Another lesson on how "they" debate
|
Predictable result, not
unlike hundreds if now thousands of others. When will TPs finally learn?
|
Joey Smith's
words will be
the same color as the border color. If the color reminds you of
anything in particular, it's deliberate. The "Predictable
result" referred to was the Art Farnsworth travesty of truth.
Please take note of the
issues and topics Mr. Smith chooses to engage, and the issues and
topics which he chooses to
ignore in his replies below.
|
|
Predictable
result, not unlike hundreds if now thousands of others.
When will TPs finally learn?
Please, tell us what
is it that you want the TPs to finally learn Joey
Smith?
David Jahn
|
Mr. Jahn is the owner of Trial Logs and Trial Logs Blog
Spot. The Blog Spot is mostly inert since it does not require
registration.
The Blog Spot is the source of the dialog shown on
this web page.
|
|
That their theories are
wrong. Simple as that.
|
An assertion
without proof may be refuted without proof. Mr. Smith is wrong.
I've a web site the examines the WRITTEN words of law. (As well
as the lies and spin of people like Mr. Smith such as this page.)
It's not "theories",
it's what is WRITTEN in the law. Something people like Joey Smith don't
want you to read.
|
|
That their
theories are
wrong. Simple as that.
Joey,
Okay! I understand
your point of view. Unfortunately, there really
isn't a determination of "theories" at these trials. It wasn't Art's
view of the law that was examined as much as it was the jury's view.
There were actually very few points
of laws raised in the case.
The government
continues to avoid the best venue for resolving the
issue once and for all which would be an open meeting. That would
provide the government an opportunity to listen and consider what the
tax honesty folks point to
as faults or flaws in the law. The representatives would then have the
understanding they need to develop legislative remedies. After that,
the requirements for everyone
to submit to the oppression would be unquestionable. Everyone would
understand it's best to kneel and present their wallet and checkbooks
whenever a government
official enters the room.
Instead we have this
string of trials that does little more than prove
that the government has a distinct advantage in these cases when it
comes to winning the hearts and minds of carefully selected jurors.
Issues of law are generally avoided
and when presented they are far too complex for most jurors to
comprehend.
This loss will
discourage some, but it won't bring an end to the issue.
The system as it is being enforced is repugnant to the ideals of
liberty and needs to be abolished.
There are other less
intrusive forms of taxation out there. What will
it take to get this government to consider them? And what will it take,
short of bankruptcy, to get this government to live within its means?
Hey, before you leave
maybe you could save another poor soul by
pointing out the error in their logic in this post to the forum.
Thanks,
David Jahn
|
Mr. Jahn was
at some (or maybe even all) of the Farnsworth trial. His words on
what happened in this specific trial carry far more weight than any
assertion made by Mr. Smith.
In this statement, Mr. Jahn sums up the entire interaction between
Citizen and IRS organized crime racket:
"Issues of law
are generally avoided
and when presented they are far too complex for most jurors to
comprehend."
Actually I differ with Mr. Jahn on the issues being too complex.
I think the jurors could understand the issues quite well if they were
ever allowed to see ALL the WRITTEN evidence of the law...
Like the very WRITTEN words of the law itself.
Something my (this) web site is devoted to supplying.
Mr. Jahn asks this parting question:
"Hey, before
you leave maybe you could save another poor soul by pointing out the error in
their logic in this
post to the forum."
The bold emphasis is mine. Let us count the number of times it is
asked before it is even acknowledged. Asked once.
|
|
Hey, before you
leave maybe you could save another poor soul by
pointing out the error in their logic in this
post to the forum.
Yes. The author of that post would love to read the feedback.
P.S.
If he cites 7701(c), I've got a canned answer waiting in the wings,
ready to copy, paste, and post.
|
Since I was
the author of the post Mr. Jahn linked, I re-iterated the
question. The question is asked twice.
The canned answer I mention is never addressed, since the M.O.
is to distract when the truth appears, or character assassinate with
name calling and other belittling techniques to disparage the messenger
and thus the message. Since Mr. Smith opens the door to the
canned answer below, I'll supply a link to the canned answer below.
|
|
Why should the government
waste time with such a meeting? There is NO
credible legal or constitutional scholar, or even credible groups like
the ACLU or Cato Institute, that believe that the federal income tax is
unconstitutional.
|
Paragraph one,
Sentence one is
addressed in my dialog reply below.
Paragraph one,
Sentence two shows the
DELIBERATE mis-representation of the truth these cretins will go to, in
order to convince the novice that there is nothing worth looking into
in regard to the WRITTEN WORDS of law.
No Tax Honesty Researcher believes the WRITTEN WORDS of law enact any
unconstitutional tax.
What we have in sentence two is a TCP.
TCP is an acronym
for Technically Correct Pseudo-refutation.
So long as the reply appears as if it is somehow connected to the topic
at hand, and, so long as the reply is itself correct, it is supposed to
trick the unwary into believing the point of contention has been
refuted.
