What law makes you liable for the Income Tax?

[CHH]

Friday, January 11th 2008 — Christopher Hansen

The Ninth Circuit Court in Roat v. Commissioner Internal Revenue. 847 F.2d 1379, 1381 (C.A.9, 1988) ruled:

Nothing in the language of either statute suggests section 6211(a) should be read together with section 6020(b). Nothing in the Code’s structure suggests the statutes should be read together, either. Section 6020 resides in Chapter 61 of Title 26, governing information and returns. By contrast, section 6211 resides in Chapter 63, governing assessment. See Hartman, 65 T.C. at 545.

Tax policy calls for the statutes to be read independently.

But then we have the “Disclosure, Privacy Act, and Paperwork Reduction Act Notice” in the 1040 instructions that states:

Our legal right to ask for information is found in Internal Revenue Code sections 6001, 6011, and 6012(a) and their regulations. They say that you must file a return or statement with us for any tax you are liable for. Your response is mandatory under these sections.

The coursts have ruled that the 1040 is a request for information. How can these make you liable? Are they working together? Obviously they cannot work together because “Tax policy calls for the statutes to be read independently.”

Now read what Federal District Court Judge Kent Dawson’s wrote for Jury Instruction No. 19 in the Irwin Schiff Criminal case:

“Congress has the authority and general power to levy taxes to require the filing of tax returns, reporting taxes and income. The federal income tax is imposed in Section 1-of the Internal Revenue Code, on the taxable income of every individual. Taxable income is defined in -Section 63 of the Internal Revenue Code as gross income less deductions. Gross income is defined in Section 61 of the Internal Revenue Code to mean all income from whatever source derived and includes wages and salaries. Every individual whose gross income exceeds specified amounts is required to file an income tax return pursuant to Section 6012 of the Internal Revenue Code. When a return is required, the person required to make such return is required without assessment or notice and demand of the Secretary of the Treasury, to pay such tax along with his or her return. These sections, working together, make an individual liable for income taxes.

“The Internal Revenue Service is authorized by Congress to enforce and administer the internal revenue code. The Internal Revenue Service may assess taxes and may lawfully seize or levy property without court order in order to satisfy tax liabilities.”

The United States Supreme Court in Gonzales v. Carhart 127 S.Ct. 1610, 1628 (2007) explained the problem quite clearly when they ruled:

As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.

The Act provides doctors “of ordinary intelligence a reasonable opportunity to know what is prohibited.” Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972). Indeed, it sets forth “relatively clear guidelines as to prohibited conduct” and provides “objective criteria” to evaluate whether a doctor has performed a prohibited procedure. Posters ‘N’ Things, supra, at 525-526, 114 S.Ct. 1747. Unlike the statutory language in Stenberg that prohibited the delivery of a ” ‘substantial portion’ ” of the fetus-where a doctor might question how much of the fetus is a substantial portion-the Act defines the line between potentially criminal conduct on the one hand and lawful abortion on the other. Stenberg, 530 U.S., at 922, 120 S.Ct. 2597 (quoting Neb.Rev.Stat. Ann. § 28-326(9) (Supp.1999)). Doctors performing D & E will know that if they do not deliver a living fetus to an anatomical landmark they will not face criminal liability.

The court in Philadelphia Storage Battery Co v. Lederer, 21 F.2d 320, 321, in 1927, sounded a lot like the Supreme Court in Gonzales v. Carhart (above) when they said:

Tax laws, like all other laws, are made to be obeyed. They should therefore be intelligible to those who are expected to obey them.

Be honest folks! Do you HONESTLY believe that the Income Tax Code provides Americans “of ordinary intelligence a reasonable opportunity to know what is prohibited” or required. Are they “intelligible” to those expected to obey them?

The former head of the IRS doesn’t even think so:

Eight decades of amendments and accretions to the Code have produced a virtually impenetrable maze. The rules are unintelligible to most citizens - including those who hold advanced degrees and including many who specialize in tax law. The rules are equally mysterious to many government employees who are charged with administering and enforcing the law.

It is also a known fact that the Internal Revenue Code is a very easily misunderstood area of law, even misunderstood by trained professionals. Judges and lawyers admittedly do not know the tax laws. –Ms. Shirley D. Peterson, former Commissioner of the IRS made in a “Tax Policy Lecture” before Southern Methodist University, on April 14, 1993

[SwissMrs&Pitchfire]

To answer the question of what law? I believe it is the rule of law perverted to being the rule of law(yers) and their cop enforcers.

[CHH]

To answer the question of what law? I believe it is the rule of law perverted to being the rule of law(yers) and their cop enforcers.

