Is the Redemption Process the Proper
Response to Government Enslavement?
All of US
The only way I can be free is IFF All of US are free.
Please read on & determine the truth for yourself the truth! Truth is stranger than fiction!
"People laugh at what they don't understand, thinking that by their laughter they are showing superiority instead of latent idiocy!" Paul Tillock
"A nation of well informed men who have been taught to know & prize the rights which G-d has given them, cannot be enslaved. It is in the region of ignorance, that tyranny begins." - Benjamin Franklin
Many of US take freedom for granted without truly appreciating it.
Freedom, once obtained must be guarded for many reasons. IFF not, one day you may regret it Be aware. Be vigilant. Be strong. Be thankful. Be prayerful & avoid complaisancy at all costs. There are those, whose whole lives are dedicated to controlling yours. The power-hungry are alive & living in Washington D.C., as well as, in the ruling powers of other nations, the U.N., the Corporations, the Financial Institutions, & yes, dare I say, even in some of your Religious Hierarchies.
A man can be enslaved by many different means. Throughout time, the powers that be have developed a well-balanced formula of high-profit, low-maintenance slavery. Although there are many different elements to this 'formula,' ignorance is the key. What better slave than one who believes he is actually free?
"All truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally it is accepted as self evident." Schoepenhouer
"Man will occasionally stumble over the truth, but most of the time he will pick himself up & continue on." Winston Churchill
"Never tell people how to do things. Tell them what to do, & they will surprise you with their ingenuity." General George S. Patton Jr.
The media claims patriotic Americans & Texians who demand the government abide by the Constitution (contract) are terrorists, when in fact, these patriotic men & women are activists who inform, share information & knowledge. The government is terrified & understands these activists speak the truth & may alert you to the problems of the day.
Please awake my fellow Americans from your deep slumber, before it's too late & you find yourself at a wake for America!
For evil to flourish good men & women must allow it! These men & women choose to ignore the problem hoping it will just go away on it's own. When you put your head in the sand do you realize what is exposed? IFF an evil entity comes along, don't you think you will get it in the end! Is this the proper course of action or is it best to meet the challenge head on, standing tall, unafraid with dignity & with G-d in your heart? Obey G-d, serve mankind, & oppose tyranny.
"Resistance to tyrants is obedience to G-d." Thomas Jefferson
"People demand freedom of speech to make up for the freedom of thought, which they avoid." Kierkegaard
We don't have lawful money, we don't own our property, our votes do not count, there is no law, order or justice & they mean to kill All of US. Welcome to hell on Earth! Am I wrong?
"Disobedience, in the eyes of any one who has read history, is man's original virtue. It is through disobedience that progress has been made, through disobedience & through rebellion." Oscar Wilde
"Politics is war without bloodshed, while war is politics with bloodshed." Mao Zedong
The 4 Laws of Creation are: 1. You exist. 2. One is all & all is One. 3. What you put out, is what you get back. 4. The only constant is change, except for the first 3 laws, which, never change.
"I am only one, but I am one. I cannot do everything, but I can do something. And because I cannot do everything, I will not refuse to do the something that I can do. What I can do, I should do. And what I should do, by the grace of G-d, will do." Edward Everett Hale
"If you are made aware of a lie & you do nothing to expose the lie, then you become part of the lie. There can be a million lies, but there is only one truth." David Riddell
"The point is, I want a better world for you & your family! Without knowledge of the truth, there is no future." Jon Gentry
I am what I am.
Katman
On April 5, 1933, then President Franklin Delano Roosevelt, under Executive Order, issued April 5, 1933, declared: "All persons are required to deliver on or before May 1, 1933 all Gold Coin, Gold Bullion, & Gold Certificates now owned by them to a Federal Reserve Bank, branch or agency, or to any member bank of the Federal Reserve System."
James A. Farley, Postmaster General at that time, required each postmaster in the country to post a copy of the Executive Order in a conspicuous place within each branch of the Post Office. On the bottom of the posting was the following:
CRIMINAL PENALTIES for VIOLATION of EXECUTIVE ORDER
$10, 000 fine or 10 years imprisonment, or both, as provided in Section 9 of the order.
Section 9 of the order reads as follows: "Whosoever willfully violates any provisions of this Executive Order or of these regulations or of any rule, regulation or license issued thereunder may be fined not more than $10,000, or if a natural person, may be imprisoned for not more than 10 years, or both; & any officer, director or agency of any corporation who knowingly participates in any such violation may be punished by a like fine, imprisonment, or both.
NOTE: Stated within a written document received September 17, 1997, from the U.S. Department of Justice, Office of Legal Counsel, Office of the Deputy Assistant Attorney General, Richard L. Shiffin, in response to a FOIA, was the following: "A fact that is frequently overlooked is that Executive Orders & proclamations of the President normally have no direct effect upon private persons or their property, & instead, normally constitute only directives or instructions to officers or employees of the Federal Government. The exception is those cases in which the President is expressly authorized or required by laws enacted by the Congress to issue an Executive order or proclamation dealing with the legal rights or obligations of members of the public. Such as issuance of Selective Service Regulations, establishment of boards to investigate certain labor disputes, & establishment of quotas or fees with respect to certain imports into this country."
Note: it seems rather obvious that President Franklin D. Roosevelt was not "expressly authorized or required" to "issue an Executive Order or proclamation" demanding the public (private) to relinquish their privately held gold.
