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Citizen Reporter

Rated: FFF (Faith, Family, Freedom)

April, 2004

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Citizen Reporter, ©2003David Deschesne,  All Rights Reserved

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  Third Annual

Income Tax Issue

This month's articles:

Failure to File - Not a Crime!

Federal Reserve Notes Not Taxable Income?

Internal Revenue Laws Repealed in 1939

They Want it All and They Want it Now!

Form 1040 is Unlawful

IRS Has No Jurisdiction in the 50 States

The IRS Fraud

 

 

 

Failure to File - Not a Crime

"We'd better not let the word get out...We'll keep it among ourselves." Says Chief Justice William Rhenquist

By: David Deschesne

In the oral arguments at the US Supreme Court for United States vs. Craft (No. 00-1831) The following dialogue between Chief Justice Rhenquist and US Attorney Kent Jones took place regarding the criminality of failure to file income tax:

 

RHENQUIST: What about criminal procedures? Are there any criminal procedures for --

MR. JONES: I --

RHENQUIST: -- failure, continued failure to file--

MR JONES: Of course, if you file a return, then you're not exposing yourself to any criminal obligations, and if you don't file a return, it would be -- I'm not familiar with a statute that makes that a crime by itself...I'm not an expert

on criminal tax matters, but it's my

impression that that would not by itself be a crime.

RHENQUIST: We'd better not let the word get out. I thought it was a crime, but I'll check.

(Laughter)

MR. JONES: All right, well, I stand --

RHENQUIST: We'll keep it among our- selves.

 

The complete text of this oral argument can be found at:

 

http://www.supremecourt.gov/oral_arguments/argument_transcripts/00-1831.pdf 

 

The text quoted comes from page 6, lines 9 through 24 at that site.

 * Note:  If the pdf file at the Supreme Court link, above, is no longer active at the Supreme Court's website,  the Fort Fairfield Journal has searched its own archives and found pages 1 through 6, which is the most relevant, along with a screen shot of page 6.  You may link to our copies here:

pdf file of pages 1-6, plus screen shot of U.S. v. Craft oral arguments

 

Federal Reserve Notes Not Taxable Income?

Title 26 of the US Code is the Internal Revenue Code. Sections 1271-1275 deal with assessing a tax on debt instruments.

Section 1275 defines debt instrument:

26USC §1275(a)(1)(A)

Except as provided in subparagraph (B), the term "debt instrument" means a bond, debenture, note, or certificate of other evidence of indebtedness.

The Federal Reserve Notes we all trade as money are, by this definition "debt instruments." Now that we know the status of our money, let's look at section 1274:

26USC §1274(3)(D)

(3) Exceptions

This section shall not apply to -

(D) Debt instruments which are publicly traded or issued for publicly traded property.

Our money is based on debt instruments that are publicly traded and issued for publicly traded property, so it appears to be excluded from taxation according to these rules

 

Internal Revenue Laws Repealed in 1939

By Al Thompson <mailto:althompsonca@cs.com>

When Congress passes laws, there is a very specific procedure that they follow. Laws are enacted by either a Bill or a Resolution that may originate in the House or the Senate. A bill that has been agreed to in an identical form by both bodies becomes the law of the land only after: 1. Presidential approval; or 2. failure by the President to return it with objections to the House in which it originated within 10 days, (Sundays excepted) while Congress is in session; or 3. the overriding of a presidential veto by two-thirds vote in each House."

For a full explanation see:

<http://thomas.loc.gov/home/lawsmade.bysec/formsofaction.html>

Once a bill or resolution is enacted it must be published. One of the important steps in the enactment of a valid law is the requirement that it shall be made known to the people who are bound by it." This makes sense, since the people must have a place to refer to, in order to find out what their obligations are, if any, to the Government.

When the bills and resolutions are enacted, they are first published as a slip law", which means they are published in an unbound pamphlet."

These slip laws become competent evidence" in all federal and state courts, tribunals, and public offices.

