Saturday, June 1, 2013

“The IRS appears to be a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity…



This is a message I sent to a Navy squadron mate who is now a CPA/tax accountant after we got into a discussion of the income tax during a brief visit at Christmas time.

I had hoped that Chuck would respond and show me the error of my assertions if I were wrong about the conclusions I had reached regarding the income tax. Unfortunately, I received no response.



 
Sent: Saturday, December 29, 2012 5:12 PM
To: XXXX
Subject: What you don’t know about the IRS and the federal income tax will shock you



This is to follow up on our abbreviated discussion regarding the fraudulent status of the federal income tax. It is not a simple matter to unravel, but you cannot fairly examine this information without concluding that the income tax is a major hoax perpetrated against the American people. A progressive income tax was also one of the key items on the Communist Party agenda for its plan to destroy the American constitutional republic.

There are many other well-researched sources to confirm everything contained in the document excerpted below, created by Paul Mitchell.  I challenge you to prove that anything included here is incorrect. Can you point me to the law that requires payment of an income tax or filing of an income tax return? You will find that every purported “rule” in the IRS publications is an obfuscation designed to mislead you into believing that you have an income tax liability when, in fact, no such liability exists.

The Founders provided for adequate revenues to support the limited federal government authorized by the Constitution. In fact, the federal government was running surpluses right up until the adoption of the income tax. The bankers wanted the income tax and the Federal Reserve System for their own purposes, not to provide needed revenue for government services.  (Please read “The Creature from Jekyll Island” by G. Edward Griffin for more on this insidious conspiracy.)

The problem is that the left began its assault on the Constitution over one hundred years ago, gradually but relentlessly building a federal government leviathan that is now unmanageable and unsustainable, and one that pursues increased control over the daily lives of our citizens without restraint. Where this all leads is frightening to contemplate, and we are clearly running out of time to avoid a worst-case scenario.

You pointed out that I am one of the beneficiaries of this system by virtue of my Social Security benefits. Well, I will not be held hostage by this Communist scheme. I will gladly sacrifice those benefits in return for a restoration of the United States Constitution.




What you don’t know about the IRS and the federal income tax will shock you
“The IRS appears to be a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity… There are no statutes that create a specific liability for federal income taxes… the Internal Revenue Code has never been enacted into positive law, and the code is so deliberately vague as to render it  unconstitutional under the Sixth Amendment…and the purported Sixteenth Amendment is demonstrably fraudulent.”
Excerpted from:   “31 Questions and Answers about the Internal Revenue Service” by Paul A. Mitchell

The IRS is not an organization within the United States Department of the Treasury

In the case of Chrysler Corp. v. Brown, 441 U.S. 281 (1979), the U.S. Supreme Court admitted that no organic Act for the IRS could be found, after they searched for such an Act all the way back to the Civil War, which ended in the year 1865 A.D…

The IRS appears to be a collection agency working for foreign banks and operating out of Puerto Rico under color of the Federal Alcohol Administration (“FAA”).  But the FAA was promptly declared unconstitutional inside the 50 States by the U.S. Supreme Court in the case of U.S. v. Constantine, 296 U.S. 287 (1935), because Prohibition had already been repealed…

When all the evidence is examined objectively, IRS appears to be a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1951 and 1961 et seq. (“RICO”)…Administrative Procedures Act.  The governments of all federal Territories are expressly excluded from Act of Congress, nor any Executive Order, giving IRS lawful jurisdiction to operate within any of the 50 States of the Union…

Deceptive nomenclature (showing “Department of the Treasury” on outgoing IRS mail) is intended to convey the false impression that IRS is a lawful bureau or department within the U.S. Department of the Treasury

The IRS is not an “agency” as that term is legally defined in the Freedom of Information Act or in the Administrative Procedures Act.  The governments of all federal Territories are expressly excluded from the definition of federal “agency” by Act of Congress.  See 5 U.S.C. 551(1)(C). Since IRS is domiciled in Puerto Rico (RICO?), it is thereby excluded from the definition of federal agencies which can be represented by the DOJ…

Neither (the Fourteenth nor the Sixteenth Amendment) was properly ratified.  In the case of People v. Boxer (December 1992), docket number #S-030016, U.S. Senator Barbara Boxer fell totally silent in the face of an Application to the California Supreme Court by the People of California, for an ORDER compelling Senator Boxer to witness the material evidence against the so-called 16th amendment…

The so‑called sixteenth “amendment” allegedly authorized federal income taxation, even though it contains no provision expressly repealing two Constitutional Clauses mandating that direct taxes must be apportioned.  The Ninth Circuit Court of Appeals and the U.S. Supreme Court have both ruled that repeals by implication are not favored.

