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NOT GUILTY - IRS on the ropes!!!

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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Tue 17 Jul 2007, 21:38:27

$this->bbcode_second_pass_quote('Roccland', '
')The 16th Amendment was never radified with a 3/4 majority.
from wiki:

Tax protester arguments regarding ratification

The article Tax protester constitutional arguments covers this topic in considerably more detail, including details on the specific arguments made against ratification.

Some tax protesters, conspiracy investigators, and others opposed to income taxes cite what they contend is evidence that the Sixteenth Amendment was never "properly ratified." One such argument is that because the legislatures of various states passed resolutions of ratification with different capitalization, spelling of words, or punctuation marks (e.g., semi-colons instead of commas) from the text proposed by Congress, those states' ratifications were invalid. A related argument is that various states illegally violated procedural requirements of their constitutions when passing their ratification resolutions. Another argument made by some tax protesters regards Ohio, one of the states listed as ratifying the amendment. They contend that because Congress did not pass an official proclamation recognizing Ohio's date of admission (1803) to statehood until 1953 (see Ohio Constitution), Ohio was not a state until 1953 (and, therefore, could not have ratified the Sixteenth Amendment). These and similar arguments have been universally rejected by the courts.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby TWilliam » Wed 18 Jul 2007, 00:18:46

$this->bbcode_second_pass_quote('PenultimateManStanding', ' ')I looked into this argument and here is the text from the 16th Amendment: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived."


PMS, one of the things most "lay" people fail to understand regarding jurisprudence, is that words frequently have distinctly different meanings within the context of law than they do in "common usage". One such example is the word "source". In the IRS tax code, "source" has a very narrow and strictly defined meaning which is decidedly NOT "wherever you get it from".

Another example I cited in a previous post, and the U.S. Supreme Court itself has repeatedly ruled that "wages" are NOT "income". References to "gains from labor" are in reference to a business owner's profits derived from the labor of his/her employees, not to the wages said employees receive. In Murphy v. Internal Revenue Service and United States, the United States Court of Appeals for the District of Columbia Circuit stated: "[a]lthough the 'Congress cannot make a thing income which is not so in fact,' [ . . . ] it can label a thing income and tax it, so long as it acts within its constitutional authority...". This is part of how "wages" become "income" and thus susceptible to taxation; when you enter an amount on that line of a 1040 form that asks you to enter "wages, salaries, tips, etc.", you are personally declaring those monies to be an income, thus they become labeled as such in the eyes of the law and are then legally taxable. But it is only your willing declaration that makes them so.

This is precisely the kind of deceptive bullsh*t that enables these usurpers to rob people blind with the willing consent of those so deceived.

Once again, an exchange is NOT a gain.


$this->bbcode_second_pass_quote('', 'T')hese and similar arguments have been universally rejected by the courts.


Rejected, yes. Disproved, no.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 00:48:57

$this->bbcode_second_pass_quote('TWilliam', '
')PMS, one of the things most "lay" people fail to understand regarding jurisprudence, is that words frequently have distinctly different meanings within the context of law than they do in "common usage". One such example is the word "source". In the IRS tax code, "source" has a very narrow and strictly defined meaning which is decidedly NOT "wherever you get it from".
perhaps you could quote from the IRS code the "source" of this peculiar interpretation of the word. Show me this 'narrow and strictly defined meaning'. Otherwise I'll will assume that you're just blowing smoke you picked up from weird websites.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 01:05:33

$this->bbcode_second_pass_quote('', 'I')n today's decision, the Supreme Court emphatically rejected the appellants' argument that wages are not �income� for Ohio tax purposes. The opinion quoted two different federal appellate decisions which found that: �(e)very court which has ever considered the issue has unequivocally rejected the argument that wages are not income,� and held that the contrary view �has been rejected so frequently that the very raising of it justifies the imposition of sanctions.�


http://www.sconet.state.oh.us/Communica ... 041614.asp

This really is tedious.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 01:25:51

I saw Russo's documentary and I'm not buying it, obviously. I trust you are not confusing me for a cheerleader for the IRS. Far from it, but critical thinking shows that the only thing to do is to repeal the 16th Amendment. It's not going to happen, of course. I do think it's all going to collapse because of PO anyway. Every cloud has a silver lining. But anarchy won't be a bed of roses.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby TWilliam » Wed 18 Jul 2007, 01:48:19

$this->bbcode_second_pass_quote('PenultimateManStanding', 'T')his really is tedious.


Yes, judges that flout or are just plain ignorant of the law are indeed quite tedious.

And no, I didn't get my information from "weird websites", I got it from a former tax attorney's written dissertation on the issue from pre-internet days, replete with the relevant code sections and citations, that, unfortunately, passed from my hands many moons ago.

Sorry, but I have no interest in attempting to reproduce his years of research on your behalf, nor do I have much interest in attempting to convince you or anyone else of the veracity of conclusions I've reached after several years of my own explorations.

This issue really is not something that can be meaningfully addressed in an internet forum; there are far too many threads to follow at great length before a coherent picture emerges.

Feel free to continue paying unnecessary taxes. Be my guest...
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 01:53:04

I repeat:

In today's decision, the Supreme Court emphatically rejected the appellants' argument that wages are not �income� for Ohio tax purposes. The opinion quoted two different federal appellate decisions which found that: �(e)very court which has ever considered the issue has unequivocally rejected the argument that wages are not income,� and held that the contrary view �has been rejected so frequently that the very raising of it justifies the imposition of sanctions.�
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby vision-master » Wed 18 Jul 2007, 09:49:58

$this->bbcode_second_pass_quote('', 'I')n fact, the bottom third or so actually receive money from the federal government in the form of the Earned Income Tax Credit and other programs.