They then become published in the United States Statutes at Large, and these are legal evidence" of the laws, and are accepted as proof of the laws in any court in the United States.

For a full explanation see:

http://Thomas.loc.gov/home/lawsmade.bysec/publication.html <http://thomas.loc.gov/home/lawsmade.bysec/publication.html>

The statutes are then codified by the Law Revision Counsel of the House of Representatives. The codes become prima facie" evidence of the law, and they stand as law, unless rebutted or challenged. However, the codes are not law, but simply prima facie (on its face) evidence of the law. This kind of evidence should be rebutted or challenged, especially when dealing with any alleged internal revenue code.

However, when communicating with the Internal Revenue Service, literally thousands upon thousands of people have been asking the simple question, Show me the law", and have been stonewalled by that agency without any apparent recourse. People have been thrown in prison for violating a law" that hasn’t been disclosed when demanded.

Why does this happen? It would seem to be obvious, that the Government would put forth the law when requested. Why don’t they do it? I submit that the reason is these laws simply do not exist because they were repealed in 1939. Yes, that is correct, the internal revenue laws were repealed in that year.

Here is how it happened.

Look at Exhibit A, it is a copy of the INTERNAL REVENUE CODE February 10th, 1939 [H. R. 2762] [Public, No 1] Chapter 2 At Sec 4. it says the following: …all such laws and parts of laws codified herein, to the extent they relate exclusively to internal revenue, are repealed, effective, except as provided in Sec. 5."

Section 5. Continuance of Existing Law.- Any provision of law in force on the 2nd day of January 1939 corresponding to a provision 

contained in the Internal Revenue Title Shall remain in force until the corresponding provision under such Title takes effect."

What just happened? It appears that indeed, the internal revenue laws were repealed and saved in the Internal Revenue Title for use to preserve the rights and liabilities that occurred when these internal revenue laws were in effect. But since they were repealed, they no longer applied, after the date of enactment, to anyone unless the liability occurred before the enactment of this statute. In other words, they were moved to the Internal Revenue Title for savings or archive purposes, and that they only applied to those who incurred a liability before the date of enactment. The Internal Revenue Title thus contained repealed law.

Now look at Exhibit B, which is Public Law 591-Chapter 736, approved August 16th, 1954, H.R. 8300 which is called Internal Revenue Code of 1954. On the eleventh line down it states, To revise the internal revenue laws of the United States." What laws? The laws in the Internal Revenue Title were repealed laws. So what did they revise? They revised nothing. They did indeed give the perception that these laws were being enacted, however, it would be a legislative impossibility given the normal procedures Congress uses to enact laws. Remember, Congress enacts laws, they do not enact Codes. Codes are written by codifiers, and they are an index to make it easier and more orderly to find the law.

As I understand this, Congress can only revise codes, but they amend statutes and statutes are the publication of the laws. So it appears to be what some call a legislative orphan." It didn’t follow the normal process Congress uses to enact laws. We can only surmise, that Congress pulled a fast one and made it appear that the internal revenue laws were revised", when the truth of the matter is that they attempted to enact" a statute based upon repealed law. The lawmaking process does not work that way. Congress cannot amend repealed laws, they would have to enact new ones.

If the internal revenue laws were repealed, and that appears to be the fact, what does this mean?

Did Congress do this on purpose? Or did it happen over a period of time between 1939 and 1954. What did they know, and when did they know it? We may never be able to answer that question, but we do know that they did it, and the law still stands today.

Many in the tax honesty" movement, have been saying over and over again, Show me the law…" and the government remains silent. The more complete question is: Show me the law that makes me liable for the tax. And again, the government remains silent. It is because there is no law, and the government knows it. If they actually pointed to a purported liability, it would be a gross error, or worse, a complete lie.

I’ve had two occasions myself and I asked the question to IRS officials, Please tell me what statute, code, or regulation that makes me liable for the tax, and I got nothing but silence. One IRS appeals officer told me, I don’t have to answer that, that’s compelled testimony."

