
1.9.4 Our
obligations as Christians
1.9.5 Civil
Disobedience to Corrupt Governments is a Biblical Mandate
1.9.6 Why you
can't trust Lawyers and Most Politicians
1.9.7 How can
I wake up fellow Christians to the truths in this book?
1.10 Common
Objections to the Recommendations In This Document
1.10.1 Why can't
you just pay your taxes like everyone else?
1.10.2 What do
you mean my question is irrelevant?
1.10.3
How Come my Accountant or Tax Attorney Doesn't Know This?
1.10.4 Why
Doesn't the Media Blow the Whistle on This?
1.10.5 Why Won't
the IRS and the US Congress Tell Us The Truth?
1.10.6 But how
will government function if we don't pay?
1.10.7 What
kind of benefits could the government provide without taxes?
1.10.8 I Believe
You But I'm Too Afraid to Confront the IRS
1.10.9 The
Views Expressed in This Book are Overly Dogmatic or Extreme
1.11
Analysis
of financial impact of ending federal income taxes
2. U.S. GOVERNMENT BACKGROUND
2.1 Code of Ethics for Government
Service
2.2 The Limited Powers and Sovereignty of the United States Government
2.3 Thomas Jefferson on Property Rights and the Foundations of Government
2.4 The Freedom Test
2.4.1 Are You
Free or Do You Just Think You Are?
2.4.2 Key to
Answers
2.4.3 Do You
Still Think You Are Free?
2.5 14 Signposts to Slavery
2.6 The
Mind-Boggling Burden to Society of Slavery to the Income Tax
2.7 America: Home of the Slave and Hazard to the
Brave
2.7.1 Karl
Marx's Communist Manifesto: Alive and Well In America
2.7.2 Public
(Government) Schooling
2.7.3 The
Socialist Plan to Make America Communist
2.7.4 IRS
Secret Police/KGB in Action!
2.8 Sources of Government Tyranny and Oppression
2.8.1
Deception: The religion of Satan and our government
2.8.2
Presumption
2.8.3 Illegal
Acts and Legal Obfuscation
2.8.4 Propaganda, and Political Warfare
2.8.5
Compelled Income Taxes on Wages
2.8.6 The
Socialist (Social) Security Number: Mark of the Beast
2.8.6.1
Coercion: The Enumeration At Birth Program
2.8.6.2
Coercion: Denying Benefits for Those who Refuse to Provide Socialist Security Numbers
2.8.7
National ID Cards
2.8.8 Paper
Money
2.8.8.1
What is Money?
2.8.8.2 The
Founders Rejected Paper Currency
2.8.8.3 War of
Independence Fought Over Paper Money
2.8.8.4
President Thomas Jefferson: Foe of Paper Money
2.8.8.5 Wealth
confiscation through inflation
2.8.8.6 The Most
Dangerous Man in the Mid South
2.8.8.7
What Type of "Money" Do You Pay Your Taxes With To the IRS?
2.8.9 The
Federal Reserve
2.8.9.1 The
Federal Reserve System Explained
2.8.9.2 Lewis v.
United States Ruling
2.8.9.3 Federal
Reserve Never Audited
2.8.10 Debt
2.8.11
Surrendering Freedoms in the Name of Government-Induced Crises
2.8.12
Judicial Tyranny
2.8.12.1
Conflict of Interest and Bias of Federal Judges
2.8.12.2
Sovereign Immunity
2.8.12.3
Cases Tried Without Jury
2.8.12.4
Attorney Licensing
2.8.12.5
Protective Orders
2.8.12.6
"Frivolous" Penalties
2.8.12.7
Non-publication of Court Rulings
2.8.12.7.1
Background
2.8.12.7.2
Publication Procedures Have Been Changed Unilaterally
2.8.12.7.3
Publication is Essential to a Legal System Based on Precedent
2.8.12.7.4
Citizens in a Democracy are Entitled to Consistent Treatment From
the Courts
2.8.12.7.5
Operational Realities of Non-publication
2.8.12.7.6
Impact of Non-publication Inside the Courts
2.8.12.7.7
Openness
2.8.12.7.8
Constitutional Considerations
2.8.12.7.9
Opinions Are Necessary, Even in "Insignificant Matters"
2.8.12.7.10
Impact on the Legal System in Society
2.8.12.7.11
Questions to Ponder
2.9 The Social Security Fraud
2.9.1
Social Security is NOT a Contract!
2.9.2 Social
Security is Voluntary Not Mandatory
2.9.3 A Legal
Con Game (Forbes Magazine, March 27, 1995)
2.9.4 The Legal
Ponzi Scheme (Forbes Magazine, October 9, 1995)
2.9.5 The Social
Security Mess: A Way Out, (Reader's Digest, December 1995)
2.10 They Told The Truth!: Amazing Quotes About the
U.S. Government
2.10.1 ...About
The Internal Revenue Service
2.10.2 ...About
Social Security
2.10.3 ...About
The Law
2.10.4 ...About
Money, Banking & The Federal Reserve
2.10.5 ...About
the New World Order
2.10.6 ...About
the "Watchdog Media"
2.10.7 ...About
Republic v. Democracy
2.10.8 ...About
Citizens, Politicians and Government
2.10.9 ...About
Liberty, Slavery, Truth, Rights & Courage
2.11 Bill of No Rights|
2.12 Am I A Bad American?-Absolutely Not!
2.13
How to Teach Your Child About Politics
2.14 If Noah Were Alive Today
2.15 Prayer at the
Opening of the Kansas Senate
2.16 The Ghost of Valley Forge
2.17 Last Will and Testament of Jesse Cornish
2.18 America?
2.19 Grateful Slave
2.20 Economics 101
3. LEGAL AUTHORITY FOR INCOME TAXES IN THE UNITED STATES
3.1 Quotes
from Thomas Jefferson on the Foundations of Law and Government
3.2
Biblical Law: The Foundation of ALL Law
3.3
The Purpose of Law
3.4 Natural Law
3.5 The Law of
Tyrants
3.6 Basics of Federal Laws
3.7 Legal
Language: Rules of Statutory Construction
3.8
How Laws Are Made
3.9
Declaration of Independence
3.9.1
Dysfunctional Government
3.9.2 God Given
Rights
3.9.3 Taxation
Without Consent
3.10 U.S. Constitution
3.10.1
Constitutional Government
3.10.2 Enumerated
Powers, Four Taxes & Two Rules
3.10.3
Constitutional Taxation Protection
3.10.4 Colonial
Taxation Light
3.10.5 Taxation
Recapitulation
3.10.6 Direct vs.
Indirect Taxes
3.10.7
Article I, Section 8, Clauses 1 and 3: The Power
to Tax and Regulate Commerce
3.10.8 Bill of
Rights
3.10.8.1
1st Amendment: The Right to Petitioner the Government for Redress of
Grievances
3.10.8.2 4th
Amendment: Prohibition Against Unreasonable Search and Seizure Without Probable Cause
3.10.8.3 5th
Amendment: Compelling Citizens to Witness Against Themselves
3.10.8.3.1
Introduction
3.10.8.3.2
More IRS Double-Speak/Illogic
3.10.8.3.3 The
Privacy Act Notice
3.10.8.3.4 IRS
Deception in the Privacy Act Notice
3.10.8.3.5 IRS
Fear Tactics to Keep You "Volunteering"
3.10.8.3.6
Jesus' Approach to the 5th Amendment Issue
3.10.8.3.7
Conclusion
3.10.8.4
6th Amendment: Rights of Accused in Criminal Prosecutions
3.10.8.5 10th Amendment: Reservation of
State’s Rights
3.10.9 13th
Amendment: Abolition of Slavery
3.10.10 14th
Amendment: Requirement for Due Process to Deprive Of Property
3.10.11 16th
Amendment: Income Taxes
3.10.11.1
Legislative Intent of the 16th Amendment According to President
William H. Taft
3.10.11.2
Understanding the 16th Amendment
3.10.11.3 History
of the 16th Amendment
3.10.11.4 Fraud
Shown in Passage of 16th Amendment
3.10.11.5 What
Tax Is Parent To The Income Tax?
3.10.11.6 Income
Tax DNA - Government Lying, But Not Perjury?
3.10.11.7 More
Government Lying, Still Not Perjury?
3.10.11.8 There
Can Be No Unapportioned Direct Tax
3.10.11.9 The
Four Constitutional Taxes
3.10.11.10 Oh,
What Tangled Webs We Weave...
