America Freedom to Fascism

[Gawain of Orkeny]

Any of you ever see this?

America Freedom to Fascism

There is no law requiring most US citizens to pay income tax. In fact the constitution specifically prohibits it.

Also down with the Fed . Its unconstitutional and ripping us off.

[CrossLOPER]

I want my - $.08 back.

[CountArach]

Let's see that one hold up in court.

[Gawain of Orkeny]

Did you watch it because it has. Its the truth. Ill tell you all a little secret. i havent filed in over 30 years . In fact I dont ever remember filing other than in the Marines were all you had to do was sign the damn thing.

[lars573]

So? I live in a nation where they were smart enough to legislate a legal obligation to file income taxes. If they figure you owe anything.

[Ice]

Did you watch it because it has. Its the truth. Ill tell you all a little secret. i havent filed in over 30 years . In fact I dont ever remember filing other than in the Marines were all you had to do was sign the damn thing.

http://docs.law.gwu.edu/facweb/jsieg.../JustNoLaw.htm

Some tax protestors like to argue that we can only be taxed by law, not by some mere "code" like the Internal Revenue Code. These protestors are often under the mistaken impression that the Internal Revenue Code was written by the IRS.
Basic Answer

This argument simply reflects ignorance of what the Internal Revenue Code is and where it came from.

The Internal Revenue Code is law. It was passed by the United States Congress. It does not come from the IRS. The IRS writes regulations that help implement the Code, but the Code itself was passed by Congress. Under the Constitution, if a bill is passed by both houses of Congress and signed by the President, it is the law. That's what happened with the Internal Revenue Code, so the Code is the law.

The Code is called the "Internal Revenue Code" because that's the name chosen for it by the Congress. (See section 7701(a)(29).) So it does have the word "Code" in its name. But it is, absolutely, law passed by the Congress.
More Detail

Here's some further detail for readers who'd like to know the exact dates and citations for the law:

The Internal Revenue Code wasn't passed all at once. Congress is constantly tinkering with and amending it. The last comprehensive overhaul of the Code occurred on October 22, 1986, when Congress passed Public Law 99-514, entitled "A bill to reform the internal revenue laws of the United States."

There have been many amendments since then, but each amendment was passed by Congress. The current Internal Revenue Code is the result of the original law plus all the amendments over time. But the Code is still made up of laws passed by the Congress. It was not written by the IRS.

Laws passed by Congress can be found in a series of books called the Statutes at Large. If you want to look up the 1986 law, you can find it in Volume 100 of the Statutes at Large, beginning at page 2085.

A more convenient source is Title 26 of the United States Code. The problem with trying to find the law in the Statutes at Large is that, in order to tell whether the part you're reading (say, the 1986 tax law) is still good, current law, you'd have to read the entire Statutes at Large to see whether any later statute repealed or amended it. So you'd have to look through every statute that Congress has passed in the intervening decades. That's not very practical.

Fortunately, someone else has done that for you. The Office of the Law Revision Counsel of the U.S. House of Representatives compiles the Statutes at Large into a more usable source known as the United States Code. Whenever Congress passes a law that amends an already existing law (such as the income tax law), the Revisers strike out the old, obsolete portion and replace it with the new portion. That way, the U.S. Code always reflects the most current law.

But in any event, it's still the law as passed by the United States Congress. The Revisers have just compiled it into a more convenient, usable form.
Still More Detail

Some confusion may result from the fact that some Titles in the United States Code (but not Title 26) have been enacted as "positive law." In published editions of the U.S. Code, these titles are marked with an asterisk, and Title 26 is not one of them.

All this means is that, for some Titles, Congress, usually after many years of tinkering with and amending the Title, decided to pass one, single statute embodying all the law in the entire Title. When this is done, that one law in the Statutes at Large can also be used as a Title of the U.S. Code (until it gets amended again).

Congress never did this for Title 26. Title 26 is the compiled result of many separate statutes passed over a period of decades.

But that doesn't matter. Title 26 is still the law as passed by the Congress. Law created by many statutes over time is still law.

I'm not sure how the IRS hasn't caught you in 30 years.

[CountArach]

Did you watch it because it has. Its the truth. Ill tell you all a little secret. i havent filed in over 30 years . In fact I dont ever remember filing other than in the Marines were all you had to do was sign the damn thing.

I didn't watch it because it is over an hour.