Mr. Smith, it doesn't matter what you state in
sentence two, because nobody, and myself especially, in the Tax Honesty
Movement is claiming the WRITTEN tax LAWS are unconstitutional.
|
As far as the IRS answering
questions about the most typically asserted
tax-protestor type arguments, the IRS has answered those questions
at
http://www.irs.gov/pub/irs-utl/f...tl/ friv_tax.pdf which it updates
every year.
|
The subtle technique used
in this sentence is the denigrating use of the name "tax-protestor".
The purpose of such name calling, is to raise doubts in the mind of the
reader that the "tax-protestor"
would have anything worth reading. Hence the wonderful color of
Mr. Smith's commentary.
I do consider the source of the insult, which is a Vichy
France type of IRS Collaborator.
Thus Quid
Pro Quo the insults are equal and we can move on.
Mr. Smith is asserting in general, that the IRS has answered questions
with the cited document.
Perhaps the document does answer some questions, HOWEVER, the document does not answer specific questions about specific WRITTEN WORDS of law.
The document most
certainly DOES NOT ANSWER MY QUESTIONS.
"Should I use..." and "What law, clearly and concisely..."
I cover other 'problems' with
that document in my dialog reply.
|
Again, NO credible legal or
constitutional scholar disputes
the debunking of frivolous arguments contained in this paper. |
I separated this sentence
from the other sentence in the paragraph,
because of the amount of text I had to write in reply to Mr. Smith's
very good obfuscation.
This is an excellent innuendo post. I notice the statement is
lacking in proof that any "credible legal
or constitutional scholar" has even read the document.
Nor is there proof that any "credible legal
or constitutional scholar" has read my questions, and the
WRITTEN WORDS of law I cite that I am asking specific questions about.
|
Tax protestors may not agree with
the IRS's positions, but
disagreements are settled in court, and -- as the Farnsworth case most
recently shows -- the courts (and usually juries too) have found that
the position of the IRS is right
and the position of tax protestors are wrong. |
An IRS Collaborator calls
everybody that doesn't agree with the collaborator a "Tax protestor".
Mr. Smith says: "but
disagreements are settled in court". Really Mr.
Smith? It settled nothing for me. It didn't answer my specific questions about specific WRITTEN words of law.
As Mr. Jahn pointed out, "Issues of law are
generally avoided..." Mr. Jahn was at the Farnsworth
trial. So were others.
The reports by these witnesses to the doings in the court make it very
clear that judges and prosecutors are NOT interested in the
truth. Just like you.
|
If you want to change the law, start
an initiative petition or
something. But simply repeating the same old tried-and-failed theories
over and over in the hopes that by sheer repetition they may some day
come true, isn't going to work and
TPs are going to keep going to jail and/or getting slammed with large
fines. |
Why would I want to change
a law that does not tax my compensation for labor?
It's not a theory, it's the WRITTEN words of law. This entire
folder on my web site is made up of dialogs I have had with those on
your side of the fence.
As of this reply, Mr. Smith has ignored the question of logic twice
raised above.
|
|
Why should the
government
waste time with such a meeting?
To settle the issues raised.
|
Well... Duh... |
Like D.Jahn has pointed
out, if it's all legit as you baselessly
assert, then the "errors" of the Tax Honesty Advocates could be
addressed and explained.
"Because we're bigger than you and can hurt you" is the method of
explaining that organized crime and terrorist organizations use.
Oops, my bad. The IRS IS an
organized crime and terrorist organization.
|
Mr. Smith has chosen to
ignore this point Mr. Jahn raised and I reintroduced: "if it's all legit ... then the "errors" of
the Tax Honesty Advocates could be
addressed and explained."
Observe how Mr. Smith does or does not address the issue raised. |
There is NO
credible legal or constitutional scholar, or even credible
groups like the ACLU or Cato Institute, that believe that the federal
income tax is unconstitutional.
There are no Tax Honesty Advocates that believe "the federal income tax
is unconstitutional" either.
So either A, you don't know what you are talking about, or B, you are a
LIAR.
There is no other rational explanation for your ignorant inability to
concisely articulate what "WE believe.
|
Mr. Smith
either really does not have a clue as to the issues raised by the Tax
Honesty Movement, or Mr. Smith DOES know and must do anything at his
disposal to keep those issues from becoming more widely known.
|
As far as the
IRS answering questions about the most typically asserted
tax-protestor type arguments, the IRS has answered those questions at
http://www.irs.unofficial_irs_lies.pdf which it updates every year.
The document linked has no document "ID" number, no author, no
publication date and is not listed as an official publication of the
U.S. Government or U.S. Department of Treasury.
The linked document no more addresses tax laws than JABBERWOCKY by
Lewis Carroll does.
|
The failure to have a
document "ID" number means the crap in the document is NOT
"OFFICIAL". This means said document HAS NO FORCE OF LAW upon
anyone.
Without an 'official' author, who do I direct questions to about the
document?
NOBODY!
If there are flat out errors in the document, who is
responsible for correcting them?
NOBODY!