3.10.11.11
Enabling Clauses
3.11 U.S. Code (U.S.C.) Title 26:
Internal Revenue Code (IRC)
3.11.1 Word
Games: Deception Using Definitions
3.11.1.1
"Compliance" (undefined)
3.11.1.2
"Domestic corporation" (in 26 U.S.C. §7701(a)(4))
3.11.1.3
" Employee"
(in 26 U.S.C. §7701)
3.11.1.4
"Foreign corporation" (in 26 U.S.C. §7701(a)(5))
3.11.1.5
" Employer"
(in 26 U.S.C. §3401)
3.11.1.6
"Gross Income"(26 U.S.C. Sec. 71-86)
3.11.1.7
"Includes" and "Including" (26 U.S.C. §7701(c))
3.11.1.8
"Income"
3.11.1.9
"Individual" (never defined)
3.11.1.10 “Levy” (in 26 U.S.C. §7701(a)(21))
3.11.1.11
"Liable" (undefined)
3.11.1.12
"Must" means "May"
3.11.1.13
"Nonresident alien" (26 U.S.C. . §7701(b)(1)(B))
3.11.1.14
"Person" (26 U.S.C. . §7701(a)1)
3.11.1.15
"Personal services" (not defined)
3.11.1.15
"Required"
3.11.1.16
"Shall" actually means "May"
3.11.1.17
"State" (in 26 U.S.C. §7701)
3.11.1.18
"Tax" (not defined)
3.11.1.19
"Taxpayer" (in 26 U.S.C. §7701)
3.11.1.20
"Taxpayer" (in 26 U.S.C. §7701)
3.11.1.21
"United States" (in 26 U.S.C. §7701)
3.11.1.22
"U.S. Citizen"
3.11.1.23
"Voluntary" (undefined)
3.11.1.24
"Wages" (in 26 U.S.C. . §3401(a))
3.11.1.25
"Withholding agent" (in 26 U.S.C. §7701)
3.11.2
26
USC
Sec. 1: Tax Imposed
3.11.3
26 USC
Sec. 61: Gross Income
3.11.4
26 USC Sec. 63: Taxable Income Defined
3.11.5 26 USC
Sec. 861: Source Rules and Other Rules Relating to FOREIGN INCOME
3.11.6 26 USC
Sec. 871: Tax on nonresident alien individuals
3.11.7 26 USC
Sec. 872: Gross income
3.11.8 26 USC
Sec. 3405: Employer Withholding
3.11.9 26 USC Sec. 6702: Frivolous Income Tax Return
3.11.10 26 USC Sec. 7201: Attempt to Evade or Defeat Tax
3.11.11 26 USC Sec. 7203: Willful Failure to File Return, Supply
Information, or Pay Tax
3.11.12 26 USC Sec. 7206: Fraud and False Statements
3.12 U.S. Code Title 18: Crimes and Criminal Procedure
3.12.1 18 U.S.C. 6002-6003
3.13 U.S. Code Title 5, Sections 551
through 559: Administrative Procedures Act
3.14 Code of Federal Regulations (CFR) Title 26
3.14.1
How to Read the Income Tax Regulations
3.14.2 Types
of Federal Tax Regulations
3.14.2.1
Treasury Regulations
3.14.2.2
"Legislative" and "interpretive" Regulations
3.14.2.3
Procedural Regulations
3.14.3 You Cannot Be Prosecuted for Violating an Act
Unless You Violate It’s Implementing Regulations
3.14.4 Part 1,
Subchapter N of the 26 Code of Federal Regulations
3.14.5 26 CFR
Sec. 1.861-8(a): Taxable Income
3.14.6 26 CFR
Sec. 1.861-8T(d)(2)(ii)(A): Exempt income
3.14.7 26 CFR
Sec. 1.861-8T(d)(2)(iii): Income Not Exempt from Taxation
3.14.8 26 CFR
Sec. 1.861-8(f)1: Determination of Taxable Income
3.14.9 26 CFR
Sec. 1.863-1: Determination of Taxable Income
3.14.10 26 CFR
Sec. 31: Employment Taxes and Collection of Income Taxes at the Source
3.14.11 26 CFR Sec. 31.3401(c)-1: Employee
3.15 Treasury
Decisions and Orders
3.15.1
Treasury
Delegation of Authority Order 150-37: Always Question Authority!
3.15.2
Treasury Decision Number 2313: March 21, 1916
3.16 Supreme
Court Cases Related To Income Taxes in the United States
3.16.1 1818: U.S.
v. Bevans (16 U.S. 336)
3.16.2 1883:
Butchers' Union Co. v. Crescent City Co. (111 U.S. 746)
3.16.3 1894: Caha v.
United States (152 U.S. 211)
3.16.4 1895: Pollack
v. Farmer's Loan and Trust Company (157 U.S. 429, 158 U.S. 601)
3.16.5 1900: Knowlton
v. Moore (178 U.S. 41)
3.16.6 1901: Downes v.
Bidwell (182 U.S. 244)
3.16.7 1906: Hale v.
Henkel (201 U.S> 43)
3.16.8 1911: Flint v.
Stone Tracy Co. (220 U.S. 107)
3.16.9 1914: Weeks v.
U.S. (232 U.S. 383)
3.16.10 1916: Brushaber
vs. Union Pacific Railroad (240 U.S. 1)
3.16.11 1916: Stanton
v. Baltic Mining (240 U.S. 103)
3.16.12 1918: Peck v.
Lowe (247 U.S. 165 )
3.16.13 1920: Evens v.
Gore (253 U.S. 245)
3.16.14 1920: Eisner
v. Macomber (252 U.S. 189)
3.16.15 1922: Bailey
v. Drexel Furniture Co. (259 U.S. 20)
3.16.16 1924: Cook v.
Tait (265 U.S. 47)
3.16.17 1930: Lucas
v. Earl (281 U.S. 111)
3.16.18 1935: Railroad Retirement Board v. Alton Railroad Company (295 U.S. 330)
3.16.19 1938:
Hassett v. Welch (303 U.S. 303)
3.16.20 1945: Hooven
& Allison Co. v. Evatt (324 U.S. 652)
3.16.21 1959: Flora v.
U.S. (362 U.S. 145)
3.16.22 1960: U.S. v.
Mersky (361 U.S. 431)
3.16.23 1961: James v.
United States (366 US 213, p. 213, 6L Ed 2d 246)
3.16.24 1970: Brady v.
U.S. (379 U.S. 742)
3.16.25 1974:
California Bankers Association v. Shultz (416 U.S. 25)
3.16.26 1975: Garner
v. U.S. (424 U.S. 648)
3.16.27 1976: Fisher
v. United States (425 U.S. 391)
3.16.28 1978: Central
Illinois Public Service Co. v. United States (435 U.S. 21)
3.16.29 1985:
U.S. v. Doe (465 U.S. 605)
3.16.30 1991: Cheek v.
United States (498 U.S. 192)
3.16.31 1992: United
States v. Burke (504 U.S. 229, 119 L Ed 2d 34, 112 S Ct. 1867)
3.16.32 1995: U.S. v.
Lopez (000 U.S. U10287)
3.17 Federal District and Circuit Court Cases
3.17.1
Commercial League Assoc. v. The People, 90 Ill. 166
3.17.2
Jack Cole Co. vs. Alfred McFarland, Sup. Ct. Tenn 337 S.W. 2d 453
3.17.3 1916:
Edwards v. Keith 231 F 110, 113
3.17.4
1925: Sims v.
Ahrens, 271 SW 720
3.17.5
1937: Stapler v.
U.S., 21 F. Supp. AT 739
3.17.6
1937: White Packing Co. v. Robertson, 89 F.2d 775, 779 the 4th
Circuit Court
3.17.7 1939:
Graves v. People of State of New York (306 S.Ct. 466)
3.17.8 1943: Helvering
v. Edison Brothers' Stores, 8 Cir. 133 F2d 575
3.17.9 1946:
Lauderdale Cemetary Assoc. v. Mathews, 345 PA 239, 47 A. 2d 277, 280
3.17.10 1947:
McCutchin v. Commissioner of IRS, 159 F2d 472 5th Cir. 02/07/1947
3.17.11
1952: Anderson
Oldsmobile , Inc. vs Hofferbert, 102 F. Supp. 902
3.17.12 1955:
Oliver v. Halstead, 196 VA 992, 86 S.E. 2d 858
3.17.13
1958: Lyddon Co. vs. U.S., 158 Fed. Supp 951
3.17.14 1960:
Commissioner of IRS v. Duberstein, 80 5. Ct. 1190
3.17.15
1962: Simmons v. United States, 303 F.2d 160
3.17.16 1969: Conner v.
U.S. 303 F. Supp. 1187 Federal District Court, Houston
3.17.17 1986:
U.S. v. Stahl, 792 F.2d 1438
3.18 IRS
Publications
3.19 Topical Legal Discussions
3.19.1
Uncertainty of the Federal Tax Laws
3.19.2
Reasonable Cause
3.19.3 The
Collective Entity Rule
3.19.4
Due Process
3.19.4.1
What is Due Process of Law?
3.19.4.2
Due process principles and tax collection
3.19.4.3
Substantive Rights and Essentials of Due Process
3.19.5 There's
No Duty To Convert Money Into Income
3.19.6 What's
Income and Why Does It Matter?
3.19.7 The
President's Role In Income Taxation
3.19.8 A
Historical Perspective on Income Taxes
4. KNOW YOUR
CITIZENSHIP STATUS AND RIGHTS!
4.1
Natural Order
4.2
Rights v. Privileges
4.2.1
Rights Defined and Explained
4.2.2
What is the Difference Between a “Right” and a “Privilege”?
4.2.3
Fundamental Rights: Granted by God and Cannot be Regulated by the Government
4.3
Government
4.3.1
The purpose of government: Protection of the weak from harm and evil
4.3.2
How government and God compete to provide "protection"
4.3.3
The purpose of income taxes: government protection of the assets of the
wealthy
4.3.4
Government as idolatry/religion
4.3.5
Socialism is Incompatible with Christianity
4.3.6
Government-instituted slavery using "privileges"
4.3.7
Civil Disobedience to Corrupt Governments is a Biblical Mandate
4.4 The
Constitution is Supposed to Make You the
SOVEREIGN and the Government Your Servant
4.4.1 The Constitution does not bind citizens
4.4.2
The Constitution as a Legal Contract
4.4.3
How the Constitution is Administered by the Government
4.4.4
If the Constitution is a Contract, why don't we have to sign it and how can our
predecessors bind us to it without our signature?