[PanzerJaeger]

I saw the thread title and got a little excited...

Good to see ya here G.

[Gawain of Orkeny]

I'm not sure how the IRS hasn't caught you in 30 years.

Want to make 10,000 dollars. Show me the law. The job of the IRS is to collect the most revenue it an voluntarily. They try to make you think your liable. Did you know that not one penny of your tax money goes to pay for government services. That every penny goes to the FED to pay off the interest the government owes it?

Who is not required to file quarterly estimated income taxes?

Title 26 USC, SEC. 6654. FAILURE BY INDIVIDUALS TO PAY ESTIMATED INCOME TAX.

States:

(e) Exceptions. -

1.Where tax is small amount. -- No addition to tax shall be imposed under subsection (a) for any taxable year if the tax shown on the return for such taxable year (or, if no return is filed, the tax), reduced by the credit allowable under section 31, is less than $500.

2.Where no tax liability for preceding taxable year.--No addition to tax shall be imposed under subsection (a) for any taxable year if --

A. The preceding taxable year was a taxable year of 12 months.

B. The individual did not have any liability for tax for the preceding taxable year, and

C. The individual was a citizen or resident of the United States throughout the preceding taxable year . (emphasis added)

If your are a citizen you are exempt if you work within the borders of the US. Says so right there.

On who can the IRS enforce its criminal statutes?

*Internal Revenue Manual Chapter 1100 Organization and Staffing, section 1132.75 states:

"The Criminal Investigation Division enforces the criminal statutes applicable to income, estate, gift, employment, and excise tax laws involving United States citizens residing in foreign countries and nonresident aliens subject to Federal income tax filing requirements..."

So their only supposed to investigate United States citizens residing in foreign countries and nonresident aliens subject to Federal income tax filing requirements. No mention of US citizens residing and working in the US

Are you beginning to see a pattern here?! Continue. It gets even more interesting.

Are you required by law to fill out a W-4 with an employer?

*26 C.F.R. 3402(p)-1(b)

(b) ... an employee who desires to enter into an agreement under section 3402

(p) ... shall furnish his employer with Form W-4.

The furnishing of such Form W-4 shall constitute a request for withholding...

Furthermore, *26 C.F.R. 31.3402(p)-1(b)(2) states:

"...An agreement under Section 3402(p) shall be effective for such period as the employer and the employee mutually agree upon. However, either the employer or the employee may TERMINATE the agreement prior to the end of such period by furnishing a signed written notice to the other...."

Did you realize that you were REQUESTING that tax be withheld from your paycheck ? If you don't make that REQUEST, what LEGAL authority is there to withhold tax (any money) from your pay? Do you think this might be an important thing to be told to employee's? Why weren't you told? Why don't the "tax pros" tell you?

Who is exempt from withholding of taxes?

IRS Publication 515. Instruction Manuel to withholding agent on withholding of taxes states:

" Evidence of residence.

If an individual gives you a written statement stating that he or she is a citizen or resident of the United States and you do not know otherwise, you do not have to withhold tax under the rules discussed in the publication."

This publication is based on 26 CFR, section 1.1441-5 (you will have to enter the numbers "26 * 1 * 1441-5" in the search fields to find this section) Under "Claiming to be a person not subject to withholding." Which states:

" (a) Individuals. For the purpose of chapter 3 of the Code, an individual's written statement that he or she is a citizen or resident of the United States my be relied upon by the payer of the income as proof that such individual is a citizen or resident of the United States. This statement shall be furnished to the withholding agent in duplicate. An alien may claim residence in the United States by filing form 1078 with the withholding agent in duplicate in lieu of the above statement.

(b) Partnerships and Corporations. ...

(c) Disposition of Statement and Form. The duplicate copy of each statement and form filed pursuant to this section shall be forwarded with a letter of transmittal to the Internal Revenue Service Center, Philadelphia, PA. 19255. The original statement shall be retained by the withholding agent."

This code section clearly states a US Citizen may claim that they are not subject to withholding (of income tax) IF they GIVE their EMPLOYER A STATEMENT OF CITIZENSHIP (in duplicate), INSTEAD OF PROVIDING A W-4 with a Social Security number on it. Did your employer ever show you this? Chances are they have never even heard of it! Why not?!

On who can a levy legally be served?

