Tax Freedom Movement

Discussion in 'Politics & Law' started by pro2A, Oct 23, 2007.

  1. pro2A

    pro2A Hell, It's about time!

    Many of Americans have been led to believe we are required to pay a Federal tax on our income... You have been mistaken.:no: I'm not asking you to just take my word for it or to refuse the idea in your head... This has nothing to do with party lines. Both parties are equally guilty of this. I just want you to be aware of this and do your own research... I was sceptical at first and then decided to look into it myself...

    1. There is no law requiring a person to pay a direct unapportioned income tax.
    2. The 16th Amendment has been struck down by the Supreme court many times as unconstitutional.
    3. People pay the income tax by fear of liens, repos, account levies and wage garnishing... all without warrants or probable cause and by use of force. The use of force to make someone do something is oppressive and totalitarianistic.
    4. Two states never ratified the 16th Amendment. Virginia and Pennsylvania... therefore it is not valid. Connecticut, Florida, Rhode Island and Utah outright rejected it.
    5. The common myth that income tax pays for infrastructure is not true. Tax on profit, corporations, and trade (teriffs) pay for things like the military. Everything else are covered by the states. Things like schools, roads and such are paid for by property tax and gas tax.
    6. In the consitution it says:
    Article 1, Section 2, 8 & 9
    "Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons."

    "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States."

    "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken."

    The goverenment has abused its power considerably... and I firmly believe that the income tax is 100% unconstitutional because it violates sections 2, 8 and 9 of the first article of the constitution.

    I urge everyone to take an hour and a half to watch this:
    America: Freedom to Fascism

  2. You're right - but most people are doing this wrong. There is a lot of information out there - and much of it is misleading. Granted, the Tax Honesty movement has had such a difficult time getting to the truth of the matter because the government has deceptively and fraudulently hidden the truth away in such a complicated manner, but no one should promote challenging the Income Tax from a Constitutional standpoint.

    If you want to find the truth on this matter, research the IRS's Individual Master Files:

    From the Handbook for Special Agents, page 9781-51, 334.112
    The Individual Master File Section:

    "(1) The Individual Master File is a magnetic tape record of all individual income tax filers in Social Security Number sequence, and is maintained at the National Computer Center.

    The Individual Master File is designed to accumulate in each taxpayer's account all data pertaining to the income taxes for which the taxpayer is liable. (Gets tricky when you start chasing down the definitions for exactly who is a "taxpayer" and who is "liable" for what)

    The taxpayer information stored in the master computer for each IMF may be understood only by a careful and tedious process of decoding by references to the explanations contained in the IRS 6209 Manual, IMF Operations Manual, Law Enforcement Manual, and several other manuals published by the Service for the instruction and guidance of its personnel."

    This creates a prime facie case against you in court, because the IRS takes these Individual Master Files in against you.

    Prime facie cases must be REBUTTED.

    The IMF files are a "Rebuttable Presumption" in the law of evidence.

    If you do not rebut them, they are said to have "Presumptive Correctness" in any court action against you.

    Why is this important? Because the courts have already ruled on the matter:

    "Government prevails in challenge to individual’s appeals hearing in which master file transcripts were considered at hearing instead of tax returns." - Stanifird v. Wilcox et al. 87 AFTR2d Par. 2001-1058 June 12, 2001.

    Decode your IMF and you will find the truth. Listen to the truth that leaks out from a former chief of the IRS's Freedom of Information Act branch:

    "The overwhelming majority of taxpayers appear to be perfectly willing to face serious adverse action without bothering to make any significant effort to learn what the agency knows about them or how they came to be in that situation. In fact, even subjects of major criminal investigation seldom bother to make such inquiries, apparently being willing to face trial and risk imprisonment without writing a simple letter which could produce information which could literally save their freedom.”

    - Marcus Farbenblum, Chief of the Freedom of Information Branch, IRS National Office, from his book, “The I.R.S. and the Freedom of Information and Privacy Act of 1974,” regarding FOIA requests

    Now if someone doesn't pay their taxes and is charged with a crime, why is this IRS chief at the FOIA office telling people they "could literally save their freedom" by writing a simple letter requesting information from a Freedom of Information Act?

    Think about it, people. The only possible explanation is that something is indeed hidden in their Individual Master File which would prove they don't owe the tax.
  3. Corona

    Corona Registered Member

    Amendment 16 - Status of Income Tax Clarified. Ratified 2/3/1913. Note History
    The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

    And the Supreme Court has NOT struck down the Amendment. If they had, we wouldn't have an income tax.
  4. pro2A

    pro2A Hell, It's about time!