4.4.5
Authority delegated by the Constitution to Public Servants
4.4.6
Voting by Congressman
4.4.7
Our Government is a band of robbers and thieves, and murderers!
4.4.8
Oaths of Public Office
4.4.9
Tax Collectors
4.4.10
Oaths of naturalization given to aliens
4.4.11
Oaths given to secessionists and corporations
4.4.12
Oaths of soldiers and servicemen
4.4.13
Treaties
4.4.14
Government Debts
4.4.15
Our rulers are a secret society!
4.4.16
The agenda of our public servants is murder, robbery, slavery, despotism, and
oppression
4.5 The U.S.A. is a Republic, Not a Democracy
4.5.1 Republican mystery
4.5.2 Military Intelligence
4.5.3 Sovereign power
4.5.4 Government's purpose
4.5.5
Who holds the sovereign power?
4.5.6
Individually-held God-given unalienable Rights
4.5.7
A republic's covenant
4.5.8
Divine endowment
4.5.9
Democracies must by nature be deceptive to maintain their power
4.5.10
Democratic disabilities
4.5.11
Collective self-destruction
4.5.12
The "First" Bill of Rights
4.5.13
The mandate remains
4.5.14
What shall we do?
4.5.15
Sorry, Mr. Franklin, "We're All Democrats Now"
4.5.15.1
Introduction
4.5.15.2
Transition to Democracy
4.5.15.3
Current Understanding
4.5.15.4
Democracy Subverts Liberty and Undermines Prosperity
4.5.15.5
Foreign Affairs and Democracy
4.5.15.6
Foreign Policy, Welfare, and 9/11
4.5.15.7
Paying for Democracy
4.5.15.8
Confusion Regarding Democracy
4.5.15.9
The Way Out
4.5.16
Summary
4.6
The Three Definitions of "United
States"
4.7
Two Political Models:
“United States” the Corporation vs “United States of America”
4.8
The Federal Zone
4.9
Police Powers
4.10
"Residence" and "Domicile"
4.11
Citizenship
4.11.1
Sovereignty
4.11.2
Two Types of Citizens
4.11.3 Federal (U.S.) Citizens
4.11.4 State Citizens
4.11.5 Citizenship and all political rights are exercised are INVOLUNTARILY
exercised and therefore CANNOT be taxable and cannot be called
"privileges"
4.11.5.1
Voting
4.11.5.2
Paying taxes
4.11.5.3
Jury Service
4.11.5.4
Citizenship
4.11.6
"U.S. Nationals (no U.S. citizenship)
4.11.6.1
Legal Foundations of "U.S. National" Status
4.11.6.2
Some "U.S. Nationals" can't vote in federal elections
4.11.6.3
Some "U.S. Nationals" can't serve on jury duty
4.11.6.4
Summary of Constraints Applying to Natural Born State Citizenship
4.11.7 Rights Lost by Becoming a Federal Citizen
4.11.8
How do we lose our sovereignty and become U.S. citizens?
4.11.9
Expatriation
4.11.10
How the Government Has Obfuscated the Citizenship Issue to Unwittingly Make Us
All "U.S. citizens"
4.12 Two of
You
4.13 Contracts
4.14
Our rights
4.14.1
No forced participation in Labor Unions or Occupational
Licenses
4.14.2 Property
Rights
4.14.3 No IRS
Taxes
4.14.4 No Gun
Control
4.14.5
Motor
Vehicle Driving
4.14.6
Church
Rights
4.14.7
No Marriage Licenses
4.1 4.7.1
REASON #1: The Definition of Marriage License Demands that we not
Obtain One To Marry
4.1 4.7.2
REASON #2: When You Marry With a Marriage License, You Grant the
State Jurisdiction Over Your Marriage
4.14.7.3
REASON #3: When You Marry With a Marriage License, You Place Yourself
Under a Body of Law Which is Immoral
4.14.7.4
REASON #4: The Marriage License Invades and Removes God-Given
Parental Authority
4.14.7.5
REASON #5: When You Marry with a Marriage License, You Are Like a
Polygamist
4.14.7.6
When does the State Have Jurisdiction Over a Marriage?
4.14.7.7
History of Marriage Licenses in America
4.14.7.8
What Should We Do?
4.15
Sources of government authority to interfere with your rights
4.16 A
Citizens Guide to Jury Duty
4.16.1 Jury
Power in the System of Checks and Balances:
4.16.2 A Jury's
Rights, Powers, and Duties:
4.16.3 Jurors
Must Know Their Rights:
4.16.4 Our
Defense - Jury Power:
4.17 The Buck Act of 1940
4.17.1 The
united States of America
4.17.2 The
"SHADOW" States of the Buck Act
4.18 Conflicts of Law: Violations of
God's Laws by Man's Laws
4.19 How Do We Assert Our First
Amendment Rights and How Does the Government Undermine Them?
4.20 The Solution
5. THE EVIDENCE: WHY WE AREN'T LIABLE TO
FILE RETURNS OR PAY INCOME TAX
5.1 Introduction
to Federal Taxation
5.1.1
Direct Taxes Defined
5.1.2
The Power to Create is the Power to Tax
5.1.3 What type
of Tax Are You Paying the IRS--Direct or Indirect?
5.1.4
SURPRISE!: The
Income Tax is a MANDATORY INDIRECT EXCISE Tax or a VOLUNTARY DIRECT
DONATION
5.1.5 The Income
Tax: Constitutional or Unconstitutional?
5.1.6
Brief History of Court Rulings Which Establish Income Taxes on Citizens
outside the "federal zone" as "Direct Taxes"
5.2 Federal Jurisdiction to Tax
5.2.1
Oaths of Allegiance: Source of ALL government jurisdiction over people
5.2.2
Sovereignty: Key to Understanding Federal Jurisdiction
5.2.3 Dual
Sovereignty
5.2.4 How
Does the Federal Government Acquire Jurisdiction Over an Area?
5.2.5
Limitations on Federal Taxation Jurisdiction
5.2.6 Cites
That Define Federal Taxing Jurisdiction
5.2.7 "United States"
in the Internal Revenue Code means "federal zone"
5.2.8 "State"
in the Internal Revenue Code mans a "federal State" and not a
Union State
5.2.9 The definition of “foreign income”
relative to the Internal Revenue Code
5.2.10
Background on State v. Federal Jurisdiction
5.2.11
Congress' Right to Tax Imports (duties), Foreign Income of Citizens,
and Citizens living abroad
5.2.12
"Employee" in the Internal Revenue Code mans appointed or
elected government officers
5.2.13 The 50
States are "Foreign Countries" and "foreign states" with Respect to the Federal Government
5.2.14
Rebutted DOJ and Judicial Lies Regarding Federal Jurisdiction
5.3 Know Your
Proper Filing Status by Citizenship and Residency!
5.3.1
Summary of Federal Income Tax Filing Status by Citizenship and
Residency.
5.3.2
What's Your Proper Federal Income Tax Filing Status?
5.3.3
Summary of State and Federal Income Tax Liability by Residency and
Citizenship
5.3.4
How
to Revoke Your Election to be Treated as a U.S. Resident and Become a
Nonresident
5.3.5
What Are the Advantages and Consequences of Filing as a Nonresident
Citizen?
5.3.6
Tactics Useful for Employees of the U.S. Government
5.4 The Truth About "Voluntary" Aspect of
Income Taxes
5.4.1 Taxes
on Labor are Slavery
5.4.2 No
Taxation Without Consent
5.4.3 26 U.S.C. Section 1: Tax “Imposed”…Oh Really?
5.4.4
IRS Has No Legal Authority to Assess Penalties on Subtitle A Income
Taxes
5.4.5 How a
person can "volunteer" to become liable for paying income tax
5.4.6 IRS has NO Legal Authority to Assess You With an
Income Tax Liability
5.4.7 No Implementing Regulations Authorizing Collection of Subtitles A
through C income Taxes on Natural Persons
5.4.8 No Implementing Regulations for "Tax Evasion" or
"Willful Failure to File" Under 26 U.S.C. §§7201 or 7203!
5.4.9 The "person" addressed by criminal provisions of the IRC
isn't you!
5.4.10 The Secretary of the Treasury Has NO delegated
Authority to Collect Income Taxes in the 50 States!
5.4.11 The Department of Justice has NO Authority to
Prosecute IRC Subtitle A Income Tax Crimes!
5.4.12 If You Aren't a "U.S.** citizen", You Don't
Have to Provide your Social Security Number on Your Tax Return
5.4.13 Legal
Quick Sand Regarding "Volunteering" for Income Taxes
5.4.14 Your
private employer Isn't authorized by law to act as a federal
"withholding agent"
5.4.15 Voluntary
Withholding Implementation Issues
5.4.16 The
federal courts can't sentence you to federal prison for Tax crimes if
you are a "U.S. citizen" and the crime was committed outside
the federal zone
5.5 The
Laws that Say We Aren’t Liable to File Tax Returns or Keep
Records
5.5.1 You're Not a "U.S. citizen" If You
File Form 1040, You're an "Alien"!
5.5.2
You're NOT the "individual" mentioned at the top of the 1040
form if you are a "U.S. citizen" Residing in the "United
States"**!
5.5.3
No Law Requires You to Keep Records
5.5.4
Federal courts have NO statutory authority to enforce criminal
provisions of the Internal Revenue Code
5.5.5
Objections to filing based on Rights
5.5.6
Do We Have to Sign the 1040 Form Under Penalty of Perjury?