The order (proclamation) issued by Roosevelt was an undisciplined act of treason. Two months after the Executive Order, on June 5, 1933, the Senate & House of Representatives, 73d Congress, 1st session, at 4:30 p.m. approve House Joint Resolution (HJR) 192: Joint Resolution To Suspend The Gold Standard & Abrogate The Gold Clause, Joint resolution to assure uniform value to the coins & currencies of the United States.
HJR-192 states, in part, that "[E]very provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in any amount of money of the United States measured thereby, is declared to be against public policy, & no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provisions is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any such coin or currency which at the time of payment is legal tender for public & private debts."
HJR-192 goes on to state: "As used in this resolution, the term 'obligation' means an obligation (including every obligation of & to the United States, excepting currency) payable in money of the United States; & the term 'coin or currency' means coin or currency of the United States, including Federal Reserve notes & circulating notes of Federal Reserve banks & national banking associations."
HJR-192 superseded Public Law (what passes as law today is only "color of law"), replacing it with public policy. This eliminated our ability to PAY our debts, allowing only for their DISCHARGE. When we use any commercial paper (checks, drafts, warrants, federal reserve notes, etc.), & accept it as money, we simply pass the unpaid debt attached to the paper on to others, by way of our purchases & transactions. This unpaid debt, under public policy, now carries a public liability for its collection. In other words, all debt is now public.
The United States government, in order to provide necessary goods & services, created a commercial bond (promissory note), by pledging the property, labor, life & body of its citizens, as payment for the debt (bankruptcy). This commercial bond made chattel (property) out of every man, woman & child in the United States. We became nothing more than "human resources" & collateral for the debt. This was without our knowledge &/or our consent. How? It was done through the filing (registration) of our birth certificates!
The United States government -actually the elected & appointed administrators of government -took (& still do, to this day) certified copies of all our birth certificates & placed them in the United States Department of Commerce ... as registered securities. These securities, each of which carries an estimated $1,000,000 (one million) dollar value, have been (& still are) circulated around the world as collateral for loans, entries on the asset side of ledgers, etc., just like any other security. There's just one problem, we didn't authorize it.
The United States is a District of Columbia corporation. In Volume 20: Corpus Juris Sec. § 1785 we find "The United States government is a foreign corporation with respect to a State" (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a corporation is a fictitious "person" (it can not speak, see, touch, smell, etc.), it can not, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to "connect" the fictional person, & fictional world in which it exists, to the real world. Why is this important?
LIVING people, exist in a real world, not a fictional, virtual world. But government does exist in a fictional world, & can only deal directly with other fictional or virtual persons, agencies, states, etc.. In order for a fictional person to deal with real people there must be a connection, a liaison, & a go-between. This can be something as simple as a contract. When both "persons," the real & the fictional, agree to the terms of a contract, there is a connection, intercourse, dealings, there is a communication, an exchange. There is business! But there is another way for fictional government to deal with the real man & woman: through the use of a representative, a liaison, & the go-between. Who is this go-between, this liaison that connects fictional government to real men & women? It's a government created shadow, a fictional man or woman ... with the same name as ours.
This PERSON was created by using our birth certificates as the MCO (manufacturer's certificate of origin) & the state in which we were born as the "port of entry". This gave fictional government a fictional PERSON with whom to deal directly. This PERSON is a strawman.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety. This definition comes from Black's Law Dictionary, 6th. Edition, page 1421. Following the definition of STRAMINEUS HOMO in Black's we find the next word, Strawman. STRAWMAN: A front, a third party who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purposes of taking title to real property & executing whatever documents & instruments the principal may direct. Person who purchases property for another to conceal identity of real purchaser or to accomplish some purpose otherwise not allowed. Webster's Ninth New Collegiate Dictionary defines the term "strawman" as: 1: a weak or imaginary opposition set up only to be easily confuted 2: a person set up to serve as a cover for a usually questionable transaction. The Strawman can be summed up as an imaginary, passive stand-in for the real participant; a front; a blind; a person regarded as a nonentity. The Strawman is a "shadow", a go-between. For quite some time a rather large number of people in this country have known that a man or woman's name, written in ALL CAPS, or last name first, does not identify real, living people. Taking this one step further, the rules of grammar for the English language have no provisions for the abbreviation of people's names, i.e. initials are not to be used. As an example, John Adam Smith is correct. ANYTHING else is not correct. Not Smith, John Adam or Smith, John A. or J. Smith or J. A. Smith or JOHN ADAM SMITH or SMITH, JOHN or any other variation. NOTHING, other than John Adam Smith identifies the real, living man. All other appellations identify either a deceased man or a fictitious man: such as a corporation or a STRAWMAN.
Over the years government, through its "public" school system, has managed to pull the wool over our eyes & keep US ignorant of some very important facts. Because all facets of the media (print, radio, television) have an ever-increasing influence in our lives, & because media is controlled (with the issuance of licenses, etc.) by government & its agencies, we have slowly & systematically been led to believe that any form/appellation of our names is, in fact, still us: as long as the spelling is correct. WRONG!
