Tax Victory 1-year ago

[zengrifter]

Tax Protester Is Vindicated

Government Was Unable To Prove Law Requires
Income Tax Withholding or Filing

Marcus K. Dalton
Tribune Media Group | July 1, 2005

The federal government's campaign against income tax protesters suffered a major setback on Thursday June 23 when a federal jury in Sacramento acquitted a former Internal Revenue Service investigator on charges of helping to prepare false tax returns.

Joseph Banister, a certified public accountant in San Jose, Calif., had been telling his clients they don't need to file federal income tax returns because the 16th Amendment, which gives Congress "power to lay and collect taxes on incomes," was never properly ratified.

During the trial, Banister's former supervisor at IRS's San Jose Criminal Investigation Division office, Robert Gorini (who testified via video recording) when pointedly asked, was unable to cite any U.S. law that required Banister to pay income taxes.

...continued here - http://www.lasvegastribune.com/20050701/headline1.html

[ScottH]

Originally Posted by zengrifter

Tax Protester Is Vindicated

Government Was Unable To Prove Law Requires
Income Tax Withholding or Filing

Marcus K. Dalton
Tribune Media Group | July 1, 2005

The federal government's campaign against income tax protesters suffered a major setback on Thursday June 23 when a federal jury in Sacramento acquitted a former Internal Revenue Service investigator on charges of helping to prepare false tax returns.

Joseph Banister, a certified public accountant in San Jose, Calif., had been telling his clients they don't need to file federal income tax returns because the 16th Amendment, which gives Congress "power to lay and collect taxes on incomes," was never properly ratified.

During the trial, Banister's former supervisor at IRS's San Jose Criminal Investigation Division office, Robert Gorini (who testified via video recording) when pointedly asked, was unable to cite any U.S. law that required Banister to pay income taxes.

...continued here - http://www.lasvegastribune.com/20050701/headline1.html

Is it still true that Federal Income Tax is voluntary?

[zengrifter]

Originally Posted by ScottH

Is it still true that Federal Income Tax is voluntary?

Yes, always has been... BUT the system is so corrupt that you can still wind up in prison - for a law that doesn't exist. Remember one of the axioms of the Constitution: "No taxation without representation."

Its all a big scam with an illegal foriegn bank in the middle (aka the Federal Reserve) and an illicit quasi govt agency enforcer that was never authorized (aka the IRS) zg

=============

31 Questions and Answers about the Internal Revenue Service

1. Is the Internal Revenue Service (“IRS”) an organization within the U.S. Department of the Treasury?

Answer: No. The IRS is not an organization within the United States Department of the Treasury. The U.S. Department of the Treasury was organized by statutes now codified in Title 31 of the United States Code, abbreviated “31 U.S.C.” The only mention of the IRS anywhere in 31 U.S.C. §§ 301‑310 is an authorization for the President to appoint an Assistant General Counsel in the U.S. Department of the Treasury to be the Chief Counsel for the IRS. See 31 U.S.C. 301(f)(2).

At footnote 23 in the case of Chrysler Corp. v. Brown, 441 U.S. 281 (1979), the U.S. Supreme Court admitted that no organic Act for the IRS could be found, after they searched for such an Act all the way back to the Civil War, which ended in the year 1865 A.D. The Guarantee Clause in the U.S. Constitution guarantees the Rule of Law to all Americans (we are to be governed by Law and not by arbitrary bureaucrats). See Article IV, Section 4. Since there was no organic Act creating it, IRS is not a lawful organization.

2. If not an organization within the U.S. Department of the Treasury, then what exactly is the IRS?

Answer: The IRS appears to be a collection agency working for foreign banks and operating out of Puerto Rico under color of the Federal Alcohol Administration (“FAA”). But the FAA was promptly declared unconstitutional inside the 50 States by the U.S. Supreme Court in the case of U.S. v. Constantine, 296 U.S. 287 (1935), because Prohibition had already been repealed.

In 1998, the United States Court of Appeals for the First Circuit identified a second “Secretary of the Treasury” as a man by the name of Manual Díaz-Saldaña. See the definitions of “Secretary” and “Secretary or his delegate” at 27 CFR 26.11 (formerly 27 CFR 250.11), and the published decision in Used Tire International, Inc. v. Manual Díaz-Saldaña, court docket number 97‑2348, September 11, 1998. Both definitions mention Puerto Rico.

