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By Ron
Ewart
January 22, 2014 NewsWithViews.com
DISCLAIMER:
Truth is an illusive goal when searching available information with the sole
purpose to validate such information. Consequently, we make no warranties,
express or implied, that the information presented in this article is accurate
in all respects. Much of it was pulled from what we determined to be reliable
sources. It is the sole responsibility of the reader or taxpayer to verify the
information for his or her own particular situation. The material provided is
for information purposes only and there is no attempt by the author to provide
legal or accounting advice to anyone whatsoever. Under no circumstances are we
advocating that any American break the law ..... whatever that
is.
ANOTHER IRS HORROR
STORY: In the parking lot was the VW with the Olivers,
Stephen and Mona, surrounded by IRS agents and onlookers. The tow truck waited.
An onlooker named Freeman was giving verbal abuse to the agents and pointing at
them. Photographers and reporters were there, a story in the making. With billy
clubs, the agents broke the glass on the driver and passenger side of the
vehicle and dragged the Olivers out of the vehicle over the glass. Mrs. Oliver
was screaming about her heart medication in the glove compartment. Through the
struggle, pills were scattered with the glass. Freeman continued his barrage of
screams, 'Would you look at that? It's the modern-day Gestapo.' Photographers
took it all in and it was reported in the national news." --Donald W.
MacPherson, tax attorney, from his book "Tax Fraud and Evasion: The War
Stories"
In our two
previous articles on the IRS this year, we discussed why the Congress would
never abolish the IRS and why were thousands of taxpayers required to pay taxes,
not filing tax returns, not paying taxes and getting away with it? The reasons
why Congress will never abolish the IRS are abundantly clear. They use the tax
code to control human behavior through what is called "social engineering" and
the lobby built up around the tax code will never allow the Congress to repeal
it. Why some taxpayers are not paying taxes and getting away with it, is vague
at best and rests in the complexity and lack of clarity of the Internal Revenue
Code and its history, from the passage of the 16th Amendment to present
day.
The question
of the 16th Amendment's ratification by the Congress and three-quarters of the
states has been adjudicated and is no longer an issue of law. Sixteenth
Amendment arguments have been uniformly rejected by the courts in other cases,
including United States vs. Thomas.
From the 16th
Amendment, the U. S. Congress, under control of the Democrats, passed the
Revenue Act of 1913. The Revenue Act of 1913 had several other names centered
around the word "tariff". The word "tariff" was used because tariffs were
significantly lowered on many commodities in the Act. But the real goal of the
Revenue Act was actually enacting an income tax even though such a tax had been
ruled unconstitutional in similar legislation in 1894. President Woodrow Wilson
lobbied the Democrats hard to get the Revenue Act approved and actually spoke to
a joint session of the House and Senate to lobby for the Act. The House voted in
favor 281 to 139 and the Senate voted 44 to 37. But the question is to this day,
on whom does the tax apply? (source)
No matter what
the IRS says, questions remain, the first being the constitutionality of the
16th Amendment. From a trusted source we learn that: "The
Constitutionality of the Sixteenth Amendment was challenged in the case of
Brushaber vs. Union Pacific R.R. Co., 240 US 1 (1916). The U.S. Supreme Court
acknowledged the apparent conflict between Article I, Section 2, Clause 3, of
the Constitution, which required all direct taxes to be apportioned, and the
Sixteenth Amendment, which appeared to eliminate the apportionment requirement.
The Court pointed out that the Sixteenth Amendment did not repeal Article I,
Section 2, Clause 3, but noted that it was under a duty to uphold the Sixteenth
Amendment, if it could be interpreted in such a way so as to eliminate the
conflict. The Court did hold the Amendment constitutional, but only because it
interpreted the Amendment as applying only to "indirect taxes" or "excise
taxes", and not to "direct taxes". Brushaber and other cases that followed,
stated that the Sixteenth Amendment did not give Congress any new or additional
taxing powers that it did not already have, but merely put into written form the
state of the law as it previously existed."