Therefore, since the internal revenue laws were repealed, what is the purpose in studying the codes? Nothing. Why study codes that are not supported by law? It doesn’t make any sense. It appears that the process of studying codes occurs because people think that they are law, but the reality is that they may or may not be an accurate representation of law. One should always demand the underlying statute before answering any complaint or charge. Remember, the slip laws" are competent evidence, the statutes are legal evidence, and the codes are prima facie evidence of the law. If someone is dealing with an IRS issue, I would most certainly demand to see the slip laws along with the statutes.

In fact, the Department of Justice states the following: The text of all statutes alleged to have been violated, including the penalty provision, and the pertinent statute of limitations should be typed out in full either in the body of the prosecutor's affidavit or as exhibits to the prosecutor's affidavit. If attached as an exhibit, each statute should be typed on a separate page. If the text of the pertinent statute is unusually long or convoluted, contact the 

Office of International Affairs regarding the possibility of reduction. It is usually not necessary to also include the applicable provisions of the Sentencing Guidelines." http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00607.htm

In almost every instance I have seen in income or employment tax cases, there is no lawful affidavit sworn by a competent witness and there is no statute included in any charge/claim. Many people have been put in jail, based upon unsworn charges with no statutes.

Therefore, it is essential that the statutes be included in any kind of charge, and this is something that overlooked in the cases I’ve seen. Why? In the case of the internal revenue laws, it appears they were repealed in 1939 and no new internal revenue laws were enacted. The government attorneys simply move their process forward because we don’t challenge their presentments,

Any charges from the federal government that does not include lawfully enacted statutes are nothing more than meritless, frivolous, charges that are meant to embarrass, oppress, harass, and intimidate the people.

How was this fact pasted over by so many researchers? The power of breaking a belief that one has held most of their life is quite difficult to break.

About two years ago, at a research meeting in Oklahoma, Jack Cohen, from Washington state, pointed out this fact of the 1939 internal revenue laws were repealed. Yes, we’ve been sitting on this for two years, but we just didn’t realize the implications. Jack held up the book to all the researchers. They all looked at it, but then they completely forgot about it and carried on with little discussion. I was there, and since the other researchers didn’t have much of an interest, I thought maybe there was not much merit to Jack’s statement. But I kept thinking that if what Jack said was true, then we don’t have to go through all this other material, if the internal revenue laws were repealed. Why are we studying codes if there is no law? Even now, with the evidence in my hands, it is still hard to believe, but the statutes speak for themselves. It is our knowledge and understanding that seems to be subject to our old ways of thinking.

Therefore, unless we’re missing something, it appears that indeed the internal revenue laws were repealed and that may be one of the reasons that the government refuses to show me the law". There isn’t one.

They Want it All and They Want it Now!

By: David Deschesne

 

The mechanics of the income tax allow the government to capture 90+ per cent of all money after only 10 transactions. Here's how it works:

 

Suppose you went to work and exchanged $1600.00 worth of your labor for a Federal Reserve-backed check (ALL payroll checks today) out of the gate you have lost $400.00 - figuring a 25% average tax rate. Now every time that money changes hands it is assessed 25% by the government for "income" tax. The following formula presumes labor, only, no cost of goods sold, etc.:

 

1st $1600.00-25%=$1200.00

2nd $1200.00-25%=$900.00

3rd $900.00 -25%=$675.00

4th $675.00 -25%=$506.25

5th $506.25 -25%=$379.69

6th $379.69 -25%=$284.77

7th $284.77 -25%=$213.58

8th $213.58 -25%=$160.19

9th $160.19 -25%=$120.14

10th $120.14 -25%=$90.11

 

After just 10 transactions, the government would receive $1509.89! Leaving a purchasing power of only $90.11 - out of the original $1600 - circulating in the public's hands ($5.08 after 20 transactions!)