I did my Brothers taxes for 2006. He's close to being destitute. Total gross income $8,400 - net income $3,800 - tax due $238. He hasn't paid cause he don't have $238.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby kevincarter » Wed 18 Jul 2007, 09:50:18

Then how come:

On July 9, 2007, the Louisiana Federal Jury found Attorney Tommy Cryer NOT GUILTY of 2 counts of willful failure to file an income tax return. Tommy had not filed a 1040 Confession Form because he understood and believed that the law does not require Tommy to pay income taxes on his labor
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 20:20:01

$this->bbcode_second_pass_quote('kevincarter', 'T')hen how come:

On July 9, 2007, the Louisiana Federal Jury found Attorney Tommy Cryer NOT GUILTY of 2 counts of willful failure to file an income tax return. Tommy had not filed a 1040 Confession Form because he understood and believed that the law does not require Tommy to pay income taxes on his labor
The key word is 'jury' Kevin. Anything can happen with a jury. jury nullification

$this->bbcode_second_pass_quote('', 'J')ury nullification is a reminder that the right to trial by one's peers[1] affords the public an opportunity to take a dissenting view about the justness of a statute or official practices.


I say more power to them. I don't like the system any more than TWilliam does. I've simply been pointing out that the laws are clear enough as the US Supreme Court has emphatically stated. Just to clarify: [url=http://www.nysscpa.org/cpajournal/1997/0497/depts/fedtax.htm]
THE LOTTERY OF CRIMINAL ENFORCEMENT[/url]

$this->bbcode_second_pass_quote('', 'A')ccording to the most recent government statistics, the IRS and the Justice Department have been active and successful in prosecuting IRC violations. For the year ended Sept. 30, 1994, the IRS initiated about 5,400 criminal investigations. Of those cases, about 3,800 were referred to the Department of Justice for prosecution. Ten percent of those recommendations were declined by the Department of Justice, and criminal charges were filed in 3,440 cases.

It is at this point that the government is dramatically successful: Of the cases in which charges were filed, the government had a 90% conviction rate. The IRS statistics did not include information showing the percentage of the convictions due to guilty pleas as opposed to jury verdicts.


This is a serious issue and people should know the facts. Tax Crusaders can and do wind up in jail.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 20:45:59

$this->bbcode_second_pass_quote('TWilliam', '
')This issue really is not something that can be meaningfully addressed in an internet forum; there are far too many threads to follow at great length before a coherent picture emerges.

Feel free to continue paying unnecessary taxes. Be my guest...
Failure to file is a misdemeanor, punishable by up to a year in jail. Where they will really nail you, though, is in fines and penalties. But many millions of people don't file and they only have so many agents, numbering in the thousands. There is a 6 year statute of limitations on criminal charges for failure to file - so much for 'voluntary filing'. There is no statute of limitations on civil penalties. Where you really get into serious long-term jail time is if you file fraudulent returns. Just ask Al Capone and Irwin Schiff. I disagree with your notion that you can't address this issue meaningfully in an internet forum. I believe I have done so, citing Supreme Court rulings and so forth. The picture is quite coherent. You play the tax crusader at your own peril, TWilliam.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby TWilliam » Wed 18 Jul 2007, 21:22:56

I never said anything about not filing PMS...
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 21:28:25

$this->bbcode_second_pass_quote('TWilliam', 'I') never said anything about not filing PMS...
are you then filing with some theories about what you don't need to declare? As I said, you can get into much more trouble filing fraudulently than you can for not filing at all. Legal theories notwithstanding. . .
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby TWilliam » Wed 18 Jul 2007, 21:50:27

$this->bbcode_second_pass_quote('PenultimateManStanding', 'F')ailure to file is a misdemeanor, punishable by up to a year in jail.


Really. Then I wonder why one finds this statement under the heading "Do You Have To File?" in the instruction book for the 1040:

$this->bbcode_second_pass_quote('', 'E')ven if you do not otherwise have to file a return, you should file one to get a refund of any federal income tax withheld.


If you must file, then why not simply say so? Why a statement that clearly indicates that you might not need to under certain conditions?

I take it that what you meant to say was that if you meet the requirements for filing, then failing to do so is a misdemeanor.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby PenultimateManStanding » Wed 18 Jul 2007, 22:16:20

$this->bbcode_second_pass_quote('TWilliam', '
')I take it that what you meant to say was that if you meet the requirements for filing, then failing to do so is a misdemeanor.
apparently so.
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Re: NOT GUILTY - IRS on the ropes!!!

Unread postby Tyler_JC » Thu 19 Jul 2007, 00:20:27

$this->bbcode_second_pass_quote('vision-master', '')$this->bbcode_second_pass_quote('', 'I')n fact, the bottom third or so actually receive money from the federal government in the form of the Earned Income Tax Credit and other programs.


I did my Brothers taxes for 2006. He's close to being destitute. Total gross income $8,400 - net income $3,800 - tax due $238. He hasn't paid cause he don't have $238.


Net income...from a business? After cost of goods sold? After taxes?

"Net income" can mean anything. (but I won't pry into his personal life here)

Assuming we're talking about gross income, $238 is about 3% of his income.

Regardless, people like him shouldn't be forced to pay income taxes in the first place.

We should increase the personal standard deduction to match the federal poverty line.
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