"Congress did not pass
any other law intended to impose a direct tax on income until 1939, when the
Public Salary Tax Act of 1939 was passed. The Public Salary Tax Act, Section 1,
(which is now designated as Title 26 USC) imposed a tax upon the income of
federal employees, U.S. citizens, and non-resident aliens. The term "United
States" is defined in 26 USC 7701(9), as: "When used in a geographical sense,
the term ‘United States’ means only the states and the District of Columbia.
Section 7701(10) defines the term "States" as follows: "The term ‘States’ shall
be construed to include the District of Columbia when necessary to carry out the
purpose of this title". It is always necessary to construe the term "States" as
including the District of Columbia, because Congress did not include the fifty
(50) states, nor the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or
American Samoa. The Public Salary Tax Act of 1939 did not apply to Citizens of
the forty-eight (48) States (now the fifty (50)
States).
In several of
the other 27 Amendments to the Constitution a clause is added that states:
"Congress shall have the power to enforce this article by
appropriate legislation." The 16th Amendment did not include this
clause, nor did the 16th Amendment specifically repeal Article I, Section 2,
Clause 3; nor Article I, Section 8, Clause 1; nor Article I, Section 9, Clause 4
of the Constitution. In our judgment, the conflicts still remain.
Once again we
learn from this source: "After Pearl Harbor was bombed by Japan on
December 7, 1941, Congress declared war, and passed the Victory Tax Act of 1942,
in order to raise money to support fund the war effort. This was done in
accordance with Article I, Section 8, Clause 12, of the Constitution of the
United States of America, which provides:"
"In 1942, for the
first time in the history of this country, the Bureau of Internal Revenue sent
out 1040 Form to the general public in the forty-eight States. This was done
even though the Victory Tax Act of 1942 only applied to citizens and residents
of the District of Columbia, and non-resident aliens."
"Most people thought that the
Victory Tax Act required everyone to file a tax return and pay tax on "income",
so they voluntarily filed a Form 1040 in 1942, 1943 and 1944. On May 29, 1944,
Congress repealed the Victory Tax Act of 1942, but the news media did not
publicize that fact. In 1945, the Bureau of Internal Revenue decided to mass
mail 1040 Forms to the general public, just to see what would happen. Why not?
The vast majority of the people had voluntarily filed tax returns before. Since
the public believed that the Victory Tax Act was mandatory in the then
forty-eight (48) States, and did not know that it had been repealed, they filled
out the 1040 Forms and mailed them in, along with their checks. The Bureau of
Internal Revenue was ecstatic and committed itself to continue perpetrating the
fraud on the Citizens of the forty-eight (48) States. So, the Bureau of Internal
Revenue has continued to send out Form 1040's each and every year
since."
This same source alleges that:
"The Bureau of Internal Revenue and the Internal Revenue Service were not
created by any Act of Congress. These are not organizations or agencies of the
Department of the Treasury, or of the federal government. They appear to be
operated through pure trusts administered by the Secretary of the Treasury (the
Trustee). The Settlor of the trusts and the Beneficiary or Beneficiaries are
unknown. According to the law governing trusts, that information does not have
to be revealed. You will not find the Bureau of Internal Revenue, or the
Internal Revenue Service, or the Bureau of Alcohol, Tobacco and Firearms listed
in 31 USC, Chapter 3, as an authorized agency of the Department of the
Treasury."
Look it up HERE. Also, why is the IRS a Puerto Rico Trust Fund and not
under the Treasury Department? If you doubt it, look it up HERE. Check out Item No. 62.
SIDEBAR: As
further evidence of an out-of-control government bureaucracy, the Taxpayer
Advocate Service, which is an independent office within the IRS, has just
released a two-volume report describing the Mafia tactics that are being
employed by the IRS. The Executive Summary is 76 pages long. You can read this
scathing report at the following link:
There are so
many questions as to the validity and constitutionality of the 16th Amendment,
whether income can be legally taxed on U. S. Citizens under the Constitution and
the 16th Amendment and the creation of the IRS as a lawful taxing entity, that
those questions beg for clarity and legal certification. The Internal Revenue
Code is so complex and convoluted, it cries out for adjudication from the
Highest Court in the land, the U. S. Supreme Court.