The so‑called 16th amendment has now been correctly identified as a major fraud upon the American People and the United States…

Similarly, the so-called 14th amendment was never properly ratified either.  In the case of Dyett v. Turner, 439 P.2d  266, 270 (1968), the Utah Supreme Court recited numerous historical facts proving, beyond any shadow of a doubt, that the so‑called 14th amendment was likewise a major fraud upon the American People...
Judging by the sheer amount of litigation its various sections have generated, particularly Section 1, the so‑called 14th amendment is one of the worst pieces of legislation ever written in American history…
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There are no statutes that create a specific liability for federal income taxes.
Section 1 of the Internal Revenue Code (“IRC”) contains no provisions creating a specific liability for taxes imposed by subtitle AAside from the statutes which apply only to federal government employees, pursuant to the Public Salary Tax Act, the only other statutes that create a specific liability for federal income taxes are those itemized in the definition of “Withholding agent” at IRC section 7701(a)(16).  For example, see IRC section 1461.  A separate liability statute for “employment” taxes imposed by subtitle C is found at IRC section 3403.
After a worker authorizes a payroll officer to withhold taxes, typically by completing Form W‑4, the payroll officer then becomes a withholding agent who is legally and specifically liable for payment of all taxes withheld from that worker’s paycheck.  Until such time as those taxes are paid in full into the Treasury of the United States, the withholding agent is the only party who is legally liable for those taxes, not the worker.  See IRC section 7809 (“Treasury of the United States”).
If the worker opts instead to complete a Withholding Exemption Certificate, consistent with IRC section 3402(n), the payroll officer is not thereby authorized to withhold any federal income taxes.  In this latter situation, there is absolutely no liability for the worker or for the payroll officer;  in other words, there is no liability PERIOD, specifically because there is no withholding agent.

Federal regulations do not and can not create an income tax liability for any class of people.
The regulations at 26 CFR 1.1-1 attempted to create a specific liability for all “citizens of the United States” and all “residents of the United States”.  However, those regulations correspond to IRC section 1, which does not create a specific liability for taxes imposed by subtitle ATherefore, these regulations are an overly broad extension of the underlying statutory authority; as such, they are unconstitutional, null and void ab initio (from the beginning).  The Acker case cited above held that federal regulations cannot exceed the underlying statutory authority.