Converting our labor into Federal Reserve checks creates a ledger entry at the Social Security Office called "Income." There is no law requiring us to convert our labor or products into the Federal Reserve's private commercial paper system; we do so voluntarily. There are other private money systems available, the most popular being the Liberty dollar (www.norfed.org) which does not keep track of an "income" ledger entry for tax purposes.

Few people know that possessing the Social Security number is what causes an income tax to be assessed against them in the first place. The SSN is not an insurance number, it's a Taxpayer ID number and is used merely for the purposes of taxation. There is no law requiring an SSN as a prerequisite for employment and earning money without the number is tax free, because your "income" for tax purposes is whatever the Social Security Commissioner has a record of. In short, no number = no "income" = no tax due.

Form 1040 is Unlawful

By Dr. Joe Sweet, The Joy Foundation

According to the Paperwork Reduction Act, in order for a government form to be legally required to be filled out by a citizen, the form must contain these four items:

 

1.) A valid OMB (Office of Management and Budget) number,

2.) It must state whether or not it is an approved form,

3.) It must have an expiration date.

4.) It must state whether it is voluntary or mandatory.

Any government forms that do not comply with these criteria are not mandatory to fill out.

The IRS form 1040 only has ONE of the above mandatory items listed on it - an OMB number, and it is not even the correct number to begin with. The 1040 form is fraudulent and unlawful, by their own rules.

 

IRS Has No Jurisdiction in the 50 States

By: David Deschesne

According to their own rules, the IRS does not have jurisdiction to collect taxes in any of the 50 states in the Union. That stipulation is as follows:

26 USC Ch21,§3121(e)

(1) State

The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa.

(2) United States

The term "United States" when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Somoa. An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States)shall be considered, for the purposes of this section, as a citizen of the United States.

The Thorndike Barnhart dictionary defines :

include: 1. to put, hold, or enclose within limits. 2. to contain; comprise. 3. to put in a total, a class, or the like. 4. to shut up; confine.

When they say, "The term State includes..." they are defining what is to be considered as a State and the list of entities following the word "includes" are the only entities that can be used in that definition of State.

When the Congress wants the term 'State' to also mean all of the other 50 independent states, the wording will read, "...the several states..."

The IRS can only legally operate in the states as defined and listed in title 26 of the US Code.

The IRS Fraud

Rick Stanley

www.stanley2002.org

Might as well add my two cents, direct from the IRS Code book, Section 861. The only Americans liable to pay the IRS Income Tax are those who:

(1) work for the federal government.

(2) reside in the confines of the District of Columbia

(3) those who reside in the territories of the USA such as Guam, Puerto Rico, etc...

Those of us who live in the 50 states of America that do not fall into those three categories, have NO LIABILITY to pay the IRS Income Tax. It is voluntary. I don't choose to volunteer anymore since I discovered that the federal government is funded only by excise, imposts and duties. The IRS income tax only pays the money making costs and interest from the Federal Reserve CORPORATION, and this was CONFIRMED in the WARREN REPORT commissioned by President Nixon in 1971. Read it. Your Politicians know this is the truth.

The IRS Income Tax is a con, fraud, deceit and lie perpetuated by the government since 1913 when the Federal Reserve Act and income tax were passed. America was sold out by politicians and the lie has gone on for over 90 years.

The politicians and judges continue to reap the benefits of this lie. They are

getting rich folks and America is being extorted huge sums of money by the Fed, to make fiat money out of thin air and then we are charged interest by the Federal Reserve CORPORATION, which continues to add up to the over 7 TRILLION dollar federal debt. You have been conned America. The media will not expose this lie. Why? Because the International Bankers of the Federal Reserve CORPORATION, own the majority of mainstream media. I DARE any media journalist to try and write this story, or say it on the air. It will never see the light of day. Your station manager will fire you. Your editor or publisher will prevent the story from ever being printed. The great lie continues. The "free" press. Hah. (editor: I dare.)

 

 

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