Other sources
say that these questions have already been adjudicated but not to the
satisfaction of millions of Americans who have been slowly learning over the
last several decades that they have been hoodwinked by a government that has
shoved the IRS and the income tax down the people's collective throats, quite
possibly by fiat, just like the Democrats in Congress and the President shoved
Obama Care down the people's throats ..... in the name of more Karl Marx's
social engineering and social justice.
Our legal
system requires that a person suing another person, a corporation, or the
government, must have standing and can demonstrate damages. We are proposing
that all Americans who have been "damaged" by the IRS and there are millions of
you, file a collective lawsuit in the U. S. District Court where all of you
live, in each U. S. District in America, alleging violations under 42 USC,
Sections 1983 and 1985 and further claiming that the damages you incurred
resulted from the IRS applying law, under the color of law, without any
demonstrable foundation of law. If you believe you have been "damaged" by the
IRS, we would like to hear from you.
If all of
these lawsuits were filed at roughly the same time, they could be merged into a
national, massive class action lawsuit, where all of the questions we have
raised in this article and more, could move to the Appellate courts and then on
to the U. S. Supreme Court. We would lead this challenge if we can find SUPPORT among our readers to provide the
necessary RESOURCES for such a challenge on a
national scale. To mount this challenge, our goal is to establish a legal
defense fund in the amount of $10,000,000 at $10.00 from 1,000,000 disgruntled,
abused taxpayers, to build a very powerful, unbeatable legal team to lead the
class action.
If the IRS and
the IRS code are found to be illegal and the High Court so decided, it would be
left to the Congress to come up with a new taxing authority to replace the IRS.
One such flat tax scheme has been proposed in HR-25 by the Fair Tax Organization
and sponsored by 73 congressional co-signers in the House, with eight Senator
co-sponsors of S-122, the Senate equivalent. To be successful, a good portion of
the nation would have to get behind this effort. (see
this)
The fact is,
the IRS will never be abolished by an act of Congress, much less the president,
which we discussed in our first article entitled "Why Congress
Will Never Repeal the IRS." The confusion and complexity of
the IRS Code and its unequal enforcement and abuse will continue to be a
significant problem for all Americans until the matter is settled once and for
all. The only way to clearly define the power of the IRS and the IRS Code and
its foundation in law is to adjudicate it in the courts. The only way to
invalidate the IRS and repeal it, if it is indeed unlawful, is to prove its
illegality in the environment of the courts.
If such a
class action lawsuit were to take place on a massive scale, don't underestimate
the power of the government to submit legal arguments, valid or invalid,
justifying the IRS's existence, even though there may be no clear law for such
justification. That's right. The U. S. Government, politicians and bureaucrats
lie to consolidate their power over you all the time and have since the ink was
dry on the Constitution! If the truth be known, representative government is not
only messy, but it is highly susceptible to systemic corruption if the people
aren't paying attention.
Don't ever
count on government reforming government. Only the people can hold government
accountable, either by peaceful actions, or by a violent reaction when
government becomes tyrannical. However, everyone in America better hope that a
violent reaction to U. S. Government tyranny never becomes a reality. The
outcome of such a reaction is totally unpredictable.
We stated in
our last article that we would share our experiences in filing FOIA requests
with the IRS. Because of the long length of this article, we decided to move
that information to the "FOIA
Requests" page on our website.
© 2014 Ron Ewart — All
Rights Reserved
Ron Ewart, a nationally known author and speaker on freedom and property issues and author of his weekly column, "In Defense of Rural America", is the President of the National Association of Rural Landowners, (NARLO) a non-profit corporation headquartered in Washington State and dedicated to restoring, maintaining and defending property rights for urban and rural landowners. Mr. Ewart can be reached by e-mail. Website: www.narlo.org E-Mail: ron@narlo.org |
Wednesday, January 22, 2014
IRS - AN EXAMPLE OF OBAMA OBEDIENCE
Submitted by: Nancy Battle
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