Conflicting provisions of the Constitution and the 1866 Civil Rights Act, together with the non-ratification of the Fourteenth Amendment, have resulted in the existence of two classes of citizens within the United States.  
There are two (2) classes of citizens:  State Citizens and federal citizens.  The first class originates in the Qualifications Clauses in the U.S. Constitution, where the term “Citizen of the United States” is used.  (See 1:2:2, 1:3:3 and 2:1:5.)  Notice the UPPER CASE “C” in “Citizen”.
The pertinent court cases have defined the term “United States” in these Clauses to mean “States United”, and the full term means “Citizen of ONE OF the States United”.  See People v. De La Guerra, 40 Cal. 311, 337 (1870);  Judge Pablo De La Guerra signed the California Constitution of 1849, when California first joined the Union. 
Similar terms are found in the Diversity Clause at Article III, Section 2, Clause 1, and in the Privileges and Immunities Clause at Article IV, Section 2, Clause 1
Prior to the Civil War, there was only one (1) class of Citizens under American Law.  See the holding in Pannill v. Roanoke, 252 F. 910, 914‑915 (1918), for definitive authority on this key point.
The second class originates in the 1866 Civil Rights Act, where the term “citizen of the United States” is used.  This Act was later codified at 42 U.S.C. 1983.  Notice the lower-case “c” in “citizen”.  The pertinent court cases have held that Congress thereby created a municipal franchise primarily for members of the Negro race, who were freed by President Lincoln’s Emancipation Proclamation (a war measure), and later by the Thirteenth Amendment banning slavery and involuntary servitude.  Compelling payment of a “tax” for which there is no liability statute is tantamount to involuntary servitude, and extortion.
Instead of using the unique term “federal citizen”, as found in Black’s Law Dictionary, Sixth Edition, it is now clear that the Radical Republicans who sponsored the 1866 Civil Rights Act were attempting to confuse these two classes of citizens.  Then, they attempted to elevate this second class to constitutional status, by proposing a 14th amendment to the U.S. Constitution.  As we now know, that proposal was never ratified.
Numerous court cases have struggled to clarify the important differences between the two classes.  One of the most definitive, and dispositive cases, is Pannill v. Roanoke, 252 F. 910, 914‑915 (1918), which clearly held that federal citizens had no standing to sue under the Diversity Clause, because they were not even contemplated when Article III in the U.S. Constitution was first being drafted, circa 1787 A.D.
 Another is Ex parte Knowles, 5 Cal. 300 (1855) in which the California Supreme Court ruled that there was no such thing as a “citizen of the United States” (as of the year 1855 A.D.).  Only federal citizens have standing to invoke 42 U.S.C. 1983;  whereas State Citizens do not.  See Wadleigh v. Newhall, 136 F. 941 (C.C. Cal. 1905).
Many more cases can be cited to confirm the existence of two classes of citizens under American Law.  These cases are thoroughly documented in the book entitled “The Federal Zone: Cracking the Code of Internal Revenue” by Paul Andrew Mitchell, B.A., M.S., now in its eleventh edition.  See also the pleadings in the case of USA v. Gilbertson, also in the Supreme Law Library.

The U.S. Supreme Court ruled in the Brushaber case that the income tax which is the subject of the purported Sixteenth Amendment is an indirect tax (“excise”) subject to the restriction of Article I Section 8 of the United States Constitution that such tax ”shall be uniform throughout the United States” as a result of a voluntary act resulting in the application of the tax. Thus the enforcement by the IRS of the income tax as an unapportioned direct tax is unquestionably unconstitutional.
Frank Brushaber was the Plaintiff in the case of Brushaber v. Union Pacific Railroad Company, 240 U.S. 1 (1916), the first U.S. Supreme Court case to consider the so‑called 16th amendment.  Brushaber identified himself as a Citizen of New York State and a resident of the Borough of Brooklyn, in the city of New York, and nobody challenged that claim. The Union Pacific Railroad Company was a federal corporation created by Act of Congress to build a railroad through Utah (from the Union to the Pacific), at a time when Utah was a federal Territory, i.e. inside the federal zone.
Brushaber’s attorney committed an error by arguing that the company had been chartered by the State of Utah, but Utah was not a State of the Union when Congress first created that corporation. Brushaber had purchased stock issued by the company.  He then sued the company to recover taxes that Congress had imposed upon the dividends paid to its stockholders
The U.S. Supreme Court ruled against Frank Brushaber, and upheld the tax as a lawful excise, or indirect tax.
The most interesting result of the Court’s ruling was a Treasury Decision (“T.D.”) that the U.S. Department of the Treasury later issued as a direct consequence of the high Court’s opinion.  In T.D. 2313, the U.S. Treasury Department expressly cited the Brushaber decision, and it identified Frank Brushaber as a “nonresident alien” and the Union Pacific Railroad Company as a “domestic corporation”.  This Treasury Decision has never been modified or repealed.
T.D. 2313 is crucial evidence proving that the income tax provisions of the IRC are municipal law, with no territorial jurisdiction inside the 50 States of the Union.  The U.S. Secretary of the Treasury who approved T.D. 2313 had no authority to extend the holding in the Brushaber case to anyone or anything not a proper Party to that court action.
Thus, there is no escaping the conclusion that Frank Brushaber was the nonresident alien to which that Treasury Decision refers.  Accordingly, all State Citizens are nonresident aliens with respect to the municipal jurisdiction of Congress, i.e. the federal zone.