If there are lies in the document, who is accountable?
NOBODY!
The document that is being pointed to, is a scam job to make it look
like questions have been answered when they have NOT been
answered.
The purpose of this document is to keep people just learning of the Tax
Honesty Movement from reading the WRITTEN words of law.
|
I have it straight from an
honest lawyer's mouth (yes, that's rare),
that a senior lawyer advised, "Do not take IRS cases. The IRS will go
after you, and your family."
When I first learned of the 861 EVIDENCE
I took a copy of Larken's
report to two different lawyers trying to find out if this report was
valid. Both lawyers flat out REFUSED to look at the report --- Just
like the church officials
REFUSED to look through Galileo's telescope.
(and
usually juries too)
"Because we're bigger than you and can hurt you" is a good reason for
jurors to get self-protectively dumb.
|
Mr. Smith does not comment
on the issue raised, that juries vote guilty to avoid trouble even if
they know the accused is innocent.
|
And I noticed you ignored
the post D.Jahn linked to. (Hint: You don't
need to register to read the forum.) |
This is the third time the
question regarding the logic on this page has been
questioned.
|
|
Joey Smith's defense of
the long and error ridden IRS paper on the
'truth' about frivolous tax arguments is not well founded.
For
instance, in the central argument on the 16th Amendment (chapter D-6
'The 16th Amendment does not authorize
a direct non-apportioned federal income tax on U.S. citizens' - this
argument is countered by references to the Brushaber v. Union Pacific
RR case by
lower courts (9th, 10th, and 7th Circuit plus a tax court decision).
They dare not quote Brushaber itself as that Supreme Court decision
stated that the 16th
Amendment granted no new taxing powers to the government and that it
referred only to apportioned taxes.
Brushaber stated that for the 16th Amendment to
grant the government the power to directly tax citizens without
apportionment would set one part of the Constitution at war with
another part.
So the authors avoided
confrontation with the Supreme Court by only citing incorrect lower
court and tax court decisions. This does not smack of honesty.
Roy Tuckman
|
Well said, Mr.
Tuckman, however, the 16th Amendment does act, and only acts upon
"Constitutional" or "Sixteenth Amendment" "income". Compensation for
labor is not "Constitutional income", therefore compensation for labor
is still under the rule of apportionment. For the novice, I cover
that in this chapter.
"This does not
smack of honesty." That's putting it politely. There
are those who call it TREASON.
|
|
The U.S. Supreme Court has
routinely allowed the convictions of tax
protestors to stand. THAT is the best evidence of what the U.S. Supreme
Court thinks of tax protestor arguments.
The reality is that
tax protestors lose cases because they are simply
WRONG. They just don't want to believe they are wrong, and they want to
self-determine that they are right in their own selfish self-interests.
But in our system,
the courts decide disputes, and the courts have routinely decided that
tax protestors are WRONG.
Moreover, NO
credible legal or constitutional scholars disagree with
the courts. Instead, it is the pro-wrasslin' crowd who have
self-decided that they are right.
|
Since Mr.
Smith is a Supreme Court Justice, his statement as to what the Supreme
Court thinks on anything is exactly correct.
NOT!
"But in our
system,
the courts decide disputes..." That presumes the system is
not broken, which it provably is.
Click to
read the Trial Logs mission explanation.
In paragraph 3, proof that "credible legal
or constitutional scholars" have even looked at the specific issues is missing.
Another denigrating insult, "pro-wrasslin'
crowd" by an IRS Collaborator.
I've also replied in the dialog below.
|
|
"This does not smack
of
honesty."
American Radio:
December 2, 2006
"Quatloos - continuing to prove they are unethical and misleading."
http://www.americanradioshow.us/archive.html
|
|
|
Joey Smith discharged da
denoted digital diarrhetic diatribes:
"The U.S.
Supreme Court has routinely allowed the convictions of tax
protestors to stand."
"Cert. Denied" simply means the court has chosen other cases to work on.
You'll have to do better than that.
|
Please take note of the
issues and topics Mr. Smith chooses to engage, and which he chooses to
ignore in his reply below.
Point:
" "Cert. Denied" simply
means the court has chosen other cases to work on." |
"The reality is
that tax protestors lose cases because they are simply
WRONG. They just don't want to believe they are wrong, and they want to
self-determine that they are right in their own selfish self-interests."
Just because you say so, don't make it so. Or, in other words: An
assertion without proof may be refuted without proof. You are wrong.
You'll have to do better than that.
|
|
"But in our
system, the courts decide disputes, and the courts have
routinely decided that tax protestors are WRONG."
And when the courts rule 2+2=7 I should show $22 deposits to account in
this way: $622+$22=$677 ?
You'll have to do better than that.
|
Point:
If the court makes a ruling that is so wrong... Wrong and
self-evidently
so, should I follow the court's incorrect ruling?
|
"Moreover, NO
credible legal or constitutional scholars disagree with
the courts."
Just because you say so, don't make it so. Or, in other words: An
assertion without proof may be refuted without proof. You are wrong.