5.5.6.1
Definitions
5.5.6.2
Exegesis
5.5.6.3
Conclusion
5.5.6.4
Social Comment
5.5.7
1040 and Especially 1040NR Tax Forms Violate the Privacy Act and
Therefore Need Not Be Submitted
5.5.7.1
IRS Form 1040
5.5.7.2
IRS Form 1040NR
5.5.7.3
Analysis and Conclusions
5.5. 8
If You Don't File, the IRS Can't File a Substitute for Return for You
Under 26 U.S.C. §6020(b)
5.6 The Laws
that Say We Aren't Liable to Pay
5.6.1
There's No Statute Making Anyone Liable to Pay Subtitle A Income Taxes!
5.6.2
Your income isn't taxable because it is "notes" and
"obligations" of the U.S. government
5.6.3
Constitutional Constraints on Federal Taxing Power
5.6.4 Exempt Income
5.6.5 The Definition of "income" for the purposes
of income taxes
5.6.6
Gross Income
5.6.7
You Don't Earn "Wages" So Your Earnings Can't be Taxed
5.6.8
Employment Withholding Taxes are Gifts to the U.S. Government!
5.6.9
The Deficiency Notices the IRS Sends to Individuals are Actually Intended for
Businesses!
5.6.10
The Irwin Schiff Position
5.6.11
The "861 Source" Position
5.6.11.1
Introduction and definitions
5.6.11.2 The
Basics of the Law
5.6.11.3 English
vs. Legalese
5.6.11.4 Sources
of Income
5.6.11.5
Determining Taxable Income
5.6.11.6 Specific
Taxable Sources
5.6.11.6.1
Sources "within" the United States: Income Originating Inside
the Federal Zone
5.6.11.6.2
Sources "without" the United States: Income Originating Inside
the 50 states and Foreign Nations
5.6.11.7 Operative
Sections
5.6.11.8 Summary
of the 861 position
5.6.11.9
Why Hasn't The 861 Issue Been Challenged in Court Already?
5.6.11.10
Common
IRS (and DOJ) objections to the 861/source issue with rebuttal
5.6.11.10.1
"We are all taxpayers. You can't get out of paying income tax
because the law says you are liable."
5.6.11.10.2
IRC Section 861 falls under Subchapter N, Part I,
which deals only with FOREIGN Income
5.6.11.10.3
"Section 861 says all income is taxable"
5.6.11.10.4
The Sixteenth Amendment says “from whatever
source derived”…this means the source doesn’t matter!
5.6.11.10.5
“The courts have consistently ruled against th
861 issue”
5.6.11.10.6
“You are misunderstanding and misapplying the
law and you’re headed for harm”
5.6.11.10.7
"Commissioner v. Glenshaw Glass Co. case makes the source of income
irrelevant and taxes all 'sources'"
5.6.11.10.8
Frivolous Return Penalty Assessed by the IRS for those Using the 861
Position
5.6.11.10.9 The
income tax is a direct, unapportioned tax on income, not an excise tax,
so you still are liable for it
5.6.12
The Nonresident Alien Position
5.6.12.1
How To Legally Become a Nonresident Alien
5.6.12.2
Tax Liability and Responsibilities of Nonresident Aliens
5.6.12.3
Tricks Congress Pulled to Undermine the Nonresident Alien Position
5.6.12.4
How to Avoid Jeopardizing Your Nonresident Citizen or Nonresident Alien
Status
5.6.12.5
"Will I Lose My Military Security Clearance or Social Security
Benefits by Becoming a Nonresident Alien or a 'U.S. national'?"
5.6.12.6
REBUTTAL OF COMMON CRITICISM: "Please don't claim that you
are a nonresident alien! It is wrong and that is
trouble!"
5.6.13
The Federal Employee Kickback Position
5.6.14
"Taxpayer" v. "Nontaxpayer"
5.6.15
The "Constitutional Rights Position"
5.6.16
Guilty Until Proven Innocent: False Presumptions of Liability
Based on Treacherous Definitions
5.6.17
Scams with the Word "includes"
5.6.18
Use of the term "State" in Defining State Taxing Jurisdiction
5.7
Considerations Involving Government Employment Income
5.8 So What
Would Have to Be Done To the Constitution To Make Direct Income Taxes
Legal?
5.9 Other Clues and Hints At The Correct Application of the IRC
5.9.1 On the
Record
5.9.2 Section
306
5.9.3 Strange
Links
5.9.4 Following
Instructions
5.9.5 Treasury
Decision 2313
5.9.6 Other
Clues
5.9.7 5 U.S.C.,
Section 8422: Deductions of OASDI for Federal Employees
5.10
How Can I Know When I've Discovered the Truth About Income Taxes?
5.11 Vague Laws
5.11.1 IRS
Intent to Deceive
5.11.2
Purpose of Vague Laws is to Chain you to IRS Control
5.11.3
Why the “Void for Vagueness Doctrine” of the U.S. Supreme Court Should be
Invoked By The Courts to Render the Internal Revenue Code Unconstitutional
5.12 The
Government's Real Approach Towards Tax Law
6. HISTORY OF FEDERAL GOVERNMENT INCOME TAX
FRAUD, RACKETEERING AND
EXTORTION IN THE U.S.A.
6.1
How Scoundrels Corrupted Our Republican Form of Government
6.2 General Evolution
6.3
Presidential Scandals Related to Income Taxes and Socialism
6.3.1
1925: William H. Taft's Certiorari Act of 1925
6.3.2
1933: FDR's Great American Gold Robbery
6.3.2.1
Money Background
6.3.2.2
The Trading With the Enemy Act: Day the President Declared War on His Own
People!
6.3.2.3
FDR's Gold Robbery Scam
6.3.2.4
FDR Defends the Federal Damn Reserve
6.3.3
1935: FDR's Socialist (Social) Security Act of 1935
6.3.3.1
FDR's Pep-Talk to Congress, January 17, 1935
6.3.3.2
FDR and the Birth of Social Security: Destroying Rugged Individuality
6.3.4
1937: FDR's Stacking of the Supreme Court
6.3.5
1943: FDR's Executive Order 9397: Bye-Bye Privacy and Fourth Amendment!
6.4 History
of Congressional Cover-Ups and Tax Code Obfuscation
6.4.1 No
Taxation Without Representation!
6.4.2 The Corruption of Our Tax System by the
Courts and the Congress: Downes v. Bidwell, 182 U.S. 244, 1901
6.4.3 Why the
Lawyers in Congress Just Love the Tax Code
6.4.4 Elements
of the IRS Cover-Up/Conspiracy to Watch For
6.4.5 IRS
Form 1040: Conspiracy by Congress to Violate Rights
6.4.6 Whistleblower Retaliation, Indifference, and Censorship
6.3.6.1 We
the People Truth In Taxation Hearing, February 27-28, 2002
6.3.6.2 We
the People Efforts: April 5, 2001 Senate Hearing
6.3.6.3 Cover-Up of Jan. 20, 2002:
Congress/DOJ/IRS/ Renege on a Written Agreement to Hold a Truth in
Taxation Hearing with We The People Under First Amendment
6.4.7 Cover-Up of 1988: Changed Title of Part I,
Subchapter N to Make it Refer Only to Foreign Income
6.4.8
Cover-Up of 1986: Obfuscation of 26 U.S.C. §931
6.4.9 Cover-Up of 1982: Footnotes Removed from IRC
Section 61 Pointing to Section 861
6.4.10 Cover-Up of 1978: Confused IRS Regulations on
“Sources”
6.4.11
Cover-Up of 1954: Hiding of Constitutional Limitations On Congress’ Right To
Tax
6.4.12 Cover-Up of 1939: Removed References to
Nonresident Aliens from the Definition of “Gross Income
6.4.13
1932: Revenue Act of 1932 imposes first excise income tax on
federal judges and public officers
6.4.14
1918: "Gross income" first defined in the Revenue Act of
1918
6.4.15
1862: First Tax on "Officers" of the U.S. Government
6.5 Treasury/IRS Cover-Ups, Obfuscation, and Scandals
6.5.1
Elements of the IRS Cover-Up/Conspiracy to Watch For
6.5.2 Official/Qualified Immunity and Anonymity
6.5.3 Church
Censorship, Manipulation, and Castration by the IRS
6.5.4
IRS Form W-4 Scandals
6.5.4.1
Fraud on the W-4 Form
6.5.4.2
Unconstitutional IRS/Treasury Regulations
6.5.5 Illegal Treasury Regulation 26 CFR 301.6331-1
6.5.6
IRS Form 1040: Irrational Conspiracy to Violate Rights
6.5.7
IRS Form W-4 Scandals
6.5.7.1 Fraud
on the W-4 Form
6.5.7.2
Unconstitutional IRS/Treasury Regulations Relating to the W-4
6.5.7.3 Line
3a of W-4 modifies and obfuscates 26 U.S.C. 34023(n)
6.5.8 Whistleblower Retaliation
6.5.8.1 IRS
Historian Quits-Then Gets Audited
6.5.8.2 IRS Raided
the Save-A-Patriot Fellowship
6.5.9
IRS has NO Delegated Authority to Impose Penalties or Levies or Seizures
for Nonpayment of Subtitle A Personal Income Taxes
6.5.9.1 What
Particular Type of Tax is Part 301 of IRS Regulations?
6.5.9.2
Parallel Table of Authorities 26 CFR to 26 U.S.C.
6.5.10
Service of Illegal Summons
6.5.11 IRS
Publication 1: Taxpayer rights...Oh really?