What law do you think was perverted?

[SwissMrs&Pitchfire]

I did not say that a specific law was perverted, but rather the rule of law itself has been made to serve that which very likely never was law. Thus under the color of law, enforcement has been made to create, through precedent, that which was never law, to act as if it were law.

[Col. Flagg]

Aaron Russo's "America: Freeedom to Fascism" documentary exposes what happened in 1913 and why. The income tax is the biggest financial fraud and scheme ever perpetrated upon a people by its government! We don't have politicians running (or ruining) the country... we've got a cabal of criminals and thieves masquerading as 'representatives'!!

[CHH]

I did not say that a specific law was perverted, but rather the rule of law itself has been made to serve that which very likely never was law. Thus under the color of law, enforcement has been made to create, through precedent, that which was never law, to act as if it were law.

I would have to disagree. I believe there is a law that is actually quite clear. Public officers of the U.S. government have to pay income taxes on all money earned in that trade or business. When you sign up for a Social Secuirty Number you swear you are a US citizen and become a government employee.

[CHH]

Aaron Russo's "America: Freeedom to Fascism" documentary exposes what happened in 1913 and why. The income tax is the biggest financial fraud and scheme ever perpetrated upon a people by its government! We don't have politicians running (or ruining) the country... we've got a cabal of criminals and thieves masquerading as 'representatives'!!

So do you file?

[shadow]

CHH, would you suggest that one just not file and leave it at that and wait for the IRS to come after that person? Then what?

How does one begin to "get out" of the system??

It seems that the majority of the people are employees of corporations. The law requires that the corporation take taxes from it's employees BEFORE the employee even gets his/her paycheck. If one has taxes taken out of their paycheck, should they try to get as much back as they can by filing a 1040?

[Col. Flagg]

Aaron Russo's "America: Freeedom to Fascism" documentary exposes what happened in 1913 and why. The income tax is the biggest financial fraud and scheme ever perpetrated upon a people by its government! We don't have politicians running (or ruining) the country... we've got a cabal of criminals and thieves masquerading as 'representatives'!!

So do you file?

Since 1989... every year. I was only recently awakened to the fraud of the income tax and Russo's documentary only reinforced what I knew. Filing has become so customary that I'm not sure we could just stop doing it. We typically get a refund every year and our tax preparer is a lady in our ward who is also a friend of ours. If we didn't file, she would ask why, although, she would never submit anything to the 'Fed' indicating it. Knowing what I know now, if it were just me filing (my wife and I file together), I'd never file again. Hey... that just sounded like a quote from the movie "Princess Bride". Those who have seen it more than once like I have will know which line I'm talking about.

[SwissMrs&Pitchfire]

"C'est magnifique, mais ce n'est pas la guerre. C'est de la folie." stated the French marshal Pierre Bosquet regarding the Charge of the Light Brigade. (It's magnificent, but it isn't war. It's madness.)

[CHH]

I just quit 30 years ago. My wife told me that if I filed again she would divorce me. Faith of a child and all that. I am not writing from prison. I have never been to Tax Court for myself. I have never been audited. I guess that trust in God stuff really works.

The way you get out is to send in the SSS number you carry around and tell them you are no longer a part of their Established Religion. If you think it is not a religion you are wrong. You belong to it voluntarily and you pay your first fruits to this religion of the Beast voluntarily.

The rest of the list is long and it has risks since you are fighting a great evil.

Yes! You will have to sacrifice but you will no longer have to commit perjury. See my new post on that. The evidence against them is growing.

And the law DOES NOT REQUIRE THAT. It requires "U.S." corporations to withhold from Taxpayers that VOLUNTARILY sign an Withholding ALLOWANCE. What did you think you wee ALLOWING when you signed it?

Only a Taxpayer can sign a 1040. To be a Taxpayer you have to have received a benefit or right from Congress that they can regulate. If not you could not go to Tax Court. If you want the Supreme Court case that says so, just ask. I think I have posted it before. It is the Northern pipeline case. it is 100% clear.

CHH, would you suggest that one just not file and leave it at that and wait for the IRS to come after that person? Then what?

How does one begin to "get out" of the system??

It seems that the majority of the people are employees of corporations. The law requires that the corporation take taxes from it's employees BEFORE the employee even gets his/her paycheck. If one has taxes taken out of their paycheck, should they try to get as much back as they can by filing a 1040?

[CHH]

So do you file?