We were never told, with full & open disclosure, what our government officials were planning to do & why. We were never told that government (the United States) was a corporation, a fictitious "person". We were never told that government had quietly, almost secretly, created a shadow, a STRAWMAN for each & every AMERICAN, so that government could not only "control" the people, but also raise an almost unlimited amount of revenue - so it could continue not just to exist, but to GROW. We were never told that when government deals with the STRAWMAN it is not dealing with real, living, men & women. We were never told, openly & clearly with full disclosure of all the facts, that since June 5, 1933, we have been unable to pay our debts. We were never told that we had been pledged (& our children, & their children, & their children, & on & on) as collateral, mere chattel, for the debt created by government officials who committed treason in doing so. We were never told that they quietly & cleverly changed the rules, even the game itself, & that the world we perceive as real is in fact fictional -& it's all for their benefit. We were never told that the STRAWMAN -a fictional person, a creature of the state -is subject to all the codes, statutes, rules, regulations, ordinances, etc. decreed by government, but that WE, the real man & woman, are not. We were never told we were being treated as property, as slaves (albeit comfortably for some), while living in the land of the free -& that we could, easily, walk away from the fraud.
WE WERE NEVER TOLD, WE WERE BEING ABUSED!
How does that make you feel?
There's something else you should know: Everything, since June 1933, operates in COMMERCE! Why is this important? Commerce is based on agreement, contract. Government has an implied agreement with the Strawman (government's creation) & the Strawman is subject to government rule, as we illustrated above. But when we, the real flesh & blood man & woman, step into their "process" we become the "surety" for the fictional Strawman. Reality & fiction are reversed. We then become liable for the debts, liabilities & obligations of the Strawman, relinquishing our real (protected) character as we stand up for the fictional Strawman.
So that we can once again place the Strawman in the fictional world & ourselves in the real world (with all our "shields" in place against fictional government) we must send a nonnegotiable (private) "Charge Back" & a nonnegotiable "Bill of Exchange" to the United States Secretary of Treasury, along with a copy of our birth certificate, the evidence, the MCO, of the Strawman. By doing this we discharge our portion of the public debt, releasing US, the real man, from the debts, liabilities & obligations of the Strawman. Those debts, liabilities & obligations exist in the fictional commercial world of "book entries", on computers &/or in paper ledgers. It is a world of "digits" & "notes", not of money & substance. Property of the real man once again becomes tax exempt & free from levy, as it must be in accord with HJR-192.
Sending the nonnegotiable Charge Back & Bill of Exchange accesses our Treasury Direct Account (TDA). What is our TDA? Let's go to Title 26 USC & take a look at section 163(h)(3)(B)(ii), $1,000,000 limitation: "The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 ($500,000 in the case of a married individual filing a separate return)."
This $1,000,000 (one million) account is for the Strawman, the fictional "person" with the name in all caps &/or last name first. It is there for the purpose of making book entries, to move figures, "digits" from one side of ledgers to the other. Without constant movement a shark will die & quite ironically, like the shark, there must also be constant movement in commerce, or it too will die. Figures, digits, the entries in ledgers must move from asset side to debit side & back again, or commerce dies. No movement, no commerce.
The fictional persona of government can only function in a fictional commercial world, one where there is no real money, only fictional funds ... mere entries, figures, & digits.
A presentment from fictional government -from traffic citation to criminal charges -is a negative, commercial "claim" against the Strawman. This "claim" takes place in the commercial, fictional world of government. "Digits" move from one side of your Strawman account to the other, or to a different account. This is today's commerce.
In the past we have addressed these "claims" by fighting them in court, with one "legal process" or another, & failed. We have played the futile, legalistic, dog-&-pony show -a very clever distraction -while the commerce game played on.
But what if we refused to play dog-&-pony, & played the commerce game instead? What if we learned how to control the flow & movement of entries, figures, & digits, for our own benefit? Is that possible? And if so, how? How can the real man in the real world, function in the fictional world in which the commerce game exists?
When in commerce do as commerce does, use the Uniform Commercial Code (UCC)? The UCC-1 Financing Statement is the one contract in the world that can NOT be broken & it's the foundation of the Accepted For Value process. The power of this document is awesome.
Since the TDA exists for the Strawman -who, until now, has been controlled by government - WE can gain control (& ownership) of the Strawman by first activating the TDA & then filing an UCC-1 Financing Statement. This does two things for US.
First, by activating the TDA we gain limited control over the funds in the account. This allows US to also move entries, figures, & digits ... for OUR benefit.
Secondly, by properly filing an UCC-1 Financing Statement we can become the holder in due course of the Strawman. This gives us virtual ownership of the government created entity. So what? What does it all mean?
Remember earlier we mentioned that a presentment from government or one of its agents or agencies was a negative commercial claim against the Strawman (& the Strawman's account, the TDA)? Remember we told you entries, figures, & digits moved from one side of the account to the other, or to a different account? Well now, with the Strawman under our control, government has no access to the TDA & they also lose their go-between, their liaison, their "connection" to the real, living man & woman. From now on, when presented with a "claim" (presentment) from government, we will agree with it (this removes the "controversy") & we will ACCEPT IT FOR VALUE. By doing this we remove the negative claim against our account & become the "holder in due course" of the presentment. As holder in due course you can require the sworn testimony of the presenter of the "claim" (under penalty of perjury) & request the account be properly adjusted.