You'll have to do better than that.
"Instead,
it is the pro-wrasslin' crowd who have self-decided that they
are right."
Yep. Name calling and insults will convince people you are right.
You'll have to do better than that.
|
|
|
When somebody who matters
cares what you think, be sure to let me know.
|
Direct insult, aimed
directly at me, for the purpose of creating uproar. You see dear
reader, you are not supposed to think I have anything worth
saying. And you most certainly are supposed to lose your
interest in what the WRITTEN words of law actually say.
|
Certainly, the courts don't. Nor the
accredited legal scholars. Nor
really anybody else who has an ounce of credibility. In fact, the total
failure of the tax protestor movement to attract any truly credible
person who believes in their
theories speaks volumes.
|
More assertions without
proof.
Mr. Smith is making a subtle libel,
slander,
and/or calumny
that I am not credible.
|
But I'm sure you'll easily find some
out on the fringe who will think
you are correct, which is about all the tax protestor movement consists
of. Well, those that aren't in jail or working to pay off their
frivolous penalties that is.
|
Dismissive
insults. That's what one gets from quatlosers.
Notice what Mr. Smith has dismissed and ignored so far:
1. Hey, ...
maybe you could ...
point out the error ... in this post to the forum.
2. " "Cert. Denied" simply
means the court has chosen other cases to work on."
3. If the court makes a ruling that is so wrong... Wrong and
self-evidently so, should I follow the court's incorrect ruling?
|
|
"When somebody
who matters
cares what you think, be sure to let me know."
Likewise.
"Well,
those that aren't in jail or working to pay off their frivolous
penalties that is."
"Because we're bigger than you and can hurt you..."?
You'll have to do better than that.
|
|
And I noticed
you ignored the post D.Jahn linked to.
"
Hey, before you leave maybe you could save another poor soul by
pointing out the error in their logic in this
post to the forum."
I bow before your lack of substance. You may have the last word, unless
you actually do have something of substance to post.
Otherwise you are dismissed and are free to return to the quatloosers
forum where name calling and insults are the raison d'être.
quatlosers/quatloos1.html
quatlosers/quatloos2.html
|
This is the
fourth time (4th.) that Mr. Smith has been asked to comment on the
LOGIC in the cited post.
It was my intention to just ignore this boring waste of time.
|
|
Remember Joey is a
government lap puppy. He will live an die for his master.
Anthony
|
Snicker.
You didn't fool Mr. Anthony did you, Mr. Smith?
|
|
Substance
is argued in
court, not on some internet bulletin boards. |
This statement really
makes me wonder what Mr. Smith is about, because it isn't about the
substance of the WRITTEN words of law.
Perhaps this was his response to being challenged on the LOGIC in the
cited post for the fourth time?
Or perhaps his lack of substance means Mr. Smith has no credibility.
|
The courts have agreed with the IRS.
|
Not all of
them.
http://www.newswithviews.com/Hart/phil.htm
|
The courts
have not agreed with tax protestors.
|
Doesn't he just knock you
over with all the detail in his assertion.
When the courts rule 2 + 2 = 7, it is quite obvious that the courts do
not agree with those who state 2 + 2 = 4.
|
No credible legal or constitutional
scholar agrees with tax protestors.
Why can't tax protestors get a professor at Harvard or Georgetown or
Stanford or somewhere to
agree with them? Because tax protestors are WRONG.
|
Phil received a
bachelor's degree in Civil Engineering from the University of Utah and
a master's degree in Business Administration from the Wharton School at
the University of Pennsylvania.
In 2004, Phil Hart was
elected by the Citizens of North Idaho to represent District 3 in the
Idaho Legislature. District 3 encompasses the northern part of Kootenai
County. Phil Hart is actively seeking re-election for the 2006
legislative term.
Phil
has dedicated a significant amount of personal time for the past ten
years in trying to resolve the constitutionality Income Tax. His
efforts have resulted in the publication of his book Constitutional
Income, which is in its third edition. His book has been steadily
covering ground across the United States. He also litigated the issue
with the IRS and petitioned the Supreme Court.
|
No need to argue with you, as you
can't be convinced. But for all
practical purposes, your opinion is as relevant as a forecast for
yesterday's weather. |
No need to argue with me,
because you don't have a LOGICAL reply that answers the LOGIC on
this page.
It's not opinion, it's LOGIC. And it SCARES you.
|
|
Substance is
argued in
court, not on some internet bulletin boards.
Your admission that you have no substance actually has important
substance.
|
|
|
You want
substance? How
about the Cheek case where the U.S. Supreme
Court said that tax protestor theories were "surely frivolous"?
|
Please notice that Mr.