    Taxes on personal income are not listed as a taxable source in article one of the consitution... The income tax is both unapportioned and a direct tax. Therefore a tax on income is unconstitutional. All other taxes are legal... i.e. tariffs, corporate, and any other avoidable tax. As stated above SCOTUS ruled that the 16th Amendment grants no new taxing power not mentioned in article one of the consitution.
  5. Technically you are correct. But, again, that's not how one would want to challenge it. But the 16th amendment did not grant any new taxing power, as the previous clauses limiting Congress's taxing power were not repealed. The Constitution cannot conflict with itself. And that's one of the keys to understanding why they had to use deception in the IRS code and Title 26 to pull this off. Understanding the fraud they used in the first income tax is essential to unraveling the puzzle:

    First Income Tax Act Revealing

    Some government documents I obtained in 1994 shows that the first income tax of 1861 had to have certain sections amended, specifically section 210 of the first Income Tax Act This was due to the fact Lincoln wanted to tax the people and those living were incensed that what they fought for in 1776 was again about to be placed on the people. So the second income tax act removed the people and only taxed government employees for the privilege of working for government from which the Treasury paid them.

    For this they needed to pay a kick back or a return of money for that privilege. Frank Kowalik stated this in his book IRS Humbug, and this is the proof to support his book. All my research has proven this to be so in my books and other writings. Rather than go into explanation, which you will draw from the following, I let you come to your own conclusions. I will put in bold what I think you need to dwell on and hopefully some myths will be dispelled.

    This takes careful reading to understand. The pages following, were the results of the clerks of the Postmaster asking why they were paying a tax when the clerks of the IRS were not. Now remember the "clerks" are today's IRS agents, revenuers, and the like. So the Postmaster drafted a letter to find out why his people were paying taxes and certain IRS people were not. In the case of Diversified Metals the Justice Department admitted on the record that IRS employees are NOT U.S. Government employees. The following proves it beyond any shadow of doubt. Now you might ask why did I not bring this out before? I have but only two people that asked. There was no need to as most people are readers and not doers. I only gave it to doers. Now I decided to let it out and see how many people are doers. By that I mean take this and use it. There is so much info here that it boggles the mind. You will learn why it is called an "internal tax", why only no others are mentioned in section 165 to have the income tax collected from and why mechanics and laborers were not taxed. You will also see that when IRS employees did not pay the tax , neither did any American not working for government.
    39th Congress---2d Session---Ex. Doc. No. 99


    Letter from the Secretary of Treasury

    A resolution of the House of the 12th of February, relative to salary tax upon clerks to postmasters, with the regulations of the department, & c.

    February 20, 1867.--Referred to the Committee of Ways and Means and ordered to be Printed

    TREASURY DEPARTMENT February 15, 1867

    Sir: The Secretary of the Treasury has the honor to acknowledge the receipt of the following resolution of the House of Representatives, viz: "February 12, 1867.

    "Resolved, That the Secretary of the Treasury be, and is hereby, requested to inform this house whether the various postmasters throughout the United States are required to account for and pay a salary tax upon the salaries of clerks employed by them where such salary is not fixed by law, but is paid out of funds furnished by the government; also, that he be requested to furnish a copy of the regulations and circulars of said department, if any such exist, requiring such payment; also, whether any such tax is collected or required to be accounted for from clerks of assessors of internal revenue, and, if any discrimination is made between said two classes of clerks in respect to said tax, why such discrimination is made.

    In obedience thereto he has the honor to submit the following report:

    Postmasters' clerks are appointed by postmasters, and take the oaths of office prescribed in the 2d section of the act of July 2,1862, and in the 2d section of March 3, 1863.

    Their salaries are not fixed in amount by law, but from time to time the Postmaster General fixes the amount allotted to each postmaster for clerk hire, under the authority conferred upon him by the ninth section of the act of June 5, 1836, and then the postmaster , as an agent for and in behalf of the United States, determines the salary to be paid to each of his clerks. These salaries are paid by the postmasters, acting as disbursing agents, from United States moneys advanced to them for this purpose, either directly from the Post Office Department in pursuance of appropriations made by law, or from the accruing revenues of their offices, under the instructions of the Post Master General.


    The receipts of such clerks constitute vouchers in the accounts of the postmaster acting as disbursing agents and in the settlements made with them by the Sixth Auditor. In all the foregoing transactions the postmaster acts not as a principal, but as an agent of the United States, and the clerks are not in his private employment, but in the public employment of the United States. Such being the facts, these clerks are subjected to and required to account for and pay the salary tax, imposed by the one hundred and twenty-third section of the internal revenue act of June 30, 1864, as amended by the ninth section of the internal revenue act of July 13, 1866, upon payments for services to persons in the civil employment or service of the United States.

    Copies of the regulations under which such salary taxes are withheld and paid into the treasury to the credit of internal revenue collection account are herewith transmitted, marked A, B, and C. Clerks to assessors of internal revenue are appointed by the assessors. Neither law nor regulations require them to take an oath of office, because, as the law at present stands, they are not in the public service of the United States, through the agency of the assessor, but are in the private personal service of the assessor, as a principal, who employs them.

