"Why Are Thousands of Producers Not Paying
Taxes?"
from "In Defense of Rural
America"
By Ron Ewart,
President
National Association of Rural
Landowners
and nationally recognized author and
speaker on freedom and property rights issues.
©
Copyright Sunday, January 19, 2014 - All Rights
Reserved
As published on
Newswithviews, January 15, 2013
This article is also
available on our website at:
DISCLAIMER:
We make no warranties, express or implied, that the information
presented in this article is accurate in all respects. Much of it comes
from anecdotal accounts by individuals who have contacted us in response to our
previous articles about the IRS. As they are personal accounts, there is
no way we can adequately corroborate their stories. 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.
ANOTHER IRS HORROR
STORY: "On March 4, 1976, Clyde H. Allisan and Ralph W. Foster, two IRS
agents, paid Smiley a "friendly visit" in the truck-camper he used as a business
office in Salem, Virginia. Ten minutes later Robert Smiley was dead from a
bullet wound in the head. The IRS men had departed. Behind Smiley's
corpse there was a bullet mark in the wall - but the bullet was never
found. At the other end of the camper a gun with no fingerprints was
found. $2,000, which Smiley had in his pockets, was gone. Local police reported the death as a suicide. No autopsy was
performed. The IRS agents were neither interviewed nor interrogated. No
hearing was held. The only IRS official permitted to discuss the matter
said that he knew nothing about the incident. Smiley's close friends declared
that the suicide theory was contrary to the known facts and at variance with
Smiley's jovial and good-natured character.
A week
later five IRS agents seized all the vehicles comprising Smiley's business
inventory and sold them. The Treasury Department refused to answer any
questions on the matter. They also refused that IRS agents Allisan and
Foster, who were with Smiley when he died, be interviewed. Meanwhile, IRS
agents continued to harass Smiley's broken-hearted, destitute, ill widow to the
point that she attempted suicide on October 23,
1976." Martin A.
Larson from his book "Tax Revolt: The Battle
for the Constitution"
To which he devoted countless hours
and research in exposing the IRS, US Representative George Hansen (Idaho) wrote
this in 1980:
"The story of the Internal
Revenue Service is a history of a tax collection agency drunk with power,
ruthlessly smashing dissent among its own personnel and brazenly roughing up
taxpayers at will. The IRS defies and intimidates its Congressional
creators to go virtually unchallenged in its blatant illegal exercise of awesome
powers against the American public. The violations of the rights of American people today by
their own government are ironically parallel to the injustices suffered by the
Colonists in the years preceding the Revolutionary War. The Declaration of
Independence states that the British King 'has erected a multitude of new
offices, and sent hither swarms of officers to harass our people, and eat [out]
their substance.'"
The above horror story is testament to that admonition. Did IRS agents kill Robert Smiley? The IRS isn't talking. Congressman Hansen, a Republican, had his own troubles with the IRS and was audited multiple times for speaking out against them, including being suddenly audited when he ran against an incumbent Democrat for Idaho Senator ..... twice. He ended up in jail on unrelated charges that were later dismissed on appeal. The question is were the unrelated charges actually unrelated, or were they retribution for challenging the IRS?
This is the 2nd in a series of three
articles we are publishing on the IRS. Since we started this
crusade through our articles and confronting the IRS personally, we have
heard from many Americans who have relayed their negative experiences with the
IRS. Bear in mind however, some of these experiences are self-inflicted by
relying on false information they gleaned from the Internet, or
from some book about the IRS. One man told us he went to jail for 78
months for "failing to file" but was never charged with a crime. How can
that be in America? On what grounds did he choose not to file an
income tax return?
Nevertheless, some of these stories
ring true and through some operation of law or court manipulations, they have
managed to escape the clutches of the IRS. Some have boasted that they
have not paid taxes for years and now consider themselves beyond the reach of
the IRS. How can this be if all Americans earning an income over a
certain threshold must pay income taxes under the provisions of the 16th
Amendment?
For instance, we received this response to one of
our articles:
"The tone and anger in your letter is palpable and warranted;
however, also misplaced. If you were to back up to the VERY beginning and
see the true tragedy and inform your readership as well as yourself of the
original fraud that occurred at the "afterbirth", you will make a more
significant impact on the true issue of our slavery/bondage. If you are,
and continue to be, the corporate fiction/"capitalized" name as in GEORGE H.
SMITH, then you will continue to fight in vain within the matrix i.e.., the
UNITED STATES, INC. Once you reclaim the true I AM at your birth,
before you received your "death certificate", their dead, straw man legal
character (aka birth certificate), then all of their illegal debt and unlawful
policies are null and void ab initio ...... That is the REAL horror of our
story that must continue to be REDISCOVERED and shared."
Shortly thereafter, we received this response
from another individual:
"Why, why, why, do you want to be a
"taxpayer" for federal income taxes in the first place? No law of subtitle
A makes you liable, so why do you insist on paying taxes to the IRS???? Go
ahead and play around with the "Federal Mafia" and you might get incarcerated,
unlawfully of course. I believe you will be fighting a losing battle, but
that's just my opinion for which I understand, you never asked for. I'm a
non-taxpayer and have been since 2000."