It's all business, a commercial undertaking, & the basic procedure is not complicated. In fact, it's fairly simple. We just have to remember a few things, like: this is not a "legal" procedure -we're not playing dog-&-pony. This is commerce, & we play by the rules of commerce. We accept the "claim", become the holder in due course, & challenge whether or not the presenter of the claim had/has the proper authority (the Order) to make the claim (debit our account) in the first place. When they cannot produce the Order (they never can, it was never issued) we request the account be properly adjusted (the charge, the "claim " goes away).
If they don't adjust the account a request is made for the bookkeeping records showing where the funds in question were assigned. This is done by requesting the Fiduciary Tax Estimate & the Fiduciary Tax Return for this claim. Since the claim has been accepted for value & is prepaid, & our TDA account is exempt from levy, the request for the Fiduciary Tax Estimate & the Fiduciary Tax Return is valid because the information is necessary in determining who is delinquent &/or making claims on the account. If there is no record of the Fiduciary Tax Estimate & the Fiduciary Tax Return, we then request the individual tax estimates & individual tax returns to determine if there is any delinquency.
If we receive no favorable response to the above requests, we will then file a currency report on the amount claimed/assessed against our account & begin the commercial process that will force them to either do what's required or lose everything they own -except for the clothing they are wearing at the time. This is the power of contracts (commerce) & it should be mentioned, at least this one time, that a contract overrides the Constitution, the Bill of Rights, & any other document other than another contract. We should also mention that no process of law -"color" of law under present codes, statutes, rules, regulations, ordinances, etc. - can operate upon you, no agent &/or agency of government (including courts) can gain jurisdiction over you, WITHOUT YOUR CONSENT. You, (we) are not within their fictional commercial venue.
The Accepted for Value process, however, gives us the ability to deal with "them" -through the use of our transmitting utility/go-between, the Strawman -& hold them accountable in their own commercial world, for any action(s) they attempt to take against us. Without a proper Order, & now we know they're not in possession of such a document, they must leave us alone ... or pay the consequences.
Yes, this process IS powerful.
Yes, it CAN set us free from government oppression & control.
But remember: "What goes around, comes around". "Do unto others, as you have others do unto you." It's simple, folks, DO NOT ABUSE THIS PROCESS ... if you do it could come around & bite you.
Redemption - A Traffic Win!
This is an update to the following 'win!' on or about April 18, 2000. It has come to my attention that a fellow I will call Tom, who lives in Colorado, had himself a couple of traffic tickets. This is a paraphrased scenario or what transpired when he went to court.
Tom took a security interest in his vehicle, accepted for value the Certificate of Title, & surrendered the plates, the tags, the VIN number, & the license back to the State MVD! Tom sent a letter asking for the Title back. Silence! Default! Tom then asked, by letter, for the State to 'release the value' to him. Again silence. Default! Tom also took a security interest in his d.b.a. in his 'Trade-name' (the unregistered fictitious business name entity). While driving around (trolling) got pulled over & received three tickets! No Drivers License, No registration, No plates, No Insurance! Car impounded!
Judge called case... "Are you so & so?" Tom responding: "I'm a little confused, are you addressing the debtor or the creditor? .... I am here as a tertius interveniens in this matter."
Judge laughing: "I never heard of the words you just used. What do they mean?" Tom responding: "I am here as a third party interferon in what I see as a 'dispute of title'".
Judge, no longer laughing: "This case is dismissed- get out of my courtroom!"
But Tom had already provided a copy of his 'certified UCC-1 & security agreement to the bailiff & the prosecutor.
The prosecutor follows Tom out to the parking lot & asks Tom to call him on Tuesday, to clear up the charges against him & 'resolve this matter' & hands him his business card.
Tom calls the prosecutor on Tuesday & the prosecutor explains. "All the charges have been dismissed & that no one in law enforcement in this entire county will mess with you again, but we can't guarantee what may happen in the next county over or the rest of the state, but here, no one is going to mess with you!"
Good day!
Redemption Win - Partial? IRS Says We Don't Need the Money the Account Has Been Paid!
This report comes through BBC about a fellow & his wife in Palm Springs, California. Richard P. & his wife had done their UCC-I & acceptance for value on their IRS situation. Richard had liens against himself & his business with a payment plan in process. His wife handled the payments every month to the IRS.
The wife gets a call from the IRS, the 'agent' says we got your check, what are you doing? You don't owe us any money; your account is settled in full! Wife says what? Yes, your paid up, don't worry about it! Wife then said, well if this true, then I want it in writing & two days later she received a letter & a release of lien. Plus the IRS had to cut a return check back! The IRS had liened his social security, & then the California Franchise Tax Board had liened his wife's income.
While Richard is trying to read between the lines as to this transaction, he's hoping that the IRS will explain why the liens were satisfied, a term used by the IRS agent!
While the little amount of money taken by the IRS certainly was not enough to satisfy the $300,000.00 in taxes the IRS said Richard owed, but yet, the IRS agent stated that the liens were satisfied!
As other details become available, we'll let you know.
REDEMPTION SUCCESS TRAFFIC WIN!
This is traffic case, in Lincoln County in Oregon State. On November 22, 1999, at about 10:00. I was sitting in my pickup just off of highway 20, looking across a field at a U--Haul truck, when a Sheriff's Deputy pulled up to the Mail Box across the road from me. He waited till I left, then followed me to my turn off & stopped me with all the flashing lights! He issued a ticket for driving while suspended for $295.00. He then recognized me by sight from a traffic stop & arrest a few years back.