    The salaries of such clerks are neither fixed in amount by law, nor are they regulated by any officer of the Treasury Department, except by the assessors by whom they are employed.

    The only control exercised by the Treasury Department over the clerk hire of assessors is to prescribe a necessary and reasonable amount which shall not be exceeded in reimbursing the assessors for this item of their expenses.

    No money is advanced by the United States for the payment of such salaries,
    nor do the assessors perform the duties of disbursing agents of the United States in paying their clerks. The entire amount allowed is paid directly to the assessor, and he is not accountable to the United States for its payment to his clerks, for the reason that he has paid them in advance, out of his own funds, and this is a reimbursement to him of such amount as the department decides to be reasonable. No salary tax is therefore collected, or required by the Treasury Department to be accounted for, or paid, on account of payments to assessors clerks, as the United States pays no such clerks nor has them in its employ or service, and they do not come within the provisions of existing laws imposing such a tax.

    Perhaps no better illustration of the difference between the status of Postmasters' clerks and that of assessors' clerks can be given than the following: A postmaster became a defaulter, without paying his clerks; his successor received from the Postmaster General a new remittance for paying them; and if, at any time, the clerks in a post office do not receive their salaries, by reason of the death, resignation or removal of a postmaster, the new appointee authorized by the regulations of the Post Office Department to pay them out of the proceeds of the office; and should there be no funds in his hands belonging to the department, a draft is issued to place money in his hands for that purpose. If an assessor had not paid his clerks, they would have no legal claim the treasury for their salaries. A discrimination is made between postmasters' clerks and assessors' clerks to the extent and for the reasons hereinbefore set forth.

    I have the honor to be, very respectfully, your obedient servant,

    H. McCULLOCH, Secretary of the treasury

    Hon. Schuyler Colfax, Speaker of the House of Representatives

    Whereas the second section of the act of Congress approved September 2, 1789, entitled "An act to establish the Treasury Department," devolves upon the Secretary of the Treasury the duty of superintending the collection of revenue, and of deciding on the forms of keeping and stating accounts and making returns; and whereas the third section of the internal revenue act of Congress, approved March 8, 1866, devolves upon the Secretary of the Treasury the duty of making and issuing instructions upon the specific subject of collecting and paying into the treasury all moneys derived from the acts of Congress providing revenue: It is therefore ordered, that hereafter all duties by the 123d section of the internal revenue act of Congress, approved June 30, 1864, or any other provision of law or regulations, upon the salary, compensation, or payment for services of each and every officer or person in the service or employment of the United States, shall be collected, returned, and paid into the treasury of the United States, in the following manner, to wit: Every paymaster or disbursing agent, however known or styled, who shall withhold such duties upon payments required to be paid by him, shall render a true statement of the amount and details thereof, and shall return said statement with his accounts, as now required by law or regulation. He will, however, make no deposits of the amounts of said statements, but will as at present required by law retain the amount thereof from his disbursements.

    In lieu of depositing these amounts by the officer himself, it is hereby made the duty of the First and Second Comptrollers, the Commissioner of Customs, and the Auditor of the Treasury for the Post Office Department, respectively, at the end of each month to properly consolidate the amount of said payments, under each head of appropriation; and from said appropriation to cause to be drawn, by requisition and warrant, (or otherwise, as may be most conducive to the public interests,) the proper amount of money due the United States for such duties under the internal revenue laws, and deposit the same in the treasury of the United States, to the credit of the Treasurer thereof, as a receipt on account of such duties from the parties, and composed of the amounts as specified on the list to be by these accounting officers furnished to accompany the covering warrants; and to furnish also the Commissioner of Internal Revenue with information of the amount thus drawn from each appropriation and deposit on account of such duties; and the record, of the covering warrants issued in pursuance of this order, should be good and sufficient evidence of the fact of such payment by the parties interested in the settlement of their accounts. This order to take effect on and after the 1st day of September 1866, except in cases of disbursing officers or agents upon the Pacific coast of the United States, in which cases, should it become necessary, it will take effect as soon as they can be advised of its provisions; And the aforesaid Comptrollers, Commissioner of Customs, and the Auditor of the Treasury for the Post Office Department, are hereby required to prepare and issue, after having obtained the approval of the Secretary of the Treasury thereon, the requisite instructions to carry this order into effect.

    HUGH McMULLOCH, Secretary of the Treasury

    Sir: Herewith I transmit, for your information and guidance, a copy of an order of the Secretary of the Treasury, dated July 16,1866; regulating the


    manner of collecting and paying into the treasury internal revenue taxes on salaries.

    You will please prepare and submit, for the Secretary's approval, the instructions necessary for carrying this order into effect so far as the officers whose accounts are under your supervision are concerned.