Since 1989... every year. I was only recently awakened to the fraud of the income tax and Russo's documentary only reinforced what I knew. Filing has become so customary that I'm not sure we could just stop doing it. We typically get a refund every year and our tax preparer is a lady in our ward who is also a friend of ours. If we didn't file, she would ask why, although, she would never submit anything to the 'Fed' indicating it. Knowing what I know now, if it were just me filing (my wife and I file together), I'd never file again. Hey... that just sounded like a quote from the movie "Princess Bride". Those who have seen it more than once like I have will know which line I'm talking about.

I once filed and I stopped. I know many that have. If you know what you know then if you file you are committing a felony. Your choice of course. Look at the new one I just posted on perjury.

[shadow]

CHH, I think that if one didn't sign that "voluntary" withholding allowance form they wouldn't have a job (sacrifice?). Most employers wouldn't want to deal with it even though it would cost them less because they wouldn't have to match the social welfare taxes. Sure the employee could "not" be an employee and get a 1099 instead, but that would be against the law too. I checked that out a few years ago when one of my employees asked to be paid that way. The accountant said no because....and gave many definitions from the government of what an employee is and what a 1099 is not. Also the corporation would want to write off the expense of having the employee (wages).

By the way, I'm not an employee. I haven't received a paycheck for years. I was just asking because the majority of the people are employees of an U.S. corporation. And if I was an employee and had my wages (labor) garnished, I would file a return to get as much back as possible.

Didn't you post a few months back that you have a letter from the IRS stating that you are not required to file??

Another question. Where did you send your SS# back to?

Thanks for all the info you provide.

[CHH]

Sacrifice. Right. If they are the kind of employer that will not hire you because of your religious beliefs then you cannot work for them if you practice your religion. Would you work for an employer that would not let you wear your temple undergarments? We are commanded to eschew Socialism. I think that is a commandment?

An employee has to be involved in a trade or business which is a public office. Your accountant did not understand the code. The code is not law. It is for people that volunteer to get a benefit from congress. If not they would not have to go to the particularized tribunal called Tax Court.

You send it to the Social Security Administration with a letter of resignation and the religious reasons you are resigning. They will not close the ACCOUNT because it belongs to them. It is THEIR number. It never was your number.

Then never use it again.

CHH, I think that if one didn't sign that "voluntary" withholding allowance form they wouldn't have a job (sacrifice?). Most employers wouldn't want to deal with it even though it would cost them less because they wouldn't have to match the social welfare taxes. Sure the employee could "not" be an employee and get a 1099 instead, but that would be against the law too. I checked that out a few years ago when one of my employees asked to be paid that way. The accountant said no because....and gave many definitions from the government of what an employee is and what a 1099 is not. Also the corporation would want to write off the expense of having the employee (wages).

By the way, I'm not an employee. I haven't received a paycheck for years. I was just asking because the majority of the people are employees of an U.S. corporation. And if I was an employee and had my wages (labor) garnished, I would file a return to get as much back as possible.

Didn't you post a few months back that you have a letter from the IRS stating that you are not required to file??

Another question. Where did you send your SS# back to?

Thanks for all the info you provide.

[ChelC]

How do you never use it again? I'm right now trying to go through in my head everything you need one for....

Are you wealthy? Because I can't imagine how one would deal with the legal fallout over doing it.

[Proud 2b Peculiar]

The only thing I have come up with is a company that never makes a profit never has to file.

An LLC is allowed to 'hire' family and not pay the same taxes on them as they would other employees.

But if there is no profit then no taxes.

I am still trying to get this. It is a voluntary system. If we use it, and try to get money from it, then they will check to see if we are holding out on them.

Kind of reminds me of my experiences when we were getting state assistance. (the reason we stopped and refused to again) They were able to pull up all our information right there and the lady accused us of lying and saying we would not need help with our income level, and then when the computer said that we qualified, she looked a little sheepish. When we saw how much was connected to those numbers and how it gave them permission to be in our lives, it freaked me out.

When we were trying to leave it, we had people checking up on us A LOT. But since we have gotten all out, nothing. (of the welfare system)

Except we have gotten letters from the governor trying to convince us to take the free health care for all he is offering. We won't. It seems like doing that gives them total control over governing you.

I am still trying to clarify things with income tax in my mind. I don't get how you can just bail out, once you wake up and not have them come swooping in.... once you are not under an employer that tries to get you to file a w-4, then they really don't know what you make...


Still pondering this....

[Proud 2b Peculiar]

On another note, I know a family that had not been in the system at all.

They decided to return to public school and then suddenly there is knocking at their door, threats that there children will be taken if they don't accept medicaid for their children, and food stamps and other free meals. Once they did that, then here comes the IRS banging on their doors saying they owe $80,000 in taxes because they were never in the system.