On December 8, 1999, was arraignment, but that was to no avail, as the Judge said "to look for a letter for a date for trial!" Trial date was set for March 9, 2000, in Courtroom 302, at 8:30 a.m., with Judge Bennett. This date was over three months later. I had done my paper work ahead telling the Judge "I would be there in special visitation & that I had a superior claim in this matter."
At one point during the proceeding in the trial, the Judge said the paper work was immaterial but he had read it." Present in the Courtroom there was my wife, a friend, the Judge, the Clerk, the Sheriff Deputy, & myself. Time allotted for this trial was from 8:30 to 10:00 a.m. The Sheriffs Deputy was the first in the Courtroom, then my wife & I. We chatted for awhile with the deputy, as the Judge was late, my friend entered & the Judge & Clerk then entered & the trial began. The Judge swore the deputy in & asked him to proceed with what had happened. Then the Judge addressed me; I was not in the bar. At this point I asked the Judge, "may I have your name?" Judge says, "you know my name," I asked again for his name, Judge says, "Fredrick L. Benno". I then said, "I'm here in Special Visitation & my name is, capital "M" lower case "a", "c", capital "E" lower case, etc". The judge asked me if I would come into the bar, I asked him "are you ordering me in?" He asked me again, & I went past the bar & sat down. At that point I went through my scenario on my appearance & name again, Judge asked me "do you want to ask the deputy any questions?" The judge swore me in first under the penalties of perjury. First question was, "do you have a claim against me?" Deputy's response was, "I don't know how to answer that." Second question, "do you have a claim against me?" Deputy's response, "I can't answer that!" My response, "its either yes or no!" Deputy said "maybe the State of Oregon!" At this point I was a little huffy & very loud, I said, "I want the STATE OF OREGON on that stand so I can cross examine the STATE OF OREGON!"
Nothing happened, at that point, so I said it again, nothing happened, then I said "I'm not in privity with my STRAWMAN & I have an aggregate relationship with the STRAWMAN, does anyone have a claim against me or any one in this courthouse have a claim against Me?" "My business is finished here & I want the Order of the court", things happened very fast after I said that. The Judge says, "Mister Fournier, there is no proof that this infraction was committed in LINCOLN COUNTY, case dismissed!" This all took less than 15 minutes. The entry on the REGISTER says, "Failure Establish Venue!"
WE CHALLENGE ANYONE TO DISPROVE THESE FACTS ABOUT INCOME TAX LAW
FACT 1. RESIDENTS OF THE STATES OF THE UNION ARE NOT REQUIRED BY LAW TO FILE FORMS 1040 AND THEY ARE NOT LIABLE FOR THE PAYMENT OF A TAX ON "INCOME" UNLESS THEY ARE WITHHOLDING AGENTS. There is no provision in the Internal Revenue Code imposing an "income" tax on monies received by citizens or resident aliens residing within the states of the union, regardless of the amount, unless the money is received on behalf of, or paid to, a nonresident alien, or other foreign entity.
FACT 2. AMERICANS ARE MISLED & DECEIVED INTO BELIEVING THAT THE "INCOME" TAX APPLIES TO THE GENERAL PUBLIC. For years, the Internal Revenue Service has RULED the American people in a manner equaled only by the Nazi Gestapo. FEAR & BLUFF have been the major weapons. Americans have been led to believe that they owe a tax on their earnings; that it is their "patriotic duty" to pay it, & that there is no alternative to the I.R.S.'s abuse. These beliefs are simply untrue. Because accountants, tax prepares, & others profit from the fraudulent misapplication of the law, most of them are reluctant to admit the truth about the law when they are confronted with it.
FACT 3. THE I.R.S. ADMITS THAT THE "INCOME" TAX SYSTEM IS DEPENDENT ON THE VOLUNTARY FILING OF TAX RETURNS. In the decision of U.S. v. Flora, 362 U.S. 145, (1960),on p. 176, the U.S. Supreme Court stated: Our system of taxation is based on voluntary assessment & payment, not upon distraint. If a law requires you to do something, your compliance with the law is mandatory, not voluntary. But if a law requires certain other people, (not you) to do something, then your compliance with that law is voluntary. The I.R.S. has repeatedly stated that: The mission of the Internal Revenue Service is to encourage & achieve the highest possible degree of 'VOLUNTARY COMPLIANCE' with the tax laws & regulations... (I.R. Manual Sec. 1111.1)
FACT 4. CITIZENS IMPOSE AN "INCOME" TAX ON THEMSELVES WHEN THEY VOLUNTARILY FILE A 1040 INCOME TAX RETURN. Citizens voluntarily comply & "self assess " a tax upon themselves when they file a 1040 tax return, thereby acknowledging under penalty of perjury that they owe a tax that the I.R.S. Code does not impose on them.
FACT 5. THE CONSTITUTION FORBIDS THE U.S. GOVERNMENT TO IMPOSE ANY DIRECT TAX ON THE PEOPLE IN THE STATES OF THE UNION. Two provisions in the U.S. Constitution prohibit the imposition of direct taxes on the people or their property by the U.S. government. The first is Article 1, Section 2, Clause 3, which requires the amount of any direct tax to be divided among the state governments In proportion to the population of each state. The second provision is in Article 1, Section 9, Clause 4, which prohibits any capitation tax (a tax on people) or other direct tax unless apportioned among the states. Direct taxes have been imposed only five times in U.S. history. All were imposed on state governments (not individuals). The last direct tax was imposed in 1861.