When all the evidence is examined objectively, IRS appears to be a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1951 and 1961 et seq. (“RICO”). Think of Puerto RICO (Racketeer Influenced and Corrupt Organizations Act); in other words, it is an organized crime syndicate operating under false and fraudulent pretenses. See also the Sherman Act and the Lanham Act.

...continued here - http://www.supremelaw.org/sls/31answers.htm

[zengrifter]

Originally Posted by zengrifter

Tax Protester Is Vindicated

Government Was Unable To Prove Law Requires
Income Tax Withholding or Filing

Marcus K. Dalton
Tribune Media Group | July 1, 2005

The federal government's campaign against income tax protesters suffered a major setback on Thursday June 23 when a federal jury in Sacramento acquitted a former Internal Revenue Service investigator on charges of helping to prepare false tax returns.

Joseph Banister, a certified public accountant in San Jose, Calif., had been telling his clients they don't need to file federal income tax returns because the 16th Amendment, which gives Congress "power to lay and collect taxes on incomes," was never properly ratified.

During the trial, Banister's former supervisor at IRS's San Jose Criminal Investigation Division office, Robert Gorini (who testified via video recording) when pointedly asked, was unable to cite any U.S. law that required Banister to pay income taxes.

...continued here - http://www.lasvegastribune.com/20050701/headline1.html

Here's the link to my story above -
http://web.archive.org/web/200611021...headline1.html

[Guynoire]

Another example of government hypocrisy and incompentency. Here's an additonal one; the ftc outlaws the use of cash based accounting systems over accrual based accounting systems for large companies because cash based systems do not accurately reflect expenses as they do not take into expected future expenses for things such as pensions. But guess what system the federal government uses, that's right a cash based accounting system. Conclusion, if the government were a company it would be in violation of its own accounting laws for using a system that immorally understates the national defecit, and we wonder why we have a future social security problem.

[SilentBob420BMFJ]

are all taxes voluntary? i dont get it, i thot u get in trouble for not paying tax of any kind? how do you make it so they dont take taxes out of your paycheck then if its voluntary?

[AnIrishmannot2brite]

Most IRS problems are caused by the filing of inaccurate or outright false claims.

If possible try and have your income paid as a "private contractor" instead of standard witholding tax taken out of each pay period. Later you can submit a Schedule C including all out of pocket work related expenses.

Things like:

"Advertising"
"Phone bills'
Related "utilities"
Car and travel
etc.

One private contractor I've heard tell of simply doesn't file any of his 1099 forms. None at all. Has never been interviewed by the IRS either. Is in what they call the "uncollectable file" at the IRS.

Also: Consider not putting any real property into your own name. Use your kids or a trusted relative. You can even be completely frank with these people assuming they are trusted.

The IRS won't remove your vehicle if it is old. So drive a 98 or older Toyota or Ford. If you do need a good looking car for trips and special occasions? Rent one using your ATM debit card. All it needs is a Visa logo and you can rent most places.

The main problem most people have with the IRS is that they volunteer too much personal information. Keep it simple.

If you have a regular job and they want to attach your wages? Well fill out an expenditure report that makes you look dead broke. Not hard to do as these days all that requires is honesty.

[zengrifter]

Originally Posted by SilentBob420BMFJ

are all taxes voluntary? i dont get it, i thot u get in trouble for not paying tax of any kind? how do you make it so they dont take taxes out of your paycheck then if its voluntary?

Not all taxes, just federal withholding. zg

Originally Posted by zengrifter

Yes, always has been... BUT the system is so corrupt that you can still wind up in prison - for a law that doesn't exist. Remember one of the axioms of the Constitution: "No taxation without representation."

Its all a big scam with an illegal foriegn bank in the middle (aka the Federal Reserve) and an illicit quasi govt agency enforcer that was never authorized (aka the IRS) zg

=============

31 Questions and Answers about the Internal Revenue Service

1. Is the Internal Revenue Service (“IRS”) an organization within the U.S. Department of the Treasury?

Answer: No. The IRS is not an organization within the United States Department of the Treasury. The U.S. Department of the Treasury was organized by statutes now codified in Title 31 of the United States Code, abbreviated “31 U.S.C.” The only mention of the IRS anywhere in 31 U.S.C. §§ 301‑310 is an authorization for the President to appoint an Assistant General Counsel in the U.S. Department of the Treasury to be the Chief Counsel for the IRS. See 31 U.S.C. 301(f)(2).