6.5.12
W-8 Certificate of Foreign Status Form Removed from the IRS Website
December 2000 and replaced with W-8 BEN
6.5.13
Cover-Up of 1999: IRS CID Agent Joe Banister Terminated by IRS For
Discovering the Truth About Voluntary Nature of Income Taxes
6.5.14 Cover-Up of 1995:
Modified Regulations to Remove Pointers to Form 2555 for IRC
Section 1 Liability for Federal Income Tax
6.5.15 Cover-Up of 1993--HOT!!:
IRS Removed References in IRS Publication 515 to Citizens Not
Being Liable for Tax and Confused New Language
6.6 Department of Justice Scandals Related to
Income Taxes
6.6.1
Prosecution of Dr. Phil Roberts: Political "Tax" Prisoner
6.6.2
Fraud on The Court: Demjanuk v. Petrovsky, 10 F.3d 338
6.7
Judicial Conspiracy to Protect the Income Tax
6.7.1 Abuse of "Case Law"
6.7.2 The
Federal Mafia Courts Stole Your Seventh Amendment Right to Trial by Jury!
6.7.3
You Cannot Obtain Declaratory Judgments in Federal Income Tax Trials Held In
Federal Courts
6.7.4 The Changing Definition of “Direct, Indirect, and Excise Taxes”
6.7.4.1
Definition of terms and legal framework
6.7.4.2
The Early Supreme Court View of Direct vs.
Indirect/Excise Taxes Prior to Passage of the 16th Amendment 1913
6.7.4.3 Common Manifestations of the Judicial
Conspiracy
6.7.4.4
Judicial Conspiracy Following Passage of 16th
Amendment in 1913
6.7.4.5
The Federal District Court Conspiracy to Protect
the Income Tax
6.6.4.6 State Court Rulings
6.7.5
16th Amendment: U.S. v. Stahl, 792 F.2d 1438 (1986)
6.7.6
1992: William Conklin v. United States
6.7.7
1938: O'Malley v. Woodrough, 307 U.S. 277
6.7.8
1924: Miles v. Graham, 268 U.S. 601
6.7.9
1915: Brushaber v. Union Pacific Railroad, 240 U.S. 1
6.7.10
Conclusions
6.8
Legal Profession Scandals
6.8.1
Legal Dictionary Definitions of "United States"
6.8.2
The Taxability of Wages and Income Derived from "Labor" Rather than
"Profit" as Described in CLE Materials
6.9 Social
Security Chronology
6.10
Conclusion: The Duck Test
7. IRS STRATEGIES AND TACTICS: KNOW YOUR OPPONENT
7.1 IRS
Origins and Mission
7.1.1 The
Internal Revenue Service ("IRS") is NOT an Organization
within the Department of the Treasury
7.1.2
If Not an Organization within the U.S. Department of the Treasury,
then What Exactly Is the IRS?
7.1.3
By What Legal Authority, if Any, Has the IRS Established Offices
Inside the 50 States of the Union?
7.1.4
Can IRS Legally Show "Department of Treasury" on their
Outgoing Mail?
7.1.5
Why Does IRS Form 1040 Not Require a Notary Public to Notarize a
Taxpayer's Signature?
7.1.6
IRS Mission Statement and Authority
7.1.7
IRS is a Terrorist Organization by the Government's Own Definition
7.1.8
The U.S. Department of Justice Does Not Have Power of Attorney to
Represent IRS in Federal Court
7.2
Jurisdiction and Authority of IRS Agents
7.3 IRS Fails
First Time Audit
7.4 IRS Lies
and Obfuscation
7.4.1
Fraudulent/Inaccurate/Deceptive IRS Publications and Internal Revenue Manual
7.4.2
"Plausible Deniability"
7.4.3
IRS
Frivolous Response to the 861/source Issue
7.4.4 Just the
Facts
7.4.5
"Taxes are what we pay for a civilized society. "
7.4.6
Income
Taxes are Voluntary
7.5 A Message
for Employees of the Internal Revenue Service
7.6 IRS Doctoring of Tax Returns (Fraud) and IMF
7.7 Telephone
Support Games
7.8 District
Office Games
7.9 Tax
Terrorism and "Misenforcement"
7.9.1
What To Do
When the IRS Comes Knocking
7.9.2
Anonymous Harassment
7.9.3 IRS'
"Alien" Destruction
7.9.4
Encouraging Employer Withholding "Misrepresentation"
7.9.5
Fraudulent Assessments
7.9.5.1
The
"Substitute for Return"
7.9.5.2
Falsification of IMF and BMF records: The chief IRS tool of illegal
extortion
7.9.5.3 The 23C
Assessment Form
7.9.6
Taxpayer
Penalties and Interest
7.9.7
Employer
Penalties and Interest
7.9.6.1 26
U.S.C. 6682 Penalties: Underreporting of income by an Employer
7.9.8
Notice of
Deficiency
7.9.9
Examination Meeting
7.9.10 Violation
of Due Process of Law
7.9.10.1 The IRS
Publication 1 reveals your rights
.. oh, really?
7.9.10.2 The
Continuing search for Due Process of Law
7.9.10.3 Tax
Court Arrogance
7.9.10.4 The
Missing Statutory Authority
7.9.10.5 A New
Direction
7.9.10.6 IRS
Presumptions and Due Process
7.9.10.7 The
Examination Process
7.9.10.8 A
Caseworker Shared this with Us
7.9.11
Referral
and Request for Technical Advice
7.9.12
Subpoena
of Clients, Friends, and Relatives
7.9.13
Assets
Search: IRS Electronic Robbery
7.9.14
Unwanted
Confiscation/Search of Taxpayer Records
7.9.15
IRS
Hiding of Evidence
7.9.16
Stacking
the Deck During Jury Selection
7.9.17
Prosecution for Willful Failure to File
7.9.18
Tax Court
7.9.18.1
Aiello
v. Commissioner
7.9.18.2
Williams v. Commissioner
7.9.18.3
Solomon
v. Commissioner
7.9.19
Appeals
7.9.20
Tax
Levies
7.9.20.1 Who is
subject to Tax Levy?
7.9.20.2
Military Retirement Pay is Exempt from Tax Levy
7.9.21
Seizure
of Property
7.9.22
Auctions
of Taxpayer Property
7.10 Secret Law
7.11 IRS (and Congressional)
Hypocrisy and Arrogance
7.12 Statistics On IRS Behavior
7.12.1
Audits
7.12.2
Collection
activity
7.12.3
Federal
Tax Prosecutions
7.12.4
Criminal
Enforcement
7. 13
Documentation of IRS Rules and Procedures
8. SOLUTIONS: HOW TO STOP THE TYRANNY
8.1
The Price of Liberty: How Much Are You Willing to Pay?
8.2 How Do We Kill This Beast?
8.3
HELP! What should I do given my situation?
8.4 Solutions
by Topic
8.4.1
How Does the Government Apply Duress and What Is The Remedy For It?
8.4.2
Defeating the Anti-Injunction Act (26 U.S.C. §7421)
8.4.3
Defending Yourself Against Charges of Being "Frivolous"
8.4.4 Commercial
Law and the UCC
8.4.4.1
Under the Laws of Commerce, Truth is Sovereign
8. 4.4.2
An Unrebutted Affidavit Stands as Truth
8. 4.4.3
All Rights Reserved Without Prejudice
8.4. 4.4
The Notary Protest Method: VERY EFFECTIVE!
8.4.5 The Law of
Presumption
8.4.6
Relation Back Doctrine Condemns Administrative Tax Liens and Levies
8.4.7
Obtaining and Analyzing your IRS Individual
Master Files (IMF's)
8. 4.7.1 What is
the IMF?
8. 4.7.2
Requesting Your IMF
8.4.7.3
Falsification of IMF and BMF records: The chief IRS tool of illegal
extortion
8.4.8 Using Your
Constitutional Rights to Create a Mexican Standoff With the IRS
8.4.9
Avoiding Discrediting the Tax Honesty Movement and Keeping Out of Trouble
8.4.10
Becoming a "Sovereign"
8.4.11
Keeping Yourself from being Silenced in Spreading the Truth
8.5 A Process to Achieve Tax Freedom
8.5.1
Good Citizenship
8.5.1.1
Dont Give Your Children Social Security Numbers
8.5.1.2 Become a
Responsible Juror
8.5.1.3 Vote
Consistently for the Things You Believe In!
8.5.1.4 Send a
Letter to Your Congressmen and Elected Officials
8.5.1.5 Know and Follow the Law: It's Your Only Defense Against
Tyranny!
8.5.1.6 Inform Everyone You Know About the Income Tax Fraud!
8.5.2
Preparation
8.5.2.1 Buy and
maintain a journal of all aspects of your case
8.5.2.2 Get
Informed and Be Prepared!
8.5.2.3 Plan and
Organize!
8.5.2.4 Get an
Computer and an Internet Connection and Learn How to Use It
8.5.2.5 Join a Tax
Freedom Organization
8.5.2.6
IMPORTANT: Watch your language when dealing with the government!
