[It is false] that the 16th Amendment to the U.S. Constitution - the so called "INCOME TAX" amendment - AUTHORIZED the income tax. Not according to the SUPREME COURT, it didn’t ! The high court ruled in 1916 in STANTON vs. BALTIC MINING - a case that has NEVER been overturned - that the 16th Amendment conferred, and I quote: "... no new power of taxation".Imagine that ! The highest court in the land ruling that the 16th changed absolutely NOTHING ! Why not ? Because the 16th Amendment did NOT REPEAL Article 1, Section 2 Clause 3 or Article 1, Section 9, Clause 4 of the Constitution, which absolutely FORBID Congress from DIRECTLY taxing a U.S. citizen ! So why WAS the 16th written? to create the ILLUSION of a new authority to directly tax U.S. citizens, an illusion upon which the IRS still relies.
[It is false] that the Internal Revenue Code is so bewildering in it’s complexity that it’s beyond the comprehension of mere mortals. That’s simply not true. In fact, I’ve given the code to several TWELVE-YEAR-OLDS to read and they had NO problem understanding it at ALL ! It’s written in plain English. To understand the code, you simply start with the INDEX. If you’re involved in activities relating to, for example, gifts, trusts, estates or the manufacture of alcohol or tobacco products, go to those chapters and locate the LIABILITY statutes to see what you’re required to file and pay.
However, if you’re NOT involved in those activities, you’re not the "TAXPAYER" of those taxes and can IGNORE those chapters completely. Repeated warnings from the government and the media have probably led you to BELIEVE that EVERYONE has a requirement to file income tax returns and owes their "FAIR SHARE" of the income tax whether they LIKE paying it or not. Otherwise, why would MILLIONS of blank Form 1040’s be piled up each spring in post offices and libraries across America? Why else would the IRS MAIL one to MILLIONS of American homes each year?
So does EVERYONE owe the income tax? Who DID Congress make liable ? Was it YOU ? To see where Congress made the U.S. Citizen working within the fifty states liable for the tax on his OWN "INCOME", simply read chapters through six of the code which cover the tax on "INCOME" and locate the corresponding liability statute. GOOD LUCK, because it doesn’t EXIST ! You can scan the ENTIRE code by computer on a CD-ROM or on-line on the Internet and I GUARANTEE you won’t find it. THOUSANDS have looked with a fine tooth comb and it’s just NOT THERE. If you do not BELIEVE me, try it YOURSELF.
The ONLY liability of the U.S. Citizen is when WITHHOLDING from a FOREIGNER or when working OVERSEAS in a FOREIGN country under a current tax treaty with the U.S. Now, your tax professional may point to code section 1 which imposes the income tax on "individuals", but research the underlying Treasury regulations for code section 1 and you will discover that the "individual" referred to is one with FOREIGN source income ONLY ! Which is why, as outrageous as it may sound, it is absolutely CORRECT to state that, unless in receipt of FOREIGN source income, you are not NOW paying the income tax nor have you EVER paid one DIME in income tax your entire LIFE !
That submitting the W-4 is REQUIRED by law. It’s NOT ! The fact IS that there is NO law requiring ANY worker to execute a Form W-4. It’s STRICTLY ELECTIVE. Of course, it APPEARS mandatory, since most employers won’t hire you without one. why not ? Because they’ve NEVER read the ACTUAL LAW, so they BELIEVE it’s required. The W-4 is a PERMISSION SLIP that allows an "EMPLOYER" - another legally defined term - to withhold taxes from an "EMPLOYEE". So is EVERYONE who hires others AUTOMATICALLY an "EMPLOYER"? No, only one who has signed Form SS-4 "Application For Employer Identification Number". As you may have guessed now, THAT’s not required either ! After all, an application is ALWAYS voluntary, isn’t it? Otherwise, there’d be no reason to apply! The proper paperwork to STOP tax withholding in the workplace is explained in 26 Code of Federal Regulations, section 1.1441-5 and in IRS Publication 515, which in speaking to the withholding agent states:
"If an individual gives you a written statement stating that he or she is a CITIZEN or RESIDENT of the United States, and you do not know OTHERWISE, you do NOT have withhold tax".
Imagine THAT ! One who hires other does NOT need to be an unpaid bookkeeper for the federal government! And a worker doesn’t HAVE to give the government an interest-free loan. Since everyone asks for your Social Security Number, you probably BELIEVE and this is...
BELIEF #11 -- That you are REQUIRED to obtain a number for yourself and your child. Not true and NEVER has been. The fact IS, as the Social Security Administration readily admits in its standard form letter to ANYONE who asks:
"The Social Security Act does NOT require a person to have a Social Security number in order to live and work in the United States, nor does it require a [number] simply for the sake of having one".
Title 42 of the United States Code, Section 405(B)(i) states under Subsection (II) that Social Security Numbers are assigned:
"... to and individual who is an APPLICANT for or recipient of benefits".
There’s NO law that REQUIRES a U.S. citizen to obtain or use a number, or to get one for their child. Shocked? It gets worse. the IRS can’t even establish a record in their computer systems (by law) for any entity that does NOT volunteer to number itself, whether a corporation, a partnership or a natural person. Which is why those choose NOT to apply for a Social Security are non-taxpayers and are NEVER contacted by the IRS their entire LIVES!
BELIEF #12 -- Is that the law REQUIRES EVERYONE to join Social Security and pay Social Security taxes, and that NO one could possibly ever QUIT Social Security. This is perhaps the BIGGEST deceit of all. Walter E. Williams, Distinguished Professor of Economics at George Mason University, wrote:
"All we have to do now is to inform the public that the payment of social security taxes is VOLUNTARY and watch the mass exodus".
Especially when they fully realize the impact of what Dorcas Hardy, former Commissioner of Social Security, wrote in the December 1995 issue of Reader’s Digest:
"There is no prospect that today’s younger workers will receive all the Social Security and Medicare benefits currently promised them".
Tens of THOUSANDS of well informed U.S. citizens have ALREADY quit Social Security - 100% LEGALLY - by submitting an Affidavit of Revocation and Rescission to Secretary of the Treasury, REVOKING their VOLUNTARY application for a Social Security Number.
BELIEF #13 -- Based upon MOST Americans’ ingrained fear of audits, is that you MUST produce your books and records when summoned to appear before the IRS. Not according to the courts. On July 28, 1969, 7th Circuit Court of Appeals Judge Cummings stated in the case U.S. v. Dickerson:
"Only the rare taxpayer would be likely to know that he could REFUSE to produce his records to IRS agents ... Who would believe the ironic truth that the COOPERATIVE taxpayer fares much WORSE than individual who relies upon his constitutional RIGHTS".
The fact IS that the 4th and 5th Amendments to the U.S. Constitution PROTECT your right to privacy in your books and records and your right NOT to be compelled to be a witness AGAINST yourself in a criminal action.
BELIEF #14 -- Is that the IRS has the lawful authority to levy upon the paycheck or bank account of a U.S. citizen. Not according to the Internal Code (Title 26) Section 6331, titled "Levy and Distraint", paragraph (a) states:
"Levy may be made upon the accrues salary or wages of any OFFICER, EMPLOYEE, or ELECTED OFFICIAL of the United States, [or] the District of Columbia...".
No mention of the U.S. Citizen, is there? Of course, that wouldn’t stop the IRS from levying YOU, would it?
--http://www.informamerica.com/Articles/beliefs.htm
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