-Caveat Lector-
Here is a list of topics from http://evans-legal.com/dan/tpfaq.html
You'll see that the issues raised in the Tax Protester FAQ are some of the
same ones addressed in this reward notice. You must file a return with the
IRS, and the 5th amendment will not save you, since tax court is not a
criminal court. IF you are tried CRIMINALLY by the IRS then you may use your
5th amendment rights to not incriminate yourself, it is just like a civil
case, where you are compelled to testify. Additionally the "tax amendment"
was ratified by the appropriate number of states, and it is only a matter of
typographic errors that hold no meaning from a legal perspective that the
claim of inadequate ratification stems. One MUST pay taxes, except for
specific exemptions which are encoded, such as if you are below minimum
income levels. AND, lastly but not least, since the courts have rejected all
of these arguments (whether because they were following the law or because
they were kowtowing to the IRS is irrelevant for the purposes of this
discussion), AND further case law is dependent to a large extent on PRIOR
citations it is only reasonable to presume that they will continue to reject
these claims in the future.
Believe me, I am no fan of the IRS and feel it should be abolished
completely, and taxes done away with (in an IDEAL situation anyway, but I'd
settle for a drastic reduction). I present this information because I don't
want to see people rushing off to do something foolish. Linda Miller has
provided good information in this area (she is another list moderator).
THE TAX PROTESTER FAQ
Created by Daniel B. Evans
[Last updated: 2/21/99]
Table of Contents
What is the purpose of this FAQ?
A "tax protester" is only someone classified as a "tax protester" by the
Internal Revenue Service in accordance with the IRS definition of "tax
protester."
The federal income tax is unconstitutional because it is a "direct tax" that
must be apportioned among the states in accordance with the census.
The income tax cannot apply to individual citizens, because that would be a
"direct tax" prohibited by the Constitution.
The income tax cannot apply to wages, because that would be a "direct tax"
that must be apportioned in accordance with the Constitution.
The 16th Amendment is ineffective because it does not expressly repeal any
provision of Article I of the Constitution.
The 16th Amendment gave Congress no new power to tax.
The 16th Amendment was not properly ratified.
The 16th Amendment is ineffective because the word "income" is not defined.
The Internal Revenue Code does not define "income."
The Internal Revenue Code cannot define "income" because it is a term used in
the Constitution and Congress cannot modify the Constitution by statute.
Wages cannot be taxed because our labor is our property, and so a tax on
labor would be a tax on property and a "direct tax" within the meaning of the
Constitution.
Wages cannot be taxed because the exercise of a fundamental right cannot be
taxed and the right to work is a fundamental right reserved to the citizens
of the United States by the 10th Amendment to the Constitution.
Wages are not "income" because wages represent an equal exchange of labor (a
form of "property") for money (another form of property), so there is no gain
and no income.
Wages are not income, but only a source of income, and therefore not subject
to tax.
Payment in Federal Reserve Notes is not "income" because Federal Reserve
Notes are not lawful money ("coins in gold or silver") within the meaning of
the constitution.
The income tax cannot apply to citizens outside of the District of Columbia,
the territories of the United States, and the forts and military bases of the
United States, because the federal government has no jurisdiction outside of
those "federal areas."
The income tax cannot apply to "sovereign state citizens" because they are
not "citizens" within the meaning of the 14th Amendment.
The income tax does not apply to citizens outside of the District of Columbia
and territories of the United States because the way "United States" is
defined in the Internal Revenue Code does not include the states of the
United States.
The federal income tax amounts to a deprivation of property without due
process and without just compensation, which is contrary to the 5th Amendment
to the constitution.
Withholding of income tax from wages, and the assessment and collection of
income taxes without any court order, is a deprivation of property without
due process contrary to the 5th Amendment to the constitution.
You cannot be required to file an income tax return because a tax return is a
form of testimony and the 5th Amendment guarantees that you cannot be
compelled to testify against yourself.
The IRS cannot require anyone to file an income tax return because that would
be a violation of our 4th Amendment rights.
Nothing in the Internal Revenue Code makes an ordinary citizen liable for the
income tax.
Nothing in the Internal Revenue Code requires an ordinary citizen to file a
return.
The income tax applies only to corporations.
The income tax applies only to government employees.
The income tax applies only to people exercising "privileges" or engaged in
"revenue taxable activities" such as the sale of alcohol, tobacco, and
firearms.
The Internal Revenue Service has never adopted any regulations imposing any
income tax. Furthermore, failing to file a tax return is not a crime because
the relevant provisions of the Internal Revenue Code have never been
implemented by regulations.
The Internal Revenue Code is not a law.
The Office of Management and Budget does not require any form for the income
tax imposed by section 1 of the Internal Revenue Code, and identifies section
1 of the Code as applying only to nonresident aliens.
The Internal Revenue Code does not require any payment of tax by individuals,
and the Internal Revenue Service has admitted this by failing to include any
reference to section 1 or section 6012 in the Privacy Act Statement included
in Form 1040.
The Internal Revenue Service is not an agency of the federal government, but
a private corporation incorporated in Delaware (or, alternatively, an agency
of the government of Puerto Rico).
The income tax is voluntary.
The tax laws only apply to "taxpayers" and you are not required to file
returns or pay taxes if you are not a "taxpayer."
There are lots of tax protesters who have won cases against the IRS, such as
John Cheek, Lloyd Long, and Gail Sanocki.
There are many lawyers and well-educated people who believe that tax
protester positions are valid and have been successful in arguing tax
protester cases. People like Lowell H. Becraft, Irwin Schiff, etc.
There are lots of court decisions favorable to tax protesters, but the judges
always seal the transcripts, suppress the opinions, or issue "gag orders"
against the parties so that the opinions are never published.
The court decisions against tax protesters are all rendered by ignorant,
corrupt judges who have a vested interest in maintaining the status quo
because their salaries are paid by the income tax and they are not going to
bite the hand that feeds them.
The court decisions against tax protesters are all rendered by judges who are
afraid of being audited by the IRS and so are afraid to rule against the IRS.
The IRS always wins against tax protesters because the IRS only litigates
cases against ignorant, ill-prepared defendants it knows it can beat, and it
always settles cases against the smart defendants who know how to beat the
IRS.
Why do you always assume that the courts are right and the tax protesters are
wrong? Couldn't the courts be wrong about what the Constitution means?
I have a letter from the IRS saying that I am not required to file an income
tax return.
I am not required to file a tax return because I wrote a letter to the IRS
demanding to know where in the Internal Revenue Code it says I am required to
file and the IRS has failed to respond.
The tax laws cannot be enforced against citizens in federal courts, because
federal courts are "admiralty" or "maritime" courts.
The federal income tax is inapplicable, invalid, unenforceable, or
unconstitutional because _________________________.
What penalties can be imposed on tax protesters?
*****************************************************************************************************************
"The most merciful thing in the world, I think, is the inability of the human
mind to correlate all its contents.
We live on a placid island of ignorance in the midst of seas of infinity,
and it is not meant that we should
voyage far. The sciences, each straining in its own direction, have
hitherto harmed us little; but someday
the piecing together of dissociated knowledge will open up such terrifying
vistas of reality, and of our
frightful position therein, that we shall either go mad from the revelation
or flee from the deadly light into the
peace and safety of a new dark age." H.P.Lovecraft; "The Call of Cthulhu"
DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing! These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://home.ease.lsoft.com/archives/CTRL.html
http:[EMAIL PROTECTED]/
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