Title 26, USC section 6331(a). Levy and Distraint states:

" ...Levy may be made on the accrued salary or wages of any officer, employee, or elected official of the United States, the District of Columbia, or any agency of Or instrumentality of the United States or the District of Columbia."

Did you see US Citizen in that section anywhere?

By the way, on the "notice of levy" form 668-W(c) which goes out to the banks and employers etc from the IRS in order to levy wages and the like, the code section sited on the back of this form is the correct section 6331 dealing with "levy and distraint". However the section sited starts with paragraph(b) and following. The above paragraph (a) which address who a levy can be served on is left out entirely. I wonder why?

Are you required to use a Social Security number for identification?

Title 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

States:

§ 408. Penalties

(a) In general.

Whoever -

(1) ...

(8) DISCLOSES, USES, or COMPELS THE DISCLOSURE of the social security number of ANY PERSON in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under Title 18 or imprisoned for not more than five years, or both.

THERE ARE NO LAWS THAT ALLOW FOR THE USE OF YOUR SOCIAL SECURITY NUMBER ANYWHERE IN THE PRIVATE SECTOR WITHOUT YOUR VOLUNTARY PERMISSION TO DO SO !

Who is required to have a TIN (taxpayer identification number)?

*26 C.F.R.(Code of Federal Regulations) §301.6109-1(d)(3) IRS individual taxpayer identification number-

*26 C.F.R.(Code of Federal Regulations)§301.6109-1(d)(3)(i) Definition. The term IRS individual taxpayer identification number means a taxpayer identifying number issued to an alien individual by the Internal Revenue Service, upon application, for use in connection with filing requirements under this title. The term IRS individual taxpayer identification number does not refer to a social security number or an account number for use in employment for wages. For purposes of this section, the term alien individual means an individual who is not a citizen or national of the United States.

*The IR manual and some sections of the CFR are not available on the CFR search and therefore no link is available

The law is consistent! In short it applies to citizens ABROAD and foreigners at home. And it repeatedly says the income tax and related laws do NOT apply to U.S. Citizens living and working in the 50 states of the union!

Is this what you have always been told? If not, why not?

BUT

Once you start reading the law ( what a noval idea ) and realize the income tax does not apply to citizens living and working in the fifty states you will immediately begin to wonder how the IRS can get away with doing what they do to those people upon which the law appears not to apply?

Here's how the law works.

The only statutory liability that exists for income tax is the liability of the withholding agent and the employer for withheld taxes. The "Withholding agent" is the only "person" required under the law to withhold and pay income tax (on the earnings of foreigners). The employer withholds employment taxes.

No liability for tax is actually due to the US Treasury until the ACTUAL extent of that liability has been ASSESSED. Once a legal assessment has been executed THEN THE LIABILITY EXISTS, and the tax is due, and collection and enforcement actions may begin to secure and enforce payment.

WHEN YOU FILE A FORM 1040 YOU PERFORM A VOLUNTARY SELF ASSESSMENT THAT CREATES AND ESTABLISHES THE LIABILITY THAT PROVIDES THE NECESSARY JURISDICTION FOR THE IRS TO ENFORCE THE ASSESSMENT !

Even if you misapply the law in your self-assessment, the figures you calculate in your assessment are binding in a court of law (dumb but true). If you refuse to VOLUNTARILY assess yourself, THERE IS NO AUTHORITY IN THE LAW TO ASSESS INCOME TAXES except those "shown on returns" (see Sec. 6201. Assessment Authority), and there is no legal authority properly delegated to either prepare or execute a Form 1040 for a citizen without that citizen's explicit "consent."

THE IRS IGNORES THE LAW AND ATTEMPTS TO STEAL YOUR MONEY ANYWAY !

Its time to wake up people and throw off the shackles.

[CrossLOPER]

Its time to wake up people and throw off the shackles.

Enjoy your filthy, uneducated, backwater, tax-free country.

[ICantSpellDawg]

are you serious? what the heck?

[Gawain of Orkeny]

Heres the trailer to the movie. At least watch that. This may be the most important film ever made.

[Banquo's Ghost]

Enjoy your filthy, uneducated, backwater, tax-free country.

I think you are being unfair. Just think of the advantages - the ability to prosecute wars will be forever removed.

I'm impressed by Gawain's commitment to the anti-war movement - by withholding his taxes, he strikes at the very heart of the military-industrial complex and denies equipment and materiel to the soldiers fighting in the field.