FACT 6. THE U. S. SUPREME COURT RULED THAT THE "INCOME" TAX IS CONSTITUTIONAL AS AN INDIRECT (EXCISE) TAX, BUT NOT AS A DIRECT TAX (a tax on the general public). In the 1916 decisions of Brushaber v. Union Pacific R.R. 240 U.S. 1, & Stanton v. Baltic Mining, 240 U.S. 103, the U.S. Supreme Court ruled that the 16th Amendment (the "income" tax amendment) to the U.S. Constitution created no new power of taxation & that it did not amend or nullify the constitutional prohibition against direct taxation of the people within the slates of the union. The Court ruled that the "income" tax is constitutional as an indirect excise tax on the receipts of foreigners, but not as a direct tax on the American people. In the decision of Flint v. Stone Tracy Co. 220 U.S. 107, the U.S. Supreme Court defined an "excise" as a tax on activities involving the exercise of a privilege.
FACT 7. THE I.R.S. ADMITS THAT THE BRUSHABER DECISION RELATES TO "INCOME" ACCRUING TO NONRESIDENT ALIENS ONLY. Treasury Decision 2313, issued Mar. 21, 1916 by the Commissioner of Internal Revenue to inform collectors of internal revenue of the significance of the Brushaber decision states: Under the decision of the Supreme Court of the United States in the case of Brushaber v. Union Pacific Railway Co., decided January 21, 1916, it is hereby hold that income accruing to nonresident aliens in the form of interest from the bonds & dividends on the stock of domestic corporations is subject to the income tax imposed by the act of October 3, 1913. TD 2313 also states: The responsible heads, agents, or representatives of nonresident aliens, who are in charge of the property owned or business raffled on within the United States, shall make (file) a full & complete return of the income therefrom on Form 1040, revised, & shall pay any & all tax, normal & additional, assessed upon the income received by them in behalf of their nonresident alien principals. This document shows that the "withholding agent" receiving "income" on behalf of a nonresident alien, must pay the tax & file a 1040 for his nonresident alien principal.
FACT 8. FORM 1040 IS AN INCOME TAX RETURN FOR NONRESIDENT ALIENS. IR Code Sec. 871 (a) imposes a tax of 30% on the amount received by non-resident aliens from sources within the United States. Sec 871 (b) states that the nonresident alien shall be taxable under Sec. 1, thus authorizing the use of the charts in Sec. 1 to compute & reduce his tax, so he can get a tax refund from the 30% which is withheld under the provisions of Sec 1441. Also, under I.R.S. Code Sec. 874 (a), the nonresident alien is entitled to the benefit of deductions & credits by filing or having his agent file, a 1040, as stated in TID 2313.
FACT 9. "INCOME" IS MONEY RECEIVED ON BEHALF OF, OR PAID TO, A NONRESIDENT ALIEN. I. R. Code Sec. 1441 (a) & (b) state that ... interest, ...dividends, refit, salaries, wages, premium annuities, compensations, remuneration's, emoluments, or other fixed or determinable annual or periodic gains, & profits... are "income" when received on behalf of, or paid to, a nonresident alien or other foreign entity. Also, courts have ruled that profits of corporations are "income". But... There is no provision in the I.R.S. Code stating that receipts belonging to citizens or residents of the country are "income". Thus, a citizen's own receipts are not "income", "gross income", or "taxable income" under the I.R.S. Code. Within the states "Income" is property derived from activities Involving the exercise of a government granted privilege.
FACT 10. IT IS A PRIVILEGE FOR A NONRESIDENT ALIEN TO DO BUSINESS, TO INVEST, OR TO WORK IN THE USA The U.S. government can prohibit foreigners from working, investing, or doing business within this country, & allowing such activity is a privilege subject to an excise tax, similar to the government granted privilege to do business as a corporation. But Americans have a nontaxable RIGHT to work, invest or do business in this country. The U.S. Supreme Court in Murdoch v. Pennsylvania, 319 U.S.105 stated: A state may not impose a tax for the enjoyment of a right granted by the Federal Constitution.
FACT 11. THE "INCOME" TAX IS AN INDIRECT EXCISE TAX ON PRIVILEGED ACTIVITIES, NOT ON "INCOME". THE "INCOME" IS MERELY THE MEASURE OF THE TAX. The CONGRESSIONAL RECORD, Volume 89, Part 2, on page 2580 for March 27, 1943 states: The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities & privileges which is measuredly reference to the income, which they produce. The income is not to subject of the tax; it is the basis for determining the amount of the tax. The U.S. Supreme Court in the decision of Flint v. Stone Tracy Co., 220 U.S. 107, in discussing income tax as an excise tax, stated on p. 165 It is therefore well settled by the decisions of this court that when the sovereign authority has exercised the right to tax a legitimate subject of taxation as an exercise of a franchise or privilege, it is no objection that the measure of taxation is found in the income.