Smith has still NOT addressed the logic contained on the page that has
been brought to his attention FOUR TIMES. Instead of dealing with
the issues already standing, Mr. Smith has chosen to divert attention
to somewhere else. This type of dishonest discussion by
cockroaches of Mr. Smith's ilk is part of the reasoning that led to my
creating this web site. When you read my web site, you don't have
these cockroaches attempting to distract you from those ever so
important WRITTEN words of law.
|
Funny
how you continue to dodge that NO serious legal or constitutional
scholar at Harvard, Georgetown, Stanford or anywhere else thinks that
tax protestor theories are worth any more than a chuckle. |
Please notice what Mr.
Smith does NOT give detail to. Do you see any of the "tax protestor
theories" in evidence that Mr. Smith is slurring?
And why does the IRS Collaborator always refer to them as "tax protestor
theories"? Doesn't he have any other way to communicate
other than to be insulting?
If Mr. Smith was honest, Mr. Smith would address the WRITTEN words of
law the TAX HONESTY Researchers want to discuss.
|
Now, Art Farnsworth can join
Meredith, Schiff, Simkanin, Rose, etc.,
etc., etc., in jail while he ponders this question. Where is the ACLU?
Where is any other credible group? Why is the tax protestor movement
predominantly
constituted of fringe nuts?
|
I have some
transcripts of the Simkanin trial. The presiding judge is provably
corrupt.
I have web pages saved from Rose's web site where he asked simple
questions of the IRS, which they REFUSED to answer. I will be
putting those transcripts up on this site eventually.
|
|
You want
substance? How
about the Cheek case---
Yes, how about the Cheek case which states the government is required
to show the written words of the law.
|
Foolish me. I took
his distraction bait.
Please notice the points I bring up as a result of this case that Mr.
Smith chooses to ignore... Starting with:
"The Cheek case ... states the
government is required
to show the written words of the law."
|
=CHEEK=
Cheek V. U.S. 498 U.S. 192:
Petitioner Cheek was charged with six counts of willfully failing to
file a federal income tax return in violation of 7203 of the Internal
Revenue Code (Code) and three counts of willfully attempting to evade
his income taxes in violation
of 7201. Although admitting that he had not filed his returns, he
testified that he had not acted willfully because he sincerely believed, based on his
indoctrination by
a group believing that the federal tax system is unconstitutional
and
his own study, that the tax laws were being unconstitutionally enforced
and that his actions were
lawful. In instructing the jury, the
court stated that an honest but
unreasonable belief is not a defense, and does not negate
willfulness, and that Cheek's beliefs
that
wages are not income and that he was not a taxpayer within the meaning
of the Code were not objectively reasonable. It also instructed
the jury that a person's
opinion that the tax laws violate his constitutional rights does not
constitute a good-faith misunderstanding of the law. Cheek was
convicted, and the Court of
Appeals affirmed.
|
|
=COMMENT= The above is a
good summary of the case. I have highlighted
the point that applies to all Tax Honesty researchers; "the tax laws
were being unconstitutionally [illegally] enforced".
The next part I highlighted is where the court erred in stating
basically, 'The court will decide if your belief is unreasonable.'
Now, Even though Cheek was convicted, his case contains some important
points.
|
Notice that Mr. Smith has
ignored the charge that the enforcement of the tax laws is the source
of the claims of non-Constitutionality.
Notice also, that Mr. Smith is ignoring the Supreme Court's statement
that a court is NOT allowed to judge a belief as unreasonable.
|
=CHEEK=
Held: 1. A good-faith
misunderstanding of the law or a
good-faith belief that one is not violating the law negates
willfulness, whether or not the claimed belief or
misunderstanding is objectively
reasonable.
Statutory willfulness,
which protects the average citizen from
prosecution for innocent mistakes made due to the complexity of the tax
laws, United States v. Murdock, 290 U.S. 389 , is the voluntary, intentional violation of
a
known legal duty. United States v. Pomponio, 429 U.S. 10 . Thus,
if the
jury credited Cheek's assertion that he truly believed that the Code
did not treat wages as
income, the Government would not have carried its burden to prove
willfulness, however unreasonable a court might deem such a belief. Characterizing a belief
as objectively unreasonable transforms what is normally a factual
inquiry into a legal one, thus preventing a jury from considering it.
And forbidding a jury to
consider evidence that might negate willfulness would raise a serious
question under the Sixth Amendment's jury trial provision, which this
interpretation of the
statute avoids. Of course, in deciding whether to credit Cheek's
claim,
the jury is free to consider any admissible evidence showing that he
had knowledge of his legal duties.
|
|
=COMMENT= Held: 1. A good
faith belief that one is not violating the
law negates willfulness, whether or not the claimed belief is
objectively reasonable.
2. Statutory willfulness is the voluntary, intentional violation of a
known legal duty.
3. Forbidding a jury to consider
evidence that might negate willfulness
would raise a serious question under the Sixth Amendment's jury trial
provision.
Item three above is of importance when coupled with the details within
the case itself.
|
I even numbered these
points to make them stand out.
1. Good faith negates willfulness.
2. Willfulness is the voluntary, intentional violation of a known legal duty.
3. Forbidding a jury to consider evidence that negates willfulness is
a Constitutional violation.