Awesome.

[Louis VI the Fat]

Who is not required to file quarterly estimated income taxes?

Title 26 USC, SEC. 6654. FAILURE BY INDIVIDUALS TO PAY ESTIMATED INCOME TAX.

States:

(e) Exceptions. -

1.Where tax is small amount. -- No addition to tax shall be imposed under subsection (a) for any taxable year if the tax shown on the return for such taxable year (or, if no return is filed, the tax), reduced by the credit allowable under section 31, is less than $500.

2.Where no tax liability for preceding taxable year.--No addition to tax shall be imposed under subsection (a) for any taxable year if --

A. The preceding taxable year was a taxable year of 12 months.

B. The individual did not have any liability for tax for the preceding taxable year, and

C. The individual was a citizen or resident of the United States throughout the preceding taxable year . (emphasis added)

If your are a citizen you are exempt if you work within the borders of the US. Says so right there.

But...but Gawain, it already says under 2A that you are exempt from paying taxes if 'The preceding taxable year was a taxable year of 12 months' !!!

Now I would argue that quite a lot of years consist of twelve months, and that therefore Americans are exempt from paying taxes in those years!!1!!1!!!

Unless, of course, on the odd chance that we somehow failed to understand the meaning of the above quotes...

[macsen rufus]

(e) Exceptions. -

1.Where tax is small amount. -- No addition to tax shall be imposed under subsection (a) for any taxable year if the tax shown on the return for such taxable year (or, if no return is filed, the tax), reduced by the credit allowable under section 31, is less than $500.

2.Where no tax liability for preceding taxable year.--No addition to tax shall be imposed under subsection (a) for any taxable year if --

A. The preceding taxable year was a taxable year of 12 months.

B. The individual did not have any liability for tax for the preceding taxable year, and

C. The individual was a citizen or resident of the United States throughout the preceding taxable year . (emphasis added)

There, fixed it...

[Gawain of Orkeny]

Aaron Russo talks with IRS Commissioner

From the movie. This is the guy who wrote the code he is talking to.

Protesters Win a Case Over I.R.S.

The federal government's campaign against income tax protesters suffered a major setback yesterday when a federal jury in Sacramento acquitted a former Internal Revenue Service investigator on charges of helping to prepare false tax returns.

The former investigator, Joseph R. Banister, 42, of San Jose, Calif., has become a hero to the tax protest movement, even though two of his clients are serving long prison sentences after following his advice.

Mr. Banister was acquitted on charges of conspiracy and helping to prepare three false tax returns for a small California manufacturer.

"Everything I have done in my entire career at the I.R.S. and after, I've done with integrity and honesty," Mr. Banister said after the verdict. "My clients wanted some answers to questions about what was required."

He added: "As a C.P.A., my duties are to my clients, to make sure they get the best results."

Mr. Banister resigned from the I.R.S. criminal investigation division in 1999 after he wrote a lengthy report asserting that no law requires the payment of taxes and that Americans were being tricked into paying them. The theories he has put forth have been uniformly rejected by the courts.

The I.R.S. declined to comment on the verdict. The prosecutor, Robert Twiss, said the verdict showed only that the jury did not believe the government had proved its case beyond a reasonable doubt.

The only way they enforce this is through the intimidation of the courts as there is no law they cant site.

[Tribesman]

If your are a citizen you are exempt if you work within the borders of the US. Says so right there.

What lunatic blog have you been reading now Gawain ?

It says you are exempt from the set additional tax penalties if you were living in the US in the 12 months and didn't owe any taxes for those 12 months and that was your reason for not paying tax for those 12 months.
Sooooo .... if you didn't have a taxable income and that is the reason why you didn't make a return on your taxable income additional penalties for not paying money that you didn't owe cannot be imposed because you didn't owe any money .

[Marshal Murat]

So what is the 16th amendment about?

[Ice]

What lunatic blog have you been reading now Gawain ?

It says you are exempt from the set additional tax penalties if you were living in the US in the 12 months and didn't owe any taxes for those 12 months and that was your reason for not paying tax for those 12 months.
Sooooo .... if you didn't have a taxable income and that is the reason why you didn't make a return on your taxable income additional penalties for not paying money that you didn't owe cannot be imposed because you didn't owe any money .

That makes to much sense Tribesman.

Alright everyone, nobody file taxes. Let's see who is audited and has appear in court for income tax evasion.