8.5.2.7 Learn
courtroom etiquette, how to do legal research, and how to debate
8.5.3
Making Yourself "Judgment Proof"
8.5.3.1 Protect
Your Privacy Vigilantly
8.5.3.2 Eliminate Your State Marriage License and Get A Common Law
Marriage
8.5.3.3 Use and Internet and Postal "remailer"
service
8.5.3.4 Get an
Opinion Letter from a Tax Professional
8.5.3.5 Educate and Screen Your Financial
Institutions and County Recorder
8.5.3.6 Close
Your Safe Deposit Boxes and Put Valuables in a Hidden Place
8.5.3.7 Move
Personal Financial Records to a Hidden Place
8.5.3.8 Move Your
Assets to Banks that Don't Require Social Security Numbers
8.5.3.9 Avoid
Using Banks As Much As You Can
8.5.3.10 Move Your
Financial Assets Overseas Where the IRS Can't Illegally Seize Them
8.5.3.11 Eliminate Your State Driver's License and Get an International
Driver's Permit
8.5.3.12 Avoid
Actions that Would Incur Suspicion from the IRS
8.5.3.12.1
Deficiency Notice
8.5.3.12.2
Audit/Examination Vulnerability
8.5.3.13
IMPORTANT!: Change Your U.S. Citizenship Status
8.5.3.14
Change your filing status to nonresident alien and "denumber"
yourself
8.5.3.15
Protect the Privacy of Your Financial Transactions
8.5.3.15.1
Endorsing and forwarding checks written out to us
8.5.3.15.2
Use of Blank Payees on Checks
8.5.3.15.3
Avoiding the Use of Direct Deposit
8.5.3.15.4
Change your financial institutions frequently to cover your tracks
8.5.3.16
Make Yourself "Judgment Proof"
8.5.3.17
Quit Social Security and Rescind your Socialist Security Number
8.5.4
The Administrative Battle
8.5.4.1
Create and Maintain a Casefile
8.5.4.2
Understand the Tax Process and the Laws that
govern it
8.5.4.3
Structure your dealings to maximize evidence collection
8.5.4.4
Learn proper administrative procedure
8.5.4.5 Use
the FOIA. Privacy Act, and Discovery to Gain an Advantage
8.5.4.6 Use
"Dirty Tricks" Against the IRS
8.5.4.7 Don't Get
Discouraged by IRS Tactics During Your Fight
8.5.4.8 Use
the UCC and IRS Incompetency To Your Advantage
8.5.4.9 Ensure
Your Employer Reports the Correct Amount On Your W-2 as "wages"
8.5.4.9.1
Formally Request that Your Employer Provide Correct W-2's
8.5.4.9.2
Understanding the Geographical Limitations of Withholding
8.5.4.9.3 How
Non-Government Employers Are Deceived and Intimidated
8.5.4.9.4 IRS
Form W-4E (Exempt)
8.5.4.9.5
Correcting W-2's to Reflect the Correct Amount of "wages"
8.5.4.9.6
What to Do With Employers Who Won't Correct Erroneous W-2's
8.5.4.10
Establish a Prima Facie Case AGAINST Income Tax Liability
8.5.4.11 Use
Determination Letters to Fight Unethical IRS Tactics and Evasiveness
8.5.4.12 Request Income Tax Refunds for Current Year and the Past
Two Years
8.5.4.12.1
Selecting the approach to use for your refund request
8.5.4.12.2 IRS Form 8275
8.5.4.12.3
Filing 1040 Forms with Nonzero W-2 Reported "Gross Income"
8.5.4.13 Stop
Employer Withholding of Income Taxes
8.5.4.14
Stop Filing 1040 Income Tax Forms
8.5.4.15 Submit Form 4868 Annually by 15AUG If You
Aren’t Filing
8.5.4.16 Quash All Third Party Summons and Respond to Your Summons
Skillfully
8.5.4.17 Handle
Your Tax Examination Skillfully
8.5.4.18
Vehemently Oppose Improper Exam Procedures and ALL Assessments
8.5.4.19 Be on the
Offensive with the IRS: Get in Their Face!
8.5.4.20
Terminate Social Security Benefits and Your Social Security Number
8.5.4.21
Challenge All Liens and Levies
8.5.4.22
Protect Yourself from Illegal Acts of Government Extortion
8.5.5 The
Legal Battle
8.5.5.1
Understand the Tax Litigation Process
8.5.5.2 Read the Federal Rules of Civil Procedure
8.5.5.3 Buy a Legal Forms Preparation Program
8.5.5.4 Get Legal
Counsel If Prosecuted by IRS
8.5.5.5 Download, Print, and Read the Court's Local Rules
8.5.5.6 Litigate the RIGHT issues and learn how to get them in front of
the jury
8.5.5.7 Sue Employers, County Recorders, and Financial Institutions that
Violate Your Due Process Rights
8.5.5.8 Claim the 5th Amendment Whenever Questioned by the IRS
8.5.5.9 Challenge
Jurisdiction: Shift the Burden Of Proof to the Government
8.5.5.10 Challenge All Federal Criminal
Indictments
8.5.5.11
Sue the IRS If They Delay the Requested Refund >1 Year
8.5.5.12 Focus
on Violation of Fiduciary Duty by Government Officials
8.6
Questions for All Occasions To Stop the IRS Dead in their Tracks
8.6.1
Introduction and Requirements Pertaining to Your Answers
8.6.2
Foundational Question (0): Ethical Responsibilities
8.6.3
Jurisdiction
8.6.3.1
Question (1.1): Who are you?
8.6.3.2
Question (1.2): Definition of "Person"
8.6.3.3
Question (1.3): Jurisdiction within the 50 states to assess Direct
Taxes
8.6.3.4
Question (1.4): Are Subtitle A thru C income taxes on natural
persons considered "Direct taxes" or "Indirect
excises" according to the Supreme Court?
8.6.3.5
Question (1.5): Are Subtitle A thru C income taxes on natural
persons considered "Direct Taxes" or "Indirect
excises" According to the IRS
8.6.3.6
Question (1.6): If the answers to Questions 5 and 6 conflict, please
justify the reason and explain IRS authority to overrule the U.S.
Supreme Court
8.6.3.7
Question (1.7): By What Delegation of Authority order does the
United States Treasury Secretary have the authority to impose
"direct taxes" upon citizens living in the 50 states?
8.6.3.8
Question (1.8): Does the Department of Justice have any delegated
authority to defend IRS agents against criminal prosecution for
wrongdoing in administering the Internal Revenue Code?
8.6.3.9
Question (1.9): Does the Department of Justice have any delegated
authority to civilly or criminally prosecute citizens living inside the
50 states for noncompliance with Subtitle A through C income taxes?
8.6.3.10
Question (1.10): Jurisdiction based on "U.S. citizen"
status
8.6.4
Income Tax Liability
8.6.4.1
Question (2.1): Meaning of the word "imposed" in IRC
section 1Definition of Gross Income
8.6.4.2
Question (2.2): Definition of Gross Income
8.6.4.3
Question (2.3): Rules for Determining Taxable Sources
8.6.4.4
Question (2.4): Determination of Taxable Income
8.6.4.5
Question (2.5): Specific Taxable Sources
8.6.4.6
Question (2.6): Exempt Income
8.6.4.7
Question (2.7): Income not exempt
8.6.4.8
Question (2.8): "Taxpayer"
8.6.4.9
Question (2.9): Levy and Distraint
8.6.4.10
Question (2.10): Only Cotton and Distilled Spirits Lienable
8.6.4.11
Question (2.11): Assessment authority
8.6.4.12
Question (2.12): Valid Assessment not made
8.6.4.13
Question (2.13): U.S. citizenship
8.6.4.14
Question (2.14): Definition of "Income"
8.6.4.15
Question (2.15): Definition of "individual"
8.6.5
Penalties
8.6.5.1
Question (3.1): Definition of "person" under Subtitle F of
the Internal Revenue Code
8.6.5.2
Question (3.2): Am I a "person"
8.6.5.3
Question (3.3): Implementing Regulations for Subtitle A Income Taxes
for Penalties under Subtitle F
8.6.5.4
Question (3.4): Delegated authority to assess penalties
8.6.5.5
Question (3.5): Is our income tax system voluntary?
8.6.5.6
Question (3.6): Colossal Fraud of Involuntary Perjury
8.6.6
Collections
8.6.6.1
Question (4.1): Legitimate objects of distraint
8.6.6.2
Question (4.2): 4th Amendment Requirements
8.6.6.3
Question (4.3): Authority of "Notice of Deficiency"
8.6.6.4
Question (4.4): Notice and Demand
8.6.7
Employment Tax Withholding
8.6.7.1
Question (5.1): Am I an "employee"?
8.6.7.2
Question (5.2): Are employment taxes "gifts"?
8.6.7.3
Question (5.3): W-4 Forms
8.6.8
Social Security
8.6.8.1
Question (6.1): Definition of "United States"
8.6.8.2
Question (6.2): Jurisdiction
8.6.8.3
Question (6.3): Exclusive jurisdiction in the 50 states of the union
8.6.8.4
Question (6.4): Jurisdiction over Washington, C.C. and U.S.
Territories
8.6.8.5
Question (6.5): Rights of "U.S. citizens"
8.6.8.6
Question (6.6): SS-5 American Citizenship
8.6.8.7
Question (6.7): Definition of the term "U.S. citizen" on
the SS-5 form
8.6.8.8
Question (6.8): Implications of "U.S. citizenship"
8.6.8.9
Question (6.9): Explanation on SS-5 of implications of "U.S.
citizenship"
8.6.8.10
Question (6.10): SS-5 form establishment of jurisdiction
8.6.9
State Income Taxes (California Only)
8.6.9.1
Question (7.1): Definition of "State"
8.6.9.2
Question (7.2): Nonresidents taxed
8.6.9.3
Question (7.3): My status
8.7
Comparison of Philosophies of Various Detaxing Experts and Organizations
8.8 State
Taxation Issues
8.9 What would it take for the IRS and the U.S. Congress to "come
clean?"