The term “income” is not defined in the Internal Revenue Code, but the U.S. Supreme Court has defined income as “profit or gain derived from corporate activities”.

The Eighth Circuit Court of Appeals has ruled that the term “income” is not defined anywhere in the IRC:  “The general term ‘income’ is not defined in the Internal Revenue Code.”  U.S. v. Ballard, 535 F.2d 400, 404 (8th Circuit, 1976).
Moreover, in Mark Eisner v. Myrtle H. Macomber, 252 U.S. 189 (1920), the High Court told Congress it could not legislate any definition of “income” because that term was believed to be in the U.S. Constitution.  The Eisner case was predicated on the ratification of the 16th amendment, which would have introduced the term “income” into the U.S. Constitution for the very first time (but only if that amendment had been properly ratified).
In Merchant's Loan & Trust Co. v. Smietanka, 255 U.S. 509 (1921), the high Court defined “income” to mean the profit or gain derived from corporate activities.  In that instance, the tax is a lawful excise tax imposed upon the corporate privilege of limited liability, i.e. the liabilities of a corporation do not reach its officers, employees, directors or stockholders.


The income tax provisions of the Internal Revenue Code are “municipal law” (applicable only to the District of Columbia, Guam, Virgin Islands, American Samoa, and Puerto Rico); Title 26 of the United States Code (the location of the IRC) has never been enacted into positive law; and the code is so deliberately vague as to render it  unconstitutional under the Sixth Amendment of the Bill of Rights.

The IRC’s income tax provisions are municipal law.  Municipal law is law that is enacted to govern the internal affairs of a sovereign State;  in legal circles, it is also known as Private International Law.  Under American Law, it has a much wider meaning than the ordinances enacted by the governing body of a municipality, i.e. city council or county board of supervisors.  In fact, American legal encyclopedias define “municipal” to mean “internal”, and for this reason alone, the Internal Revenue Code is really a Municipal Revenue Code.
A mountain of additional evidence has now been assembled and published in the book “The Federal Zone” to prove that the IRC’s income tax provisions are municipal law. One of the most famous pieces of evidence is a letter from a Connecticut Congresswoman, summarizing the advice of legal experts employed by the Congressional Research Service and the Legislative Counsel.  Their advice confirmed that the meaning of “State” at IRC section 3121(e) is restricted to the named territories and possessions of D.C., Guam, Virgin Islands, American Samoa, and Puerto Rico.
 In other words, the term “State” in that statute, and in all similar federal statutes, includes ONLY the places expressly named, and no more.
The general rule is that federal government powers must be expressed and enumerated.  For example, the U.S. Constitution is a grant of enumerated powers.  If a power is not enumerated in the U.S. Constitution, then Congress does not have any authority to exercise that power.  This rule is tersely expressed in the Ninth Amendment, in the Bill of Rights. If California is not mentioned in any of the federal income tax statutes, then those statutes have no force or effect within that State.  This is also true of all 50 States.
Strictly speaking, the omission or exclusion of anyone or anything from a federal statute can be used to infer that the omission or exclusion was intentional by Congress.  In Latin, this is tersely stated as follows:  Inclusio unius est exclusio alterius.  In English, this phrase is literally translated:  Inclusion of one thing is the exclusion of all other things [that are not mentioned].  This phrase can be found in any edition of Black’s Law Dictionary;  it is a maxim of statutory construction.
The many different definitions of the term “State” that are found in federal laws are intentionally written to appear as if they include the 50 States PLUS the other places mentioned.  As the legal experts in Congress have now confirmed, this is NOT the correct way to interpret, or to construct, these statutes. If a place is not mentioned, every American may correctly infer that the omission of that place from a federal statute was an intentional act of Congress.  Whenever it wants to do so, Congress knows how to define the term “United States” to mean the 50 States of the Union.  See IRC section 4612(a)(4)(A).