They were invisible until they entered into it, for years.... so, now I have to think about what happens when you have been in, how do you get back out, and in a way that is legal and good before God?

[ChelC]

I think there are other ways to combat the system than to do as CHH, but I do think he is right that non compliance is a far more effective protest. Mostly anything else can be ignored.

If we could just work on convincing people of the proper role of government and then on voting for principle and not strategy/party or whatever, that would be huge.

[Proud 2b Peculiar]

Yes it would. Or if it dies, then it cannot control anymore either, and then the proper government can rise from the ashes so to speak.

[shadow]

My problem is that in my line of work I have to have a license from the state. It would be a great sacrifice if I had to find another profession. I don't have one of them there edumacation papers that says I'm done college edemacated. (I don't have a degree)

Without a license I'm out of business. It's not just that the state requires one, the companies I do business with require that I have one too. To have one requires a SS#. Yikes!

"Sacrifice brings forth the blessings of heaven"

[CHH]

How do you never use it again? I'm right now trying to go through in my head everything you need one for....

Are you wealthy? Because I can't imagine how one would deal with the legal fallout over doing it.

Poor as a church mouse.

You mean it would be VERY DIFFICULT to Buy or Sell without the number?

Now you are starting to understand your awful situation.

42 USC Sec. 666
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part D - Child Support and Establishment of Paternity

Sec. 666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
(a)(13) Recording of social security numbers in certain family matters. - Procedures requiring that the social security number
of -
(A) any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license be recorded on the application;

Matt. 13: 9 Who hath ears to hear, let him hear.

Rev. 13: 17 And that no man might buy or sell, save he that had the mark, or the name of the beast, or the number of his name.

Are you worried yet?

What are you going to do about it.

And remember that the Prophet, in general conference, told the members in 1936 AD to STAY OUT OF THE SOCIAL SECURITY SYSTEM because was was in direct opposition to the teachings of Jesus Christ.

They also told us time and again to ESCHEW SOCIALISM. I listened.

[CHH]

The only thing I have come up with is a company that never makes a profit never has to file.

An LLC is allowed to 'hire' family and not pay the same taxes on them as they would other employees.

But if there is no profit then no taxes.

I am still trying to get this. It is a voluntary system. If we use it, and try to get money from it, then they will check to see if we are holding out on them.

Kind of reminds me of my experiences when we were getting state assistance. (the reason we stopped and refused to again) They were able to pull up all our information right there and the lady accused us of lying and saying we would not need help with our income level, and then when the computer said that we qualified, she looked a little sheepish. When we saw how much was connected to those numbers and how it gave them permission to be in our lives, it freaked me out.

When we were trying to leave it, we had people checking up on us A LOT. But since we have gotten all out, nothing. (of the welfare system)

Except we have gotten letters from the governor trying to convince us to take the free health care for all he is offering. We won't. It seems like doing that gives them total control over governing you.

I am still trying to clarify things with income tax in my mind. I don't get how you can just bail out, once you wake up and not have them come swooping in.... once you are not under an employer that tries to get you to file a w-4, then they really don't know what you make...


Still pondering this....

You are thinking like a taxpayer. Stop looking at the IRC for exemptions. Nontaxpayers have no remedies WITHIN the code. If you want to be a nontaxpayer then you have to look at why you are not liable at all.

In Economy Plumbing & Heating Co., Inc. v. U. S. 470 F.2d 585, *589 (Ct.Cl.,1972) we learn that everyone is not a taxpayer. “They [the revenue laws] relate to taxpayers, and not to nontaxpayers. The latter are without their scope. No procedure is prescribed for nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law.”

We know that Tax Court is a particularized tribunal and that only taxpayers can go to Tax Court. Therefore to be a “taxpayer” an American must have accepted a right created by federal statute or substantial inroads into functions that have traditionally been performed by the Judiciary would have been transferred to Tax Court which would be an unwarranted encroachment upon the judicial power of the United States, which our Constitution reserves for Art. III courts.