FACT 12. WITHHOLDING AGENTS ARE REQUIRED TO WITHHOLD FROM PAYMENTS OF "INCOME" TO FOREIGN PERSONS ONLY. IRS Code Sec. 7701(a)(16) states: The term "withholding agent" means any person required to deduct & withhold any tax under the provisions of sections 1441, 1442, 1443, or 1461. These sections apply to money received on behalf of, or paid to, nonresident aliens, foreign partnerships, foreign corporations, & other foreign entities only, not to money received by citizens on their own behalf. Because the U.S. Government has no authority over foreign citizens living in a foreign country, the only individuals who can be required to deduct & withhold the tax on foreigner's receipts & can be made liable for payment of the tax are withholding agents who are within this country.
FACT 13. THE ONLY PERSON MADE LIABLE IN THE INTERNAL REVENUE CODE FOR PAYMENT OF "INCOME" TAX IS A WITHHOLDING AGENT. Subtitle A of the I.R.S. Code contains the provisions of the law imposing "income" tax. In Subtitle A, Sec.1 461 is the only section making any person liable for (subject to) payment of "income" tax. The only individual made liable is the "withholding agent" he is required to withhold from "income" of foreign persons, ONLY.
FACT 14. THE ONLY WAY A PERSON CAN BE "MADE LIABLE" FOR ANY INTERNAL REVENUE TAX IS BY A PROVISION IN THE LAW. (a statute) ...In the decision of Botta v. Scanlon, 288 F. 2d 509 (1961), the United States Court of Appeals explained that there is only one way that a tax liability can be created. It stated... Moreover, even the collection of taxes should be exacted only from persons upon whom a tax liability is imposed by some statute. In Sutherland's Rules of Statutory Construction, an authoritative reference book on interpretation of statutes, section 66.03 states: ... the obligation to pay taxes arises only by force of legislation... Legislative action is the passage of a statute (a law). For anyone to be "liable" for income tax, It must be so stated in the I.R.S. Code.
FACT 15. PROVISIONS MAKING ANYONE LIABLE FOR PAYMENT OF A TAX MUST BE STATED IN CLEAR UNDERSTANDABLE LANGUAGE. In the decision of Higley v. Commissioner of Internal Revenue, 69 F.2d 160, head note 2 states: Liability for taxation must clearly appear from statute imposing tax. Sutherland's Rules of Statutory Construction, under Section 66.01 filled, "Strict construction of statutes creating tax liabilities." refers to the U.S. Supreme Court decision of Gould v. Gould, 245 U.S. 151, which states: In the interpretation of statutes levying taxes it is the established rule not to extend their provisions by implication beyond the clear import of the language used, or to enlarge their operation so as to embrace matters not specifically pointed out. In case of doubt they are construed most strong against the government & in favor of the citizen.
FACT 16. I.R.S. CODE PROVISIONS IMPOSING LIABILITY ARE CLEARLY STATED AND USE THE WORD "LIABLE". The word "liable" is found in I.R.S. Code Sections 4401 (c), 5005(a), 5703(a) & 1461, which create liabilities for wagering tax, distilled spirits tax, tobacco tax, & "income" tax, respectively. Section 1461 is the ONLY section in the I.R.S. Code imposing a liability for payment of "income" tax. That section applies to WITHHOLDING AGENTS ONLY (those required by Sec 1441 to deduct & withhold from payments of "income" owed to foreign persons). Sec. 1461 states: Every person required to deduct & withhold any tax under this chapter is hereby made liable for such tax.
FACT 17. I.R.S. PUBLICATION 515 EXPLAINS THAT WITHHOLDING APPLIES TO MONIES OWED TO FOREIGN PERSONS ONLY, NOT TO CITIZENS OR RESIDENTS OF THE UNITED STATES. Page 2 of IRS Publication 515 instructs those who pay wages, rents, dividends, Interest, etc. that... if an individual gives you a written statement, in duplicate, stating that he or she is a CITIZEN or RESIDENT of the United States, & you do not know otherwise, you may accept this statement & are relieved from the duty of withholding the tax.
FACT 18. I.R.S. CODE CHAPTER # 24, PROVIDES FOR WITHHOLDING FROM "EMPLOYEES". IT DOES NOT APPLY TO ANY NON-GOVERNMENT EMPLOYEE OR EMPLOYER. (See Sec. 3401 (c) & (d)) Chapter 24 of the I.R.S. Code contains provisions that authorize the U.S. Government, the District of Columbia, their agencies & instrumentality's, to set up & administer a voluntary withholding system for their employees. Without such statutory authority, no official of the government could legally create a withholding system in government. Please note - Chapter 24 imposes NO tax on any government or non-government employee.
FACT 19. THERE IS NO AUTHORITY TO WITHHOLD MONEY FROM A CITIZEN OR RESIDENT OF THE UNITED STATES UNLESS HE AUTHORIZES IT. The Fifth Amendment to the Bill of Rights of the U.S. Constitution, states that no Individual can be deprived of property without due process of law (a hearing in a court of law). The ONLY way a United States citizen or resident alien can legally have "income" tax withheld from his pay, is if he authorizes it by voluntarily signing an IRS Form W-4, "Employee's Withholding Allowance Certificate," thus indicating that he is in the same status as a nonresident alien. That is why the IRS pressures employers to obtain the voluntary execution of IRS Form W-4 by all people being hired. However, no federal law or regulation requires any individual to sign a Form W-4 to quality for a job.