Since Mr. Smith ignored these points, I didn't get to point out to him
that not allowing the jury to see the WRITTEN words of law that create
the "legal duty" negates
willfulness also, since there is NO EVIDENCE of ANY legal duty.
Mr. Smith is welcome to prove to me that the legal duty exists, using
the WRITTEN words of law. I doubt he will... That would be
discussing substance.
|
=CHEEK=
JUSTICE WHITE delivered the opinion of the Court.
Title 26, 7201 of the United States Code provides that any person "who
willfully attempts in any manner to evade or defeat any tax imposed by
this title or the payment thereof" shall be guilty of a felony. Under
26 U.S.C. 7203,
"[a]ny person required under this title . . . or by regulations made
under authority thereof to make a return . . . who willfully fails to .
. . make such return" shall be
guilty of a misdemeanor. This case
turns on the meaning of the word
"willfully" as used in 7201 and 7203.
|
|
=COMMENT= As does any case
under 7201 or 7203. And any Chapter 75 case
turns on the definition of person covered
here.
|
The information is also
covered here on this web
site.
|
=CHEEK=
I. Petitioner John L. Cheek has been a pilot for American
Airlines since 1973. He filed federal income tax returns through 1979,
but thereafter ceased to file returns.
...
Petitioner's income during
this period at all times far exceeded the
minimum necessary to trigger the statutory filing requirement.
|
|
=COMMENT= What is the
definition of income as used in this sentence?
What is the definition of the word income used in the IRC? What is the
definition of income "in it's constitutional sense"?
|
Three more points Mr.
Smith has chosen to ignore.
|
=CHEEK=
In the course of its instructions, the trial court advised the
jury that, to prove "willfulness," the Government must prove the
voluntary and intentional violation of a
known legal duty, a burden that could not be proved by
showing mistake, ignorance, or negligence.
|
|
=COMMENT= There is more to
follow regarding this "known legal duty".
|
Notice how Mr. Smith
avoids discussion of the proof of this "known
legal duty".
|
=CHEEK=
II. The general rule that ignorance of the law or a mistake of
law is no defense to criminal prosecution is deeply rooted in the
American legal system.
Based on the notion that the law is definite and knowable, the common
law presumed that every person knew the law. This common law rule has
been applied by the Court in numerous cases construing criminal
statutes.
The proliferation of
statutes and regulations has sometimes made it
difficult for the average citizen to know and comprehend the extent of
the duties and obligations imposed by the tax laws. Congress has
accordingly softened the impact
of the common law presumption by making specific intent to violate the
law an element of certain federal criminal tax offenses. Thus, the
Court almost 60 years
ago interpreted the statutory term "willfully" as used in the federal
criminal tax statutes as carving out an exception to the traditional
rule.
...
Taken together, Bishop and Pomponio conclusively establish that the
standard for the statutory willfulness requirement is the "voluntary,
intentional violation of a known
legal duty."
|
|
=COMMENT= There is more to
follow regarding this "known legal duty".
|
Mr. Smith is not the only
collaborator that avoids discussion of the proof of this "known legal duty". |
=CHEEK=
III. Cheek accepts the Pomponio definition of willfulness, but
asserts that the District Court's instructions and the Court of
Appeals' opinion departed from that definition. In particular, he challenges the ruling that a
good-faith misunderstanding of the law or a good-faith belief that one
is not violating the law, if it is to negate willfulness, must be objectively reasonable. We agree that the
Court of Appeals and the District Court erred in this respect.
|
|
=COMMENT= Cheek challenges
the trial court's ruling that a good-faith
belief that one is not violating the law must be objectively
reasonable. The Supreme Court agrees. So no matter how ridiculous a
belief is, it negates willfulness.
|
Another point Mr. Smith
ignores: No matter how ridiculous a belief is, it negates willfulness.
|
=CHEEK=
A. Willfulness, as construed
by our prior decisions in criminal
tax cases, requires the Government to
prove that the law imposed a duty
on the defendant, that the defendant knew of this duty, and that
he voluntarily and
intentionally violated that duty.
|
This is key, and CRITICAL:
Willfulness
... requires the Government to prove that the law imposed a duty
on the defendant...
So how about it Mr. Smith, Do you think you can prove the law imposes a
duty on me?
|
=COMMENT= The only way to prove that the law imposes
a duty on a
defendant is for the government to
SHOW THE JURY the statute that
creates the duty. Never is proof shown to the jury that
there was a duty created by a
statute. Never is the statute the creates the duty shown to the jury.
|
Of course, Mr. Smith won't
discuss this.
|
=CHEEK=
We thus disagree with the Court of Appeals' requirement that a
claimed good-faith belief must be objectively reasonable if it is to be
considered as possibly negating the Government's evidence purporting to
show a
defendant's awareness of the legal duty at issue. Knowledge and belief
are characteristically questions for the factfinder, in this case the
jury. Characterizing a
particular belief as not objectively reasonable transforms the inquiry
into a legal one, and would prevent the jury from considering it. ... forbidding the jury to consider
evidence that might negate
willfulness would raise a serious question under the Sixth Amendment's
jury trial provision.
|
"[F]orbidding the jury to
consider evidence that might negate
willfulness would raise a serious question under the Sixth Amendment's
jury trial provision"
Wouldn't the failure of the government to "prove that the law
imposed a duty
on the defendant" be evidence that might negate willfulness?