Federal income tax revenues are NOT used to pay for any government services.
The money trail is very difficult to follow, in this instance, because the IRS is technically a trust with a domicile in Puerto Rico.  See 31 U.S.C. 1321(a)(62). 
As such, their records are protected by laws which guarantee the privacy of trust records within that territorial jurisdiction, provided that the trust is not also violating the Sherman Antitrust Act. They are technically not an “agency” of the federal government, as that term is defined in the Freedom of Information Act and in the Administrative Procedures Act.  The governments of the federal territories are expressly excluded from the definition of “agency” in those Acts of Congress.  See 5 U.S.C. 551(1)(C).
All evidence indicates that they are a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1951 and 1961 et seq.
They appear to be laundering huge sums of money into foreign banks, mostly in Europe, and quite possibly into the Vatican.  See the national policy on money laundering at 31 U.S.C. 5341.
The final report of the Grace Commission, convened under President Ronald Reagan, quietly admitted that none of the funds they collect from federal income taxes goes to pay for any federal government services.  The Grace Commission found that those funds were being used to pay for interest on the federal debt, and income transfer payments to beneficiaries of entitlement programs like federal pension plans.
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HOW SOME STATES DID NOT LEGALLY
RATIFY THE 16TH AMENDMENT
Bill Benson's findings, published in "The Law That Never Was," make a convincing case that the 16th amendment was not legally ratified and that Secretary of State Philander Knox was not merely in error, but committed fraud when he declared it ratified in February 1913.
What follows is a summary of some of the major findings for many of the states, showing that their ratifications were not legal and should not have been counted.
The 16th amendment had been sent out in 1909 to the state governors for ratification by the state legislatures after having been passed by Congress. There were 48 states at that time, and three-fourths, or 36, of them were required to give their approval in order for it to be ratified. The process took almost the whole term of the Taft administration, from 1909 to 1913.
Knox had received responses from 42 states when he declared the 16th amendment ratified on February 25, 1913, just a few days before leaving office to make way for the administration of Woodrow Wilson. Knox acknowledged that four of those states (Utah, Conn, R.I. and N.H.) had rejected it, and he counted 38 states as having approved it.
We will now examine some of the key evidence Bill Benson found regarding the approval of the amendment in many of those states.
In Kentucky, the legislature acted on the amendment without even having received it from the governor (the governor of each state was to transmit the proposed amendment to the state legislature). The version of the amendment that the Kentucky legislature made up and acted upon omitted the words "on income" from the text, so they weren't even voting on an income tax! When they straightened that out (with the help of the governor), the Kentucky senate rejected the amendment. Yet Philander Knox counted Kentucky as approving it!
In Oklahoma, the legislature changed the wording of the amendment so that its meaning was virtually the opposite of what was intended by Congress, and this was the version they sent back to Knox. Yet Knox counted Oklahoma as approving it, despite a memo from his chief legal counsel, Reuben Clark, that states were not allowed to change it in any way.
Attorneys who have studied the subject have agreed that Kentucky and Oklahoma should not have been counted as approvals by Philander Knox, and, moreover, if any state could be shown to have violated its own state constitution or laws in its approval process, then that state's approval would have to be thrown out. That gets us past the "presumptive conclusion" argument, which says that the actions of an executive official cannot be judged by a court, and admits that Knox could be wrong.
If we subtract Kentucky and Oklahoma from the 38 approvals above, the count of valid approvals falls to 36, the exact number needed for ratification. If any more states can be shown to have had invalid approvals, the 16th amendment must be regarded as null and void.
The state constitution of Tennessee prohibited the state legislature from acting on any proposed amendment to the U.S. Constitution sent by Congress until after the next election of state legislators. The intent, of course, is to give the proposed amendment a chance to become an issue in the state legislative elections so that the people can have a voice in determining the outcome. It also provides a cooling off period to reduce the tendency to approve an idea just because it happens to be the moment's trend. You've probably already guessed that the Tennessee legislature did not hold off on voting for the amendment until after the next election, and you'd be right - they didn't; hence, they acted upon it illegally before they were authorized to do so. They also violated their own state constitution by failing to read the resolution on three different days as prescribed by Article II, Section 18. These state constitutional violations make their approval of the amendment null and void. Their (Tennessee’s) approval is and was invalid, and it brings the number of approving states down to 35, one less than required for ratification.
Texas and Louisiana violated provisions in their state constitutions prohibiting the legislatures from empowering the federal government with any additional taxing authority. Now the number is down to 33.



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