8.10 What's the
Best Way to Force the IRS and the Congress to Come Clean?
9. FLAWED TAX PROTESTER SCHEMES TO AVOID
9.1
"16th Amendment Never Ratified"
9.2 Seeking
Administrative Remedies
9.3 Claiming
that Federal Courts Do Not Have Jurisdiction for Cases involving Title 26
9.4 The Money
Issue:
9.4.1 Adverse
Federal Decisions:
9.4.2 Adverse
State Decisions:
9.5 Non
Resident Aliens
9.6 Not a
Person
9.7 Filing
1099s against IRS Agents
9.8 Notice
of Levy
9.9 Title 26
is not positive law
9.10 Taxes
are contractual
9.11 The IRS is
a Delaware corporation
9.12 The IMF
Argument
9.13 The Form
1040 is Really a Codicil to a Will
9.14 Land
Patents
9.15 The UCC
Argument
9.16 The CFR
Cross Reference Index
9.17 The Flag
Issue
9.18 Common Law
Court
9.19 "Nom
de Guerre"
9.20 District
Court's are "non-judicial"
9.21 The US is
"foreign" to the states
9.22
Citizenship
9.23 The
"Straw Man" Sight Drafts
9.24 The
"Manufacturer's Certificate of Origin" Argument
9.25 Due
process principles and tax collection
9.26 Executive
Order No. 1110
10. REBUTTED GOVERNMENT LIES AND
PROPAGANDA
10.1
Congressional Research Service Report 97-59A, "Frequently Asked Questions
Concerning the Federal Income Tax"
10.1.1
What Specific Limitations on the Power of Congress to Tax Are Found in
the Constitution?
10.1.2
Is the Federal Income Tax A Direct or Indirect Tax?
10.1.3
What Does the Court Mean When it States That the Income Tax is in the
Nature of an Excise Tax?
10.1.4
Was the Sixteenth Amendment Properly Ratified
10.1.4.1
Did the President sign the resolution which became the Sixteenth
Amendment?
10.1.4.2 Do
clerical errors in the ratifying resolutions of the various state
legislatures negate the ratification of the Sixteenth Amendment?
10.1.5
Do Taxpayers Have the Right, under the Fifth Amendment, Not to Answer
Questions on Their Tax Returns?
10.1.6 Is
Title 26 of the United States Code (Internal Revenue) Law?
10.1.7 Are
Wages Taxable as Income?
10.1.8 Do We
Have a Voluntary Tax System?
10.1.9 Do the
Internal Revenue Service's Collection and Auditing Procedures Violate
the Fourth Amendment?
10.1.10 Do
Such Aspects of the Federal Income Tax as Graduated Rates, Deductions,
and Exemptions Violate the Equal (Protection Guarantees of the the
Constitution?
10.1.11 Has
the Withholding Act Been Repealed (Victory Tax Act Questions)?
10.1.12 When
was the Internal Revenue Service Established and Where Does it Get Its
Power to Tax?
10.1.13 Does
the Internal Revenue Service Have Authority to Operate Outside the
District of Columbia (Seat of Government Act Question)?
10.1.14 What
Is the Liberty Amendment
10.1.15 Is
the Federal Telephone Excise Tax Used to Fund the Military?
10.1.16 Does
Withholding on Wages Constitute Involuntary Servitude in Violation of
the Thirteenth Amendment?
10.1.17 Are
Not Individuals Who Are Too Young to Vote or Who Are Residents of the
District of Columbia Unconstitutionally Subjected to Taxation Without
Representation?
10.1.18
What Is Meant by the Term United States in the Context of the Internal
Revenue Code?
10.1.19
May Congress Tax Occupations of Common Law Right?
10.1.20 What
is Meant by the Term "includes"?
10.1.21 Do
the IRC Source of Income Rules Exempt the Income of U.S. Citizens?
10.1.22
What Is the Frivolous Income Tax Penalty?
10.2
IRS Report: "The Truth About Frivolous Tax Arguments"
10.2.1
The Voluntary Nature of the Federal Income Tax System
10.2.1.1
Contention: The filing of a tax return is voluntary
10.2.1.2
Contention: Payment of tax is voluntary
10.2.1.3
Contention: The IRS must prepare federal tax returns for a person who fails to
file
10.2.2
The Meaning of Income: Taxable Income and Gross Income
10.2.2.1
Contention: Wages, tips, and other compensation received for personal
services are not income
10.2.2.2
Contention: Only foreign-source income is taxable
10.2.2.3
Contention: Federal Reserve Notes are not income
10.2.3
The Meaning of Certain Terms Used in the Internal Revenue Code
10.2.3.1
Contention: Taxpayer is not a "citizen" of the United
States, thus not subject to federal income tax laws
10.2.3.2
Contention: The "United States" consists only of the
District of Columbia, federal territories, and federal enclaves
10.2.3.3
Contention: Taxpayer is not a "person" as defined by the
Internal Revenue Code, thus is not subject to the federal income tax
laws.
10.2.3.4
Contention: The only "employees" subject to the
federal income tax are employees of the federal government
10.2.4
Constitutional Amendment Claims
10.2.4.1
Contention: Payment of tax is voluntary
10.2.4.2
Contention: Taxpayers do not have to file returns or provide financial
information because the protection against self-incrimination found in
the Fifth Amendment
10.2.4.3
Contention: Compelled compliance with the federal income tax laws is a
form of servitude in violation of the Thirteenth Amendment
10.2.4.4
Contention: The Sixteenth Amendment to the United States Constitution
was not properly ratified, thus the federal income tax laws are
unconstitutional
10.2.4.5
Contention: The Sixteenth Amendment does not authorize direct
non-apportioned federal income tax on United States citizens.
10.2.5
Fictional Legal Bases
10.2.5.1
Contention: The Internal Revenue Service is not an agency of the
United States
10.2.5.2
Contention: Taxpayers are not required to file a federal income tax
return, because the instructions and regulations associated with the
form 1040 do not display an OMB control number as required by the
Paperwork Reduction Act
10.2.5.3
Contention: African Americans can claim a special tax credit as
reparations for slavery and other oppressive treatment
10.2.5.4
Contention: Taxpayers are entitled to a refund of the Social Security
taxes paid over their lifetime.
10.2.6
"Untaxing" Packages or "Untaxing" Trusts
10.2.6.1
Contention: An "untaxing" package or trust provides a way of
legally and permanently avoiding the obligation to file federal income
tax returns and pay federal income taxes.
10.3 IRS'
Version of "Why Do I Have To Pay Taxes? " with Rebuttal
11. FEDERAL TAX LITIGATION FUNDAMENTALS
11.1
Quotations on Trial by Jury
11.2 Why the Federal Courts are too Corrupted to Try the Issues Raised in
This Book
11.3 Federal Judicial Process
11.3.1
How Do Federal Judges Get Selected?
11.3.2
The Role of the Courts
11.3.3 An
Adversarial System
11.3.4 Fees and
the Costs of Litigation
11.3.5
Procedural Rules for Conducting Litigation
11.3.6 Civil
Cases
11.3.7 Criminal
Cases
11.4
Authorities on Jurisdiction of Federal Courts
11.4.1
Federal Crimes
11.4.2
Territorial Jurisdiction
11.4.3
Government of Men
11.4.4
Affect of Emergency Powers on Jurisdiction
11.4.5
Types of Courts
11.4.6
Article I Legislative and Article IV Territorial Courts
11.4.7
Article III Constitutional District Courts
11.4.8
Statutory Authority of United States Courts
11.4.9
Examples of Federal Courts Exceeding their Federal Zone Jurisdiction
11.4.10
Flawed Arguments About the Federal Courts
11.4.11
Exclusive Federal Jurisdiction
11.5 History of
Federal Territorial Jurisdiction
11.6 Basis
for Claims/Redress Against the Government Involving Wrongful Taking of Taxes
11.6.1
Elements of a Civil or Criminal Claim
11.6.2
Tax Case Elements and Procedure
11.6.3 Summary
of Relevant Statutes that Form the Basis of a Claim
11.6.4
Elements of a Civil or Criminal Claim
11.6.5 26 U.S.C
7214: Crimes of Agents and Revenue Officers
11.6.6
Court Case Cite that sets a Precedent Vis a Vis the IRS Income Tax Fraud
11.6.7
Statute of Limitations for Criminal Violations of the Tax Code (26
U.S.C. §6531)
11.7 Tax
Litigation Venues/Courts: "Forum Shopping"