I believe the catch-phrase for a lot of Tax Honesty Proponents is "Show us the law!"
Well Mr. Smith, "Show
us the law!" Oops, nevermind. That would be a discussion
of substance, something you don't engage in.
|
=COMMENT= Yeah, like
sanctioning Irwin Schiff every time he brought up
the law in the Corrupt judge dawson's Court.
|
Dawson was quoted as
saying something akin to "The law will not be discussed in my court".
A direct contradiction of "Willfulness ...
requires the Government to prove that the law imposed a duty
on the defendant..." as stated by the Supreme Court.
|
=CHEEK=
It was therefore error to
instruct the jury to disregard
evidence of Cheek's understanding that, within the meaning of the tax
laws, he was not a person required to file a return or to pay income
taxes and that wages are not
taxable income, as incredible as such misunderstandings of and beliefs
about the law might be.
|
|
=COMMENT= "Evidence" of "understanding".... Like the actual
freaking
written words of the statutes and regulations..... The Corrupt judge
dawson sanctioned Schiff every time Schiff voiced "evidence of Schiff's understanding".
|
|
=CHEEK=
B. Those cases [Murdock-Pomponio] construed the willfulness
requirement in the criminal provisions of the Internal Revenue
Code to require proof of knowledge
of the law. This was because in "our complex tax system,
uncertainty often arises even among taxpayers who earnestly wish to
follow the law" and "`[i]t is not the
purpose of the law to penalize frank difference of opinion or
innocent errors made despite the exercise of reasonable care.
|
"[T]he
willfulness
requirement in the criminal
provisions of the Internal Revenue Code to require
proof of knowledge of the law."
How can there be knowledge of a law and the duty imposed if the law is
never proven to exist?
Care to address that, Mr. Smith?
|
=COMMENT= Yet that "frank difference of opinion" and the
reasons
supporting it was not allowed before the jury.
Here is a summary of points:
1. A good faith belief that one is not violating the law negates
willfulness, whether or not the claimed belief is objectively
reasonable.
2. Statutory willfulness is the voluntary, intentional violation of a
known legal duty.
3. Forbidding a jury to consider
evidence that might negate willfulness
would raise a serious question under the Sixth Amendment's jury trial
provision.
4. The government must prove the voluntary and intentional violation of
a known legal duty.
5. Willfulness ... requires the
government to prove that the law
imposed a duty on the defendant.
6. The only way the government can
prove #5 is to show the jury the
written words of law.
7. Without #5, #4 can NOT happen.
8. When a court does not allow the defendant to force the government to
show the written words of law that the government claims imposes a duty
on the defendant (#5) the court has
effectively forbidden the jury to consider evidence
that might negate willfulness.
9. The government did NOT do #5 or allow #6 in the Simkanin trial, the
Rose trial, or the Schiff trial, and from what Mr. Jahn says, it sounds
like it didn't happen in Mr. Farnsworth's case either.
|
I've listed a bunch of
points that come from the Cheek case. Some in my comments to the
original dialog, and additional points plus highlighting the points of
the original that Mr. Smith ignores.
In the original post, I also summarized and numbered the points of
interest in the Cheek case.
Please observe what Mr. Smith chooses to address in his replies below.
|
Funny how you
continue to dodge...
Yes it is funny how you continue to dodge this:
Hey,
before you leave
maybe you could save another poor soul by
pointing out the error in their logic in this
post to the forum.
|
This is the
fifth time (5th.) that Mr. Smith has been asked to comment on the
LOGIC in the cited post. |
|
I'm
definitely
not a nut. I
want the government to meet with "the people" and to answer the
people's
questions.
When a federal court judge rules that the government no longer has to
answer to the people our country is in real trouble.
I endeavor to find the truth. I believe the govt. is out of control.
Everyday they engage in unconstitutional activities. I just wonder what
it will take for the people to say enough is enough.
Mr. Smith your posts sure do seem to be that of a govt employee.
Perhaps you could answer some of the questions that have been posed,
rather than continue to post similar messages over and over.
Wrongful convictions happen all the time. Ask the 100 plus death row
inmates that were wrongly convicted.
liberty |
Snicker.
You didn't fool Mr. Liberty either, did you Mr. Smith? |
|
Cheek was
convicted on
remand. Cheek re-appealed his conviction, but
was rejected. The Supreme Court let Cheek sit in prison, RIGHTFULLY
convicted like so many other tax protestors.