    The provisions of this order are so far modified as to the consolidation of these amounts by your office as that the time allowed for so doing will be extended to three months, instead of one to correspond with your quarterly settlements.

    Respectfully, yours,

    J. F. HARTLEY, Assistant Secretary, Hon. ISAAC N. ARNOLD Auditor of the Treasury for the Post Office Department

    Sir: An order from the Secretary of the Treasury, under date of July 17, 1866, changes entirely the present system of collecting the revenue tax upon the salaries of postmasters and other employees of the Post Office Department.

    Your careful attention is therefore invited to the following regulations, and a strict compliance with the same is earnestly requested.

    1. From and after the 1st day of October, 1866, the tax upon the salary or compensation of postmasters and other employees will be charged to the postmaster in the settlement of his quarterly account current.
    2. Postmasters will withhold the tax quarterly upon their own salaries and the salaries and such of their employees as are liable for the tax, as heretofore instructed; but instead of depositing the amount of such tax, they will include in it the amount due the United States, and pay it over as other revenues of the department.
    3. In rendering the quarterly account current, the postmaster will enter the amount of internal revenue tax on the debit side of the account, immediately below Article 24.
    4. Printed forms of pay-rolls for clerks, containing a column for amount of internal revenue tax, will be furnished on application to the Post Office Department. Postmasters are requested to obtain these forms and use them in taking receipts from clerks and other employees.
    5. At offices where the free delivery system is in operation, the tax on the carriers' salaries must be deducted as heretofore, and the amount will be charged to the postmaster on his general account.
    6. As these regulations go into effect on the 1st day of October next, postmasters are particularly cautioned against making deposits on account of revenue tax for any part of the quarter ending December 31, 1866. The tax for the quarter ending September 30 must be deposited as instructed by Circular No.8.

    Respectfully, I.N. ARNOLD, Auditor

    The following section of the act approved July 13, 1866, provides for the payment on the salaries of persons in the civil, military, or naval service of the United States, when exceeding six hundred dollars per annum, of a tax of 5 percent, on the excess above said six hundred dollars.

    No deductions whatever are authorized.

    Section 165. That there shall be levied, collected, and paid on all salaries of officers, or payment for services to persons in the civil, military, naval, or other employment or service of the United States, including senators and representatives and delegates in Congress, when exceeding the rate of six hundred dollars per annum, a tax of five per centum on the excess above the said six hundred dollars, and a tax of ten per centum on the excess over five thousand dollars; and it shall be the duty of all paymasters and all disbursing officers under the government of the United States, or persons in the employ thereof, when making any payment to any officers or persons aforesaid, or upon settling and adjusting the accounts of such officers or persons, to deduct and withhold the aforesaid tax; and they shall, at the same time, make a certificate stating the name of the officer or person from whom such deduction was made, and the amount thereof, which shall be transmitted to the office of the Commissioner of Internal Revenue, and entered as part of the internal tax; and the pay-roll receipts, or account of officers or persons paying such tax as aforesaid be made to exhibit the fact of such payment. And it shall be the duty of the several Auditors of the Treasury Department, when auditing the accounts of any paymaster or disbursing officer, or any officer withholding his salary from moneys received by him, or when settling or adjusting the accounts of any such officer, to require evidence that the taxes mentioned in this section have been deducted and paid over to the Commissioner of Internal Revenue, or other officer authorized to receive the same: Provided, That payments of prize money shall be regarded as income from salaries, and the tax thereon shall be adjusted and collected in like manner: Provided further, That this section shall not apply to payments made to mechanics or laborers employed upon, public work.

    And check out the following ruling - and THINK about it:

    "The revenue laws are a code or system in regulation of tax assessment and collection. They 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. With them [nontaxpayers] Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws".

    Economy Plumbing and Heating Co. v. United States, 470 F. 2d 585 (1972)

    What does this mean? Well, simply put, it means the Supreme Court legally recognizes an entity known as a nontaxpayer. The first logical question that should pop into anyone's mind is "How can there be a nontaxpayer if everyone is required to pay?" Once you understand the fraud and deception involved, then you understand precisely why the Supreme Court used this wording in the ruling.

    And check out these quotes - again, they each reveal a piece of the deception:

    "If no information or return is filed, [the] Internal Revenue Service cannot assess you." -- Gary Makovski, Special IRS Agent, testifying under oath in U.S. v. Lloyd

    "Our tax system is based upon voluntary assessment and payment, not upon distraint." -- United States Supreme Court, in Flora v. United States

    "Only the rare taxpayer would be likely to know that he could refuse to produce his records to IRS agents ... Who would believe the ironic truth that the cooperative taxpayer fares much worse than the individual who relies upon his constitutional rights." -- U.S. Federal Judge Cummings, in U.S. v. Dickerson (7th Circuit 1969)

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