11.7.1 IRS
11.7.2 U.S. Tax
Court
11.7.3 U.S.
District Court
11.7.4 U.S.
Court of Appeals/Circuit Courts
11.7.5
U.S. Court of Federal Claims
11.7.6 U.S.
Supreme Court
11.8 Proper
Service of Legal Process on the U.S. Government
11.9 Legal
etiquette and research
11.9.1
Courtroom etiquette
11.9.2
Compulsory Production of Documents
11.9.3
Case and Code Citations
11.9.3.1
Cases
11.9.3.2
Codes
11.9.3.3
Rules of Citation
11.9.3.4
Sources for Abbreviations
11.9.4
How the Shepardize
11.9.4.1
Introduction
11.9.4.2
Analysis Codes
11.9.4.3
Definitions
11.9.4.4
Procedure to Shepardize
11.9.4.5
Interpreting the Citation Information You Find
11.9.4.5.1
Parallel Citations
11.9.4.5.2
History letters
11.9.4.5.3
Treatment Letters
11.9.4.5.4
Headnote Numbers
11.9.4.5.5
Docket Numbers
11.9.4.5.6
Divisions Within a Citator
11.9.4.6
Shepardizing Statutes
11.9.4.7
Research Steps
11.9.4.8
Update Service
11.9.4.9 Case
Name Citators
11.9.4.10
Research Example
11.9.4.11
Headnote Numbers-An Example
11.10
How the Federal Judiciary Stole the Right to Petition
11.10.1
Introduction
11.10.2
The History of Judicial Arrogance to Four Central Aspects of the Petition
Clause
11.10.2.1
Aspect One: The Right of Petition for Redress vs Sovereign Immunity
11.10.2.2
Aspect Two: Judicially Created Personal and Official Immunity
11.10.2.3
Aspect Three: Political Persecution for Exercising Petition Rights
11.10.2.4
Aspect Four: The Judicial Contempt for Petitioning to Redress
Grievances with Government in Federal Court
11.10.3
The Duel Meaning of the Petition Clause: Procedural vs. Substantive
11.10.4
The Judiciary is Organized to Substantive Redress of Constitutional Grievances
and Reasonable Explanation of Unredressability
11.10.5
Conclusion
12. CASE STUDIES
12.1 An Epidemic of Non-Filers
12.2
Individuals
12.2.1 Joseph
Banister: Former IRS Criminal Investigative Division (CID) Agent
12.2.2 Gaylon
Harrell
12.2.3 Larkin
Rose (http://www.taxableincome.net)
12.2.3.1 Case
History
12.2.3.2 IRS
Meeting Transcript on 4/18/2000
12.2.3.3
Happenings after the IRS Meeting
12.2.4 John
Greer
12.2.4.1 Case
History
12.2.4.2 IRS
Meeting Transcript
12.2.5 Fred
Allnut
12.2.6 Lloyd
Long
12.3 Employers
12.3.1 Arrow
Custom Plastics Ends Withholding
13. LITIGATION RESOURCES FOR TAX FREEDOM FIGHTERS
13.1 Websites
13.2 Books
and Publications
13.3 Legal
Resources
14. DEFINITIONS
15. FORMS
15.1 IRS Forms,
Publications, Notices, and Letters
15.1.1
Forms
15.1.2
Publications
15.1.3
Notices
15.1.4
Letters
15.2
Test for Tax Professionals
15.2.1 Test for
Federal Tax Professionals
15. 2.2
Notice of Default for Test for
Federal Tax Professionals
15.2.3 Test for
California State Tax Professionals
15.2.4
Notice of Default for Test for
California State Tax Professionals
15.3 Opinion
Letters
15.3.1
Steadman Jackson Opinion Letter
15.3.2 Sample
Opinion Affidavit #1: A Foundation for Lack of Criminal Intent
15.3.3 Sample
Opinion Affidavit #2: The Voluntary Nature of the Income Tax
15.3.4 Sample
Opinion Affidavit #3: The 16th Amendment and Its Improper Ratification
15.3.5 John
Rizzo Sample Letter
15.3.6 Thomas L.
Price Sample Letter
15.3.7 John. T
Manhire Sample Letter
15.3.8 John J.
Schlabach Sample Letter
15.3.9 Robert
Minarik Sample Letter
15.3.10 Fred M.
Ortiz Sample Letter
15.3.11 Floyd A.
Wright Sample Letter
15.3.12 Sherwood
T. Rodriques Sample Letter
15.3.13 Michael
L. Kailing Sample Letter
15.4 Political Action Materials
15.4.1
Letter to Your Congressman
15.4.2 Letter
to the Attorney General
15.4.3
Pamphlet
Handout
15.4.4 Public
Letter
15.4.5 4th of
July Newspaper Article
15.4.6 Letter
to the Secretary of the Treasury
15.5 Marriage
15.5.1
Notice of Intent to Marry
15.5.2
Marriage Contract
15.6 Emancipation from the Government
15.6.1 Social
Security: Asseveration Of Coercion
15.6.2
Actual and Constructive Notice to Commissioner of Social Security
15.6.3
General Reservation of Rights
15.6.4
Affidavit of Rescission
15.6.5
Revocation of Election by Nonresident Alien to
Treat Income as Effectively Connected with a Trade or Business in the
United States
15.6.6
Voter Registration Attachment
15.6.7
Affidavit of Clarification of Citizenship for Security Clearance
15.6.8
SSA Notice of Change in Citizenship
15.6.9
Expatriation Notice to Attorney General/Secretary of State
15.6.10
UCC Filing
15.6.11
Letter to County Assessor to Remove SSN from Your
Real Property
15.6.12
Attachment Letter to a Request for Certificate of non-citizen National
Status
15.7 Financial Institutions
15.7.1
Letter
to Remove SSN and Tax Withholding From Your Account
15.7.2
Service Contract With Financial Institution to
Assure Security of Account from Unlawful Seizure, Lien, or Levy
15.7.3
Constructive Notice for Denial of Account Without SSN
15.8 Employers
15.8.1 Letter To
Employees Notifying of End of Income Tax Withholding
15.8.2 Letter to
Employers About 1099's Provided to Independent Contractors
15.8.3
Letter to Employer requesting accurate/corrected W-2's
15.8.4 Letter to
Government Employer Stopping Income Tax Withholding
15.8.5 Letter to
Commercial Employer Stopping Income Tax Withholding
15.8.6 Government Employer Affidavit
Regarding Income Tax Withholding Policies
15.8.7 Private Employer Affidavit Regarding
Income Tax Withholding Policies
15.8.8
Position Statement to IRS Regarding W-4 Exempt
15.8.9
Response to IRS Claim of Fraudulent or False W-4 EXEMPT
15.8.10 IRS
Form W-8/W-8BEN Attachment
15.9 Federal Income Tax Return Forms
15.9.1
Letter to Attach to Your 1040 Income Tax Return
15.9.2
Responsive Letter to IRS Claim of "frivolous return" in Re Request
for Refund Letter
15.10 State Income Tax Return Forms
15.10.1
Letter to Attach to California 540 State Return
15.10.2
Response to Frivolous Return Notice/Penalty
15.11 Tax Examination/Audit Forms
15.11.1 Certified
Letter of 32 Questions to Send to IRS BEFORE the Audit Begins
15.11.2 Form 1099
15.11.3 Technical
Advice
15.11.4 Sources
of Income
15.11.5 26 USC
Sec. 61
15.11.6 IRM Sec.
7.2.9.8-05/14/99: Importance of Court Decisions
15.11.7
Determining Taxable Income
15.11.8
Self-Employment Tax
15.11.9 Exempt
Income
15.11.10
Requirement To File A Return
15.11.11 Form
1099 Not Proof of "Gross Income" Received
15.11.12
Determining Tax Liability
15.11.13
Demanding More Than Required By Law
15.11.14 Request
for Technical Advice. Issue: Taxable Income
15.11.15 What is
Binding On The IRS
15.11.16
Information Subject To Inquiry
15.11.17 IRS
Examination/Meeting Worksheet
15.12 Delinquency and Collections Forms
15.12.1
Letter to Employer/Financial Institution in Receipt of an IRS Form
668A/W Notice of Levy
15.12.2
Response Letter to Unpaid Tax or Notice of Levy,
IRS Form Ltr CP501/CP504 (nonresident alien position)
15.12.3 Response
Letter to Delinquent Return, IRS Form Ltr CP515/CP518 (nonresident alien
position)
15.12.4 Response
Letter to Delinquent Return, IRS Form Ltr CP515/CP518 (861
"source" position)
15.12.5 Response
for Final Backup Withholding Notice, Form Ltr 541
15.12.6 Response
Letter for an IRS Meeting Request
15.12.7 Response
letter to District Counsel on Summons Enforcement
15.12.8 Letter
from IRS Responding to 16th Amendment Right of Taxation
15.12.9 Response
Letter to IRS About 16th Amendment Right To Collect Taxes
15.12.10
Legal
Notice Requesting Fifth Amendment Waiver Evidence
15.12.11
Affidavit of Default and Estoppel
15.12.12
Legal Notice to Restore Account
15.13 Litigation Forms
15.13.1
Response to IRS Prosecution for Willful Failure to File
15.13.2
Administrative Appeal Ltr to IRS
15.13.3
Motion to Dismiss Due to Lack of Territorial Jurisdiction
15.13.4 Civil
Action for Refund of Erroneously Withheld Private Earnings
15.13.5
Responsive Letter to IRS "Notice of Levy"
15.13.6 Objection
to Request for More Time by IRS
15.13.7 Sample
Request for Admissions To Serve on IRS
15.13.8
Association of Counsel
15.13.9
Assessment Officer
15.13.10 Original
Lien
15.13.11 Letter to
Federal District Judge
15.13.12
Citizen's Notice of Appeal of Judgment
15.13.13
Plaintiffs' Notice of Appeal of Judgment
15.13.14
Motion to Become a Sovereign
15.14 General Forms
15.14.1
Proof of Service by Mail
15.14.2 Proof
of Personal Service
15.14.3
Public Servant Questionnaire
15.14.4
Verified Affidavit of Default
15.15 Freedom
of Information Act (FOIA) and Privacy Act Forms
15.15.1
FOIA Request
15.15.2
Privacy Act Request for Correction and Expungement of Records
15.15.3
Privacy Act Request for Documents
15.15.4
Agent Questionnaire
15.15.5
Sample Privacy Act Request for Your IRS IMF File
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