Income Tax Information
 
By:
Joe Schiaffino
Date:
05/18/2000


INCOME TAX INFORMATION

This section contains an Introductory article, five information specific articles, and a final article discussing resources used for this entire section. In order to further expose you to the TRUTH about the income tax, I have included three questions at the bottom of this page for you to send to your U.S. Representative, your U.S. Senator, and the IRS. Their replies should convince you that the information you are about to read is correct. Everything you will read in this section can be easily verified since the vast majority of information is taken from only three sources; the Constitution for the United States, the Internal Revenue Code (Title 26) and its regulations, and United States Supreme Court decisions. There is a total of twenty-six pages worth of information for you to study.


INTRODUCTION

TAXPAYER or NONTAXPAYER?

"The revenue laws are a code or system in regulation of tax assessment and collection. THEY RELATE TO TAXPAYERS, AND NOT NONTAXPAYERS. The latter are without their scope. NO PROCEDURE IS PRESCRIBED FOR NONTAXPAYERS, and NO attempt is made to ANNUL any of their RIGHTS and remedies in due course of law. With them Congress does not assume to deal, and they are neither of the SUBJECT nor of the OBJECT of the revenue laws." [Emphasis added.] Long v. Rasmussen, 281 F.236, at 238 (1922). Economy Plumbing and Heating v. U.S., 470 F.2d 585, at 589 (1972).



The title of this introduction raises a legitimate question, the answer on which hinges your freedom to use and dispose of your property as you see fit. But first, I would like to establish whose money or property we are talking about. Most Americans earn a living by exchanging some form of their labor for money. Does this money one earns belong to them or to the government? If you have earned the money, then by right it is yours to do with as you please. The only lawful way another person can lay claim to your money is if you have voluntarily incurred some debt which gives that person a legal claim to the money you owe
them.

If a man walked up to you in the street with gun in hand and demanded your money, you would most likely give it to him. His criminal act is morally and legally wrong, and none of us would concede that he had any right to our money. Yet, many Americans are paying a tax that was never voted into existence. They mistakenly do this by conceding power to the government, but not under any law.

If you support the validity of direct taxes on your property, again, as most Americans mistakenly do, then you support the idea that you do not own the money you earn. Consider that money is property, and if you do not control the use and disposal of that property, then you do not own it. Once you concede you do not have the right to use and dispose of the money you earn, which is what you do when you sanction a direct tax on your property, then you only get to keep whatever money the state will allow you to keep; in effect you are like a child on an allowance. Now, having surrendered your right to keep the money you have earned, you are reduced to arguing over how much of your money the state will allow you to keep. Is this freedom?

How did we arrive at this point? Up until about fifty years ago, few Americans paid direct taxes on their earnings. During W.W. II, our government instituted what was known as the "Victory Tax" which provided badly needed revenue to finance the war effort. The legislation provided for voluntary withholding and payment of this tax. The fact that the tax was temporary and voluntary made it acceptable and so was sold to the general public as a patriotic duty under emergency measures. The legislation implementing this tax provided for its elimination whenever the war ended. However, because the war debt was not paid off immediately, Americans continued to fill out the forms and pay the tax long after the war ended. Since then, we have been told that the tax code is too complicated for the average American to contemplate, so we rely on so-called experts to decipher the alleged intricacies of the tax code for us.
Consequently, most Americans believe direct taxes on their property are both necessary and constitutional, as they cannot fathom how government could possibly be financed without them.

Let us return to our reliance on so-called experts for tax advice. These accountants, lawyers, government employees, (whom I might add have a vested interest in the perpetuation of the status quo) and the complicit media act as if the information they relate to us mere mortals is somehow beyond our comprehension. Our relationship is like that of the high priests in pharaoh's Egypt to his people; only the priests knew the secrets which regulated the lives of pharaoh's subjects. How many of you have actually seen, let alone read the Internal Revenue Code known also as Title 26? How about its implementing regulations contained in the Code of Federal Regulations?