The Supreme Court is very clear on this in Northern Pipeline Const. Co. v. Marathon Pipe Line Co. 458 U.S. 50, *83-84, (1982)

Although Crowell and Raddatz do not explicitly distinguish between rights created by Congress and other rights, such a distinction underlies in part Crowell's and Raddatz' recognition of a critical difference between rights created by federal statute and rights recognized by the Constitution. Moreover, such a distinction seems to us to be necessary in light of the delicate accommodations required by the principle of separation of powers reflected in Art. III. The constitutional system of checks and balances is designed to guard against “encroachment or aggrandizement” by Congress at the expense of the other branches of government. Buckley v. Valeo, 424 U.S., at 122, 96 S.Ct., at 683. But when Congress creates a statutory right, it clearly has the discretion, in defining that right, to create presumptions, or assign burdens of proof, or prescribe remedies; it may also provide that persons seeking to vindicate that right must do so before particularized tribunals created to perform the specialized adjudicative tasks related to that right. Such provisions do, in a sense, affect the exercise of judicial power, but they are also incidental to Congress' power to define the right that it has created. No comparable justification exists, however, when the right being adjudicated is not of congressional creation. In such a situation, substantial inroads into functions that have traditionally been performed by the Judiciary cannot be characterized merely as incidental extensions of Congress' power to define rights that it has created. Rather, such inroads suggest unwarranted encroachments upon the judicial power of the United States, which our Constitution reserves for Art. III courts.

And profits are from a trade or business. Do you know how the IRC defines a trade or business?

No law makes you liable. You have to decide you are liable. That is why it is a voluntary system. Satan cannot force you so he has to use deception and "seduce" you just like he did to the Nephites. If you are forced he gains nothing. You have to CHOOSE to be evil.

The main reason I am not required to file or pay is because I am not a member of the New American Civil Religion. If you file their TAXPAYER forms for taxpayers and you have a Social Security Number the of course you have chosen to be a taxpayer. why would anyone that is NOT a taxpayers say they were under penalties of perjury if they were not?

[CHH]

I think there are other ways to combat the system than to do as CHH, but I do think he is right that non compliance is a far more effective protest. Mostly anything else can be ignored.

If we could just work on convincing people of the proper role of government and then on voting for principle and not strategy/party or whatever, that would be huge.

If. So you want to wait until enough people become Christians so you can do it without cost.

1 Ne. 14: 10-12
10 And he said unto me: Behold there are save two churches only; the one is the church of the Lamb of God, and the bother is the church of the devil; wherefore, whoso belongeth not to the church of the Lamb of God belongeth to that great church, which is the mother of abominations; and she is the whore of all the earth.
11 And it came to pass that I looked and beheld the whore of all the earth, and she sat upon many waters; and she had dominion over ball the earth, among all nations, kindreds, tongues, and people.
12 And it came to pass that I beheld the church of the Lamb of God, and its numbers were few, because of the wickedness and abominations of the whore who sat upon many waters; nevertheless, I beheld that the church of the Lamb, who were the saints of God, were also upon ball the face of the earth; and their dominions upon the face of the earth were small, because of the wickedness of the great whore whom I saw.

If you are in the Civil Religion you are not in the religion of the Lamb.

I sure am glad that Christ and Peter and Paul and Joseph Smith and Brigham Young and the Founding Fathers did not wait until they convinced enough people to change the system so they could be Christians without cost.

I guess Abinidi was just a radical nut case.

Shut up and pay. Your words say you do not freedom, you want kind masters.

t does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. –Samuel Adams

If you love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen. – Samuel Adams, 1776

Do you think for one second that these men did not risk everything to give you the CHANCE to be free? Do you honestly believe you can risk less and stand before God at the judgment bar and think yourselves worthy of Godhood?

The war in Heaven was about liberty. Those that are not valiant in this life will pay a price just as those that were not valiant before we came to earth. And Benson said so.

If you do not act on what you know then you are guilty.

[CHH]

My problem is that in my line of work I have to have a license from the state. It would be a great sacrifice if I had to find another profession. I don't have one of them there edumacation papers that says I'm done college edemacated. (I don't have a degree)

Without a license I'm out of business. It's not just that the state requires one, the companies I do business with require that I have one too. To have one requires a SS#. Yikes!

"Sacrifice brings forth the blessings of heaven"

Yep. That is what they told me too. Contractors have to have a license. But then I am still working and still don't have a license. I don't have a driver's license either but I still get in a car and sit behind the wheel and do all those driving things. And of course you have to have a dog license OOPS! And a marriage License OOPS! My doctor is not even licensed.

I guess that trust in God thing really works.

For straight is the gate and narrow is the way that leadeth to liberty and few there be that find it.

And I am a high schools drop out so all that I am not educated stuff just falls on deaf ears with me.

[Proud 2b Peculiar]

So, how do you get your State ID?

And what is it that you use to drive when they ask about your license?

I refuse to take part in the Real ID as it is. So, I am curious how you drive and do not get hauled off to jail.

Missouri is opposed to the Real ID at this time, but I want to know how to get back to the right to travel without the whole papers please and without being incarcerated or something.

Or do you pay for your liberty by actually paying fines for not having it or what?