At footnote 23 in the case of Chrysler Corp. v. Brown, 441 U.S. 281 (1979), the U.S. Supreme Court admitted that no organic Act for the IRS could be found, after they searched for such an Act all the way back to the Civil War, which ended in the year 1865 A.D. The Guarantee Clause in the U.S. Constitution guarantees the Rule of Law to all Americans (we are to be governed by Law and not by arbitrary bureaucrats). See Article IV, Section 4. Since there was no organic Act creating it, IRS is not a lawful organization.

2. If not an organization within the U.S. Department of the Treasury, then what exactly is the IRS?

Answer: The IRS appears to be a collection agency working for foreign banks and operating out of Puerto Rico under color of the Federal Alcohol Administration (“FAA”). But the FAA was promptly declared unconstitutional inside the 50 States by the U.S. Supreme Court in the case of U.S. v. Constantine, 296 U.S. 287 (1935), because Prohibition had already been repealed.

In 1998, the United States Court of Appeals for the First Circuit identified a second “Secretary of the Treasury” as a man by the name of Manual Díaz-Saldaña. See the definitions of “Secretary” and “Secretary or his delegate” at 27 CFR 26.11 (formerly 27 CFR 250.11), and the published decision in Used Tire International, Inc. v. Manual Díaz-Saldaña, court docket number 97‑2348, September 11, 1998. Both definitions mention Puerto Rico.

When all the evidence is examined objectively, IRS appears to be a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1951 and 1961 et seq. (“RICO”). Think of Puerto RICO (Racketeer Influenced and Corrupt Organizations Act); in other words, it is an organized crime syndicate operating under false and fraudulent pretenses. See also the Sherman Act and the Lanham Act.

...continued here - http://www.supremelaw.org/sls/31answers.htm

[moo321]

Originally Posted by AnIrishmannot2brite

Most IRS problems are caused by the filing of inaccurate or outright false claims.

If possible try and have your income paid as a "private contractor" instead of standard witholding tax taken out of each pay period. Later you can submit a Schedule C including all out of pocket work related expenses.

Things like:

"Advertising"
"Phone bills'
Related "utilities"
Car and travel
etc.

One private contractor I've heard tell of simply doesn't file any of his 1099 forms. None at all. Has never been interviewed by the IRS either. Is in what they call the "uncollectable file" at the IRS.

Also: Consider not putting any real property into your own name. Use your kids or a trusted relative. You can even be completely frank with these people assuming they are trusted.

The IRS won't remove your vehicle if it is old. So drive a 98 or older Toyota or Ford. If you do need a good looking car for trips and special occasions? Rent one using your ATM debit card. All it needs is a Visa logo and you can rent most places.

The main problem most people have with the IRS is that they volunteer too much personal information. Keep it simple.

If you have a regular job and they want to attach your wages? Well fill out an expenditure report that makes you look dead broke. Not hard to do as these days all that requires is honesty.

Tax evasion is a criminal matter. Whatever you feel about taxation being right or wrong, if you don't pay taxes, you will end up in jail. Going "off the grid" is not the best solution, in my opinion.

[AnIrishmannot2brite]

Originally Posted by moo321

Tax evasion is a criminal matter. Whatever you feel about taxation being right or wrong, if you don't pay taxes, you will end up in jail. Going "off the grid" is not the best solution, in my opinion.

(Everything below all written for entertainment purposes only]

Even the IRS has a limit to it's cruelty. They really do not want to go after an American citizen who appears to be living under a culvert in winter. For what good purpose do they have busting a house painter for under reporting painting the widow Johnson's back side of her house?

Ridiculous.

Instead the IRS likes to go for the "low hanging fruit". So they will audit a GM worker in a large shop. Why would they do this for a guy with two kids in college and can barely pay his bills? He just doesn't have enough income ar assets to attach.

Well the IRS will audit this guy because they want to send a message to the rest of the town. A GM worker in a large plant will tell his mates at the factory he got an audit. They in turn will tell their friends and so on.

It's like a Mafia shake down.

So again: The best way to avoid the arm of the IRS probably is to stay well off the grid.

I would never do that of course but I've heard tell many do this.

(winks)