Well guess what? The Internal Revenue Code is actually quite easy to comprehend. Once you read it and its companion regulations, you will realize that contrary to popular belief, it actually excludes and exempts Americans living and working in the United States from paying an income tax on their earnings. This is the real reason behind the government and media drive to convince Americans that they cannot comprehend the tax code. They don't want you to read it! This is also the reason behind the accelerating drive for a flat tax or a national sales tax. If one was not aware of the truth, then of course either of those proposed alternatives might be better than what we have now.

But, when one realizes the truth that they are most likely not required to pay an individual income tax in the first place, why would anyone support either of the alternatives. The government and our faceless and equally deceived servants in the Congress know that increasing numbers of Americans are indeed learning the truth and no longer paying the individual income tax. These legislators are desperate to preserve their revenue stream from tax collection to support their exuberant spending practices, and so they can continue to regulate our lives, redistribute our wealth, and hand out special favors. Is that the kind of freedom you want to pay for? Freedom from control of your own money and own future? Again, this is the real reason behind the drive for an alternative tax system.

If you cherish your freedom as I do mine, you will give serious consideration to the following information which I would like to preface with a brief discussion of the law. Our American system relies on "positive" laws. That is, our laws state who is required to do such and such a thing. Also, our laws state what actions are illegal or impermissible. Note that our laws are not required to state who is not to do any specific thing. Thus, if you are not legally required by a written "positive" law to do something, you are excluded from or not subject to that law. Any lawyer will confirm this fact. Now, fasten your seatbelt, get ready for the TRUTH, and see if the income tax was EVER imposed on you and your money. Decide for yourself if it is time to stop playing politics as usual with your financial future, and instead, time to reassert your constitutionally protected, God-given freedom.

The following articles may be accessed by double-clicking any one you want.

1. THE CONSTITUTIONAL BASIS OF TAXATION

2. THE STATUTORY BASIS OF THE INCOME TAX

3. TAX WITHHOLDING IS VOLUNTARY

4. SOCIAL SECURITY IS VOLUNTARY

5. WHAT HAPPENS IF ...

6. RESOURCES

In section 1 you will learn what the Constitution has to say about taxation and read how the Supreme Court has supported that constitutional basis of taxation.

Section 2 will show you the precise statutes in the Internal Revenue Code which describe who is liable to pay income taxes and file income tax returns. A brief discussion of state income taxes concludes this section.

Section 3 will show you when withholding is required, again using the precise statutes in the Internal Revenue Code. It will also show you the simple steps to stop withholding of taxes from your paycheck, again using the precise statutes.

Section 4 is an article explaining the history of Social Security and includes the precise statutes demonstrating the voluntary nature of this government program.

Section 5 takes you step by step what happens if you decide to no longer file income tax returns. You will see exactly how the Internal Revenue Service will respond, and what responses you are required to make. This section can take the fear of uncertainty out of the decision.

Section 6 will list several resources to verify the information on this disk, including Cornell University?s website, the Legal Information Institute (LII) which among other things contains links to all 50 U.S. Titles including the Internal Revenue Code Title 26, the Code of Federal Regulations which contain the regulations used to implement the laws contained in the Code, and access to Supreme Court decisions.

3 SIMPLE QUESTIONS

The following are 3 simple questions to ask your U.S. Representative, your U.S. Senator, and the IRS. Also, you might want to have your accountant / tax preparer and / or attorney answer these 3 simple questions:

(1) Please provide me with the specific statute and implementing federal regulation which imposes upon me ( a citizen of the United States specifically living and working in the U.S. deriving income from U.S. sources) a liability for the payment of an income tax.

(2) Please provide me ( a citizen of the United States specifically living and working in the U.S. deriving income from U.S. sources) with the specific statute and implementing federal regulation which imposes upon me a liability for the filing of an 'income tax return'.

(3) Please provide me ( a citizen of the United States) with the specific statute and implementing federal regulation which imposes upon me a requirement to join the 'Social Security Program' and/or obtain a Social Security Number. [Even though you may be retired, it would be wise to get an answer to this question because if there is no law requiring anyone to join, and everyone opts out, where will the money come to pay all those retired folks?]

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NOTE: The information contained in these articles is not intended as legal advice. Do not use any information provided without first studying, understanding, and making your own decision regarding whether or not any mentioned procedure is appropriate in your own situation(s).

Permission is hereby granted to reproduce this information for distribution.


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