The gentlemen, a couple of days
later, expanded on his response with this:
"It boils down to this.
Either you ascertain (not just believe) that the Constitution is still the
highest law of the land, with Article 1 section 2, section 9 at your defense or
you do not. This part of the Constitution has not been repealed! I'm
not so sure what you have accepted under the 16th amendment, but the US Supreme
court has said that it did not repeal the Constitution at Article I.
Furthermore, the court defined what is income and what is not income, and that
has been settled in that court. Title 26 U.S.C. cannot apply to you or me
or anyone else unless you have an association with the Federal
"Government. And you can forget about what some nut heads have said that
when you obtained a Social Security (SS) number you became a "Federal
taxpayer". Nothing of the kind was ever explained to me when I applied for
my number, so it had to been done by deceiving me through application.
It's really strange that we were not taught in school that when we participated
in SS that our money would be taken from the private employer and sent to the
Federal Government to be held in a trust fund that would bear no interest.
Getting it back only as a single benefit, would be a problem for the government
so the government initiated other benefits under SS so as to make you and me
think that we are receiving a "Government benefit". They did this by
putting all collections in a "general fund". I believe I had
previously demonstrated to you that 26 U.S.C. cannot apply to you because of the
content of subtitle C. No other subtitle refers to the non-federal citizen
being subject to the two taxes as subtitle C subjects on Federal
persons. I paid income taxes ignorantly for 43 years, until I
learned from Irwin Schiff that I was not liable. I bought a copy of the
IRC for $90 and studied it for a decade and it is very plain, it doesn't apply
to me no matter how hard the IRS tries to make me think it does. If you
are still filing income tax forms, you are telling the Government (falsely) that
you are one of them and that you owe income taxes. Trying to tell the
Government what your going to do is senseless in my opinion. The
Government holds the money bag and besides you have not committed a Federal
crime, so why do you want to go to court with them? You will make your
choice and it will be yours alone. Best wishes from a non-taxpayer of the
federal income tax." (This man is convinced
of his position, but is he right? Many have gone to jail trying to prove
he is, including Irwin Schiff, but others have won against the IRS and
don't pay taxes at all. What if he is right?)
This prevailing theme that the IRS
Tax Code does not apply to American citizens not working for the federal
government, runs through most of these responses. What do they know that
the rest of us don't? Could they be right, lucky, or just plain
wrong? If you listen to the IRS, they are dead wrong, but are
they?
On a different note, we received
this very positive response from a taxpayer who beat the IRS and makes no bones
about it:
"I just read your "An Angry Warning"
article with great joy. You are to be applauded for your bravery and
persistence. You CAN beat these thugs... to wit; My wife and I (pro-se)
recently (2011) had a case dismissed (with prejudice!!) that the IRS had
prosecuted against us. They started by going after my wife, and ended by
calling us "husband and wife"... a glimmer of respect in a federal court battle
that took us 5 years to win. (The case should have been dismissed in '06
when it was instituted for "failure to include an indispensable party"...
me! Just one of numerous mistakes on their part.) I have attached for your
perusal and enjoyment our final pleading in that case (which you will note was
recorded first at our county courthouse, then at the federal court). It
was 3 years before they responded to that pleading, and it was with a motion to
dismiss!! In that 3 year interim, the original DOJ attorney (Cynthia
Weissman) who instituted the case, quit. From reading your "Notice
of Intent To Sue" you are on the right track. Do not be intimidated and
take the offensive with these thugs. I can provide you with more
information if you so desire, just let me know. And don't forget, exercise
your rights or lose them! Become a "belligerent
claimant"!!"
In response to this gentleman's
message, we filed a "Declaration of Belligerent Claimant"
document with the IRS. We have received no response to our
Declaration from the IRS as yet. A copy of a
sample Declaration can be found on the Resources
page of our Attack
Watch Spies website. We have also uploaded to the same
page on our website, with his permission, the Pleading this man referenced,
under the name "THE CARMAN PLEADING". For those
of you facing an IRS Audit, or other personal interaction with an IRS agent,
there is a document on the Resources
page that might help you.
As you can see, there is a great deal
of interest on the part of many Americans about the out-of-control bureaucracy
known as the IRS. We have many more stories we could tell from
their continued responses. We may share some of those stories
in a later article or articles.
Under the law, do Americans really
owe taxes to the Government? Why are some Americans who are required to
pay taxes, not filing tax returns and not paying taxes? Why are they
getting away with it? Why does the IRS continue to violate the tax law and
horribly abuse American citizens? These questions must be answered once
and for all in order to clear up the uncertainty in the law and to
determine just how much power the IRS has to enforce it, or whether it should be
abolished because it has grown too powerful and un-accountable.
Next
week our article is entitled: "The Lawsuit
That Could Dismantle The IRS", wherein we will address these
nagging questions. We will also cover our experiences in filing Freedom of
Information Act (FOIA) requests with the IRS and how and where to file
them.
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