[Gawain of Orkeny]

You havent shown me where I was liable the previous year and you cant. Someone watch the damn movie. If you follow any of this back it always leads to only three classes of people being liable. Foreigners working in the US, US citizens working abroad and Foreign companies doing bussiness within the US. Im not saying just that one clause exempts you because your a US citizen.

Theft By Deception - Deciphering The Federal Income Tax

Let's see that one hold up in court.

No Law for U.S. Income Tax (1/2)

No Law for U.S. Income Tax (2/2)

So what is the 16th amendment about?

It made the income tax an indirect tax so as to be constitutional.

[Tribesman]

If you follow any of this back it always leads to only three classes of people being liable. Foreigners working in the US, US citizens working abroad and Foreign companies doing bussiness within the US. Im not saying just that one clause exempts you because your a US citizen.

Bollox Gawain , its exactly what you are saying , taking one clause relating to one issue and attempting to marry it to all issues when it is irrelevant to those issues .
another example would be...

Did you realize that you were REQUESTING that tax be withheld from your paycheck ? If you don't make that REQUEST, what LEGAL authority is there to withhold tax (any money) from your pay? Do you think this might be an important thing to be told to employee's? Why weren't you told? Why don't the "tax pros" tell you?

That relates to opting to have your employer responsible for deducting your tax liability at source rather than you settling your liabilty on income yourself , if you don't make that request the the responsibilty transfers to yourself (generally its a good move to opt to do it yourself if you have a decent accountant as your employer will only go through the basics as its your money not his so you end up paying more than you should ) .
Now the "tax-pros" will tell you that because they want to make money out of you by doing your tax returns instead of your employer or yourself doing them . So what you mean is why don't the "tax officials" tell you that ...they will tell you if you ask them , but if you don't ask you won't know .

BTW how did you manage to watch that film , the commentator is on mogodon or something isn't he

[Gawain of Orkeny]

Bollox Gawain , its exactly what you are saying , taking one clause relating to one issue and attempting to marry it to all issues when it is irrelevant to those issues .
another example would be..

Watch that last video it walks you through it step by step.

That relates to opting to have your employer responsible for deducting your tax liability at source rather than you

That would make him a witholding agent. He is not resonsible to be one but they make employers think they are. You just dont seem to grasp all this legal hocus pocus they use.

If you can find the law there is lots of money in it for you. One site has had a 10000 dollar reward for 25 years now to anyone who can do so.

[Tribesman]

That would make him a witholding agent. He is not resonsible to be one but they make employers think they are. You just dont seem to grasp all this legal hocus pocus they use.

He is responsible once he accepts that position as an employer if requested , if he does not accept that position then the employee is liable .

[Gawain of Orkeny]

He is responsible once he accepts that position as an employer if requested

No he must first ask the IRS to be a wiithholding agent

if he does not accept that position then the employee is liable .

He would be if you could find a law that says so. Again its worth at least 10000 dollars to you.

[woad&fangs]

Only watched 3 minutes of the video in the OP but that was enough. If the 16th amendment was indeed not properly ratified and no action was ever taken to fix this than it does not exist and the government has no right tax our income.

[TevashSzat]

While all of your arguments are all very nice, why can't you then openly declare yourself as someone who isn't paying taxes to the IRS and see if they will do anything about it? Judging from your certainty, its almost impossible for you to lose in a court battle should the IRS do something

[Gawain of Orkeny]

While all of your arguments are all very nice, why can't you then openly declare yourself as someone who isn't paying taxes to the IRS and see if they will do anything about it

Are you kidding. I want nothing from the government. I dont even want them to know I exist. I have never had a bank account or a credit card. Im way off the radar screen and I intend to keep it that way. I dont even apply for veterans benefits Im entitled to.

[TevashSzat]

But doesn't that imply that you are indeed afraid of the government finding out? If the IRS was never legal, then you can easily go to court against the IRS and win, so you should have nothing to fear at all right?

[Gawain of Orkeny]

But doesn't that imply that you are indeed afraid of the government finding out?

No it means like an ex wife I have no use for them and would rather they treated me likewise until the constitution is restored.

hen you can easily go to court against the IRS and win, so you should have nothing to fear at all right?

Except the tyranny of the courts.

[TevashSzat]

But how will the constitution be restored unless you try to show everyone paying taxes that they actually don't need to?