FACT 20. CITIZENS LIVING AND WORKING ABROAD ARE SUBJECT TO "INCOME" TAX. The U.S. Supreme Court in the decision of Cook v. Tait, 265 U.S. 47 (1924), ruled that: Congress has power to tax the income received by a native citizen of to United States domiciled abroad from property situated abroad. The constitutional prohibition of un-apportioned direct taxes within the states of the union does not apply in foreign countries.
FACT 21. A RETURN FOR CITIZENS LIVING AND WORKING ABROAD IS THE ONLY RETURN REQUIRED TO BE FILED BY CITIZENS UNDER SEC. 1 OF THE I.R.S. CODE. The Paperwork Reduction Act requires that any form on which Information is required to be submitted must first be approved by the Office Of Management & Budget & must be given an "OMB" number. The chart listing the OMB numbers of the forms required to be used for compliance with the various I. R. Code sections is found in Chapter 600 of the I.R.S. Regulations. That chart shows there is only ONE FORM REQUIRED to be filed by citizens for compliance with Sec. 1, which contains the same tax tables that are found in the 1040 instruction booklet. That form is identified by OMB number 1545-0067, which is on Form 2555, a return to be filed by citizens living & working abroad.
FACT 22. CRIMINAL INVESTIGATIONS FOR INCOME TAX APPLY TO CITIZENS LIVING ABROAD AND NONRESIDENT ALIENS ONLY. Internal Revenue Manual (1-6-87) Sec.1132.75, describes the limited scope of criminal investigations. It states: The Criminal Investigations Branch enforces the criminal statute applicable to income, estate, gift, employment, & excise tax laws... "involving United States citizens residing In foreign countries & nonresident aliens subject to Federal income tax filing requirements...."
FACT 23. TO UNDERSTAND THE I.R.S. CODE, ONE MUST LEARN WHICH WORDS ARE USED IN THE CODE AS LEGAL TERMS. In the I.R.S. Code, many words of common usage are used as legal terms that have meanings more limited in their application than when defined for common usage. Words such as taxpayer, taxable income, taxable year, employee, employer, wages, United States, State, person, etc. are legal terms that have limited meanings when used in the Code. Some legal terms have different meanings when used in different parts of the Code. To understand the true meaning of the code, it is necessary to learn the various definitions of those terms & where in the Code the definitions apply..
FACT 24. THE I.R.S. CODE APPLIES TO "TAXPAYERS" ONLY (those who are "made liable" for a tax by a statute). This fact has been clearly stated through the years in many court decisions Including Long v. Reassumes, 281 F. 236 (1922), Stuart v. Chinese Chamber of Commerce of Phoenix, 168 F.2d 712 (1948), First National Bank of Emlenton, Pa. v. U. S., 161 F. Supp. 847 (1958), Botta v. Scanlon, 288 F.2d 509 (1961), & Economy Plumbing v. U.S., 470 F.2d 589 (1972) "Taxpayer" (one word not two), is a legal term defined in I.R.S. Code Sec 7701 (a) (14) which states: The term "taxpayer" means any person subject to any Internal revenue tax. For a person to be subject to a tax, there must be a provision in the law stating clearly that his activity makes him "liable" for the tax. Paying a tax such as a sales tax or real estate tax does not place one in the legal status of "taxpayer" as that term is used in the I R Code.
FACT 25. THE TERMS "TAXABLE INCOME" AND "TAXABLE YEAR" APPLY TO "TAXPAYERS" ONLY. These terms, defined in I.R.S. Code Sec. 441 (a) & (b), apply to "taxpayers" only, & to those who file returns, thus stating (in effect) under penalty of perjury, that they are "taxpayers". Also, "Taxable year" is a key legal term in Sec. 6012(a)(1), a section that the I.R.S. cites when claiming that individuals are required to file income tax returns. Since a withholding agent is the only person in the I.R.S. Code "made liable" for payment of income, he is the only individual in the legal status of "taxpayer" in respect to "income tax" thus a withholding agent is the only one who has a "taxable year" under Sec.6012 (a)(1).
FACT 26. CERTAIN "PERSON(S)" ONLY ARE SUBJECT TO CRIMINAL PENALTIES Those "person(s)" who are subject to the criminal penalties in the Code are defined & limited by I.R.S. Code Sec. 7343 to those required to act on behalf of a corporation or partnership. Sec. 7343 states: The term person' as used in this chapter includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs. When an individual is not in such a capacity, his prosecution under the Code is illegal.
FACT 27. KARL MARX WROTE IN HIS COMMUNIST MANIFESTO 10 PLANKS NEEDED TO CREATE A COMMUNIST STATE. THE FIRST PLANK WAS THE ABOLITION OF THE RIGHT TO OWN PROPERTY. THE SECOND PLANK WAS A PROGRESSIVE INCOME TAX. If the government could legally tax citizens' earnings, government would then have first claim on those earnings (his property). His circumstances would be like the slave who is allowed to have only that which is left after the master takes whatever he wants.
CONCLUSION It is morally wrong for the government to intimidate & deceive the people into believing that they must pay an "income" tax that is forbidden by the U.S. Constitution to be imposed on the general public. Officials who are notified, or become aware of the IRS's illegal action to force ordinary citizens to pay an "income" tax, who then do nothing to stop it, violate their oaths of office to uphold & enforce the Constitution. (Facts 5 & 6)
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