Meredith, Schiff,
Rose, Simkanin, Rose, Farnsworth, etc., etc., etc.,
all got to argue Cheek. And yet they sit in jail, RIGHTFULLY convicted.
|
More
assertions, and nothing of substance. All those points about the
Cheek case, and Mr. Smith can only threaten the uninitiated that bad
things will happen if you read the WRITTEN words of law. My
scroll bar says I'm 1/3rd through this web page and I have yet to read
anything really of substance on the law written by Mr. Smith.
This post here reminds me of my child hood: "My daddy can beat your
daddy up."
|
|
The government
HAS
answered WTP's questions,
|
An assertion without proof
may be refuted without proof. You are wrong.
|
see my previous post. |
You keep asking the
godfather why you should keep paying tribute. Vinny here is going
to answer your questions... Vinny, don't kill him. Just hurt him
enough to make him into an example for the other shopkeepers.
|
The
"Petition of Right" lawsuit is simply a cheap ploy by Bob Schulz to try
to slow down his own upcoming prosecution.
|
And that sentence is just
a cheap shot by a cockroach coward.
|
Also, there are methods of asking
tax questions to the IRS -- tax
attorneys do it every day by what is known as a request for a "Private
Letter Ruling".
|
The questions being asked
are questions of common application, therefore a private letter ruling
is inappropriate.
It really is a very simple question. And the answer is either yes, or
the answer is no.
"Should I use..."
The second question is, If the answer is no, prove it.
|
Now, why is it that Bob filed his
Petition of Right lawsuit instead of
simply asking his questions through a request for a PLR?
|
Mr. Smith
doesn't even
understand the questions being asked.
|
|
Funny how you
continue to
dodge...
Yes it is funny how you continue to dodge this:
Hey,
before you leave
maybe you could save another poor soul by
pointing out the error in their logic in this
post to the forum.
Oh, wait... That's because the WRITTEN words of IRC 7343 unequivocally
show that Chapter 75 penalties DO NOT APPLY to Schiff, Rose, or
Farnsworth.
|
This is the
sixth time (6th.) that Mr. Smith has been asked to comment on the
LOGIC in the cited post. |
|
|
It took six tries to get
Mr. Smith to address the cited page. See if he ever addresses the
LOGIC on the page.
|
You
don't know
what the term
"person" means? |
Emphasis mine. I
know exactly what the TERM person
means. The TERM
"person" means exactly what the WRITTEN words of the statutory definition say it
means. No more. No less. And since it is a statutory definition, The dictionary
definition DOES NOT APPLY.
I know exactly what the term means because I have read the WRITTEN
words of the statutory definition.
I have posted the WRITTEN words of the statutory
definition here, and here. The WRITTEN words of law trump your
assertions.
|
Hmmmm. Looks like the public schools
HAVE failed
you.
|
Remember folks, this is an
attempt to discredit me by insult so that you won't click the links and
read the actual WRITTEN words of law, in this case the WRITTEN words of
the statutory definition. |
Certainly, the courts (including the
U.S. Supreme Court) haven't had
any difficulty in determining what "person" means, as they routinely
allow tax protestors to sit in jail. Nor have the accredited legal and
constitutional scholars, etc.
|
Notice how Mr. Smith
avoids those WRITTEN words?
|
But wait! The pro wrasslin' crowd
has found that Silver Bullet!
|
Another
insult.
Quid Pro Quo, collaborator.
|
|
I think he actually
believes he has managed to get some of you to skip reading the page in
question. Note his change in tack when I post those WRITTEN words
so that they are in his face instead of at the other end of a
link. (He apparently has never seen the GEICO commercial where
the lizard says something like, 'visiting GIECO is like what, you
standing up?' Really. How hard does Mr. Smith think it is to
click a link?)
|
|
|
Since the page
linked above has text styles, I can just paste in the HTML
text as it appeared on the Trial Logs forum. I could not do this
on the page where this dialog originally took place.
|
Internal Revenue Code
CHAPTER 75 -
CRIMES, OTHER OFFENSES, AND FORFEITURES
Subchapter A - Crimes
PART I - GENERAL PROVISIONS
The following four sections of the IRC are
found in chapter 75.
(Highlighted in red to show important connections between the chapter 75 IRC penalty statutes and
the ever so important definition section.)
Internal Revenue
Code
Sec. 7201. Attempt to evade or defeat tax
Any person
who willfully attempts in any manner to evade or defeat any
tax imposed
by this title or the payment thereof shall, in addition to other
penalties provided by law, be guilty of a felony and, upon conviction
thereof, [shall have
bad things happen blah, blah.]
Bad things can only
happen if there is, in
fact, actually a tax imposed upon the person
named by the IRC. This IRC section does NOT create the
duty listed.
|
|
Internal Revenue
Code
Sec. 7202. Willful failure to collect or pay over tax
Any person required under this
title to collect, account for, and pay over any tax imposed by this
title who willfully fails
to collect or truthfully account for and pay over such tax shall, in
addition to other penalties provided by law, be guilty of a felony and,
upon conviction thereof, [shall
have bad things happen blah, blah.]
Bad things can only happen if there is, in
fact, actually a requirement by the IRC upon the person
named to collect, account for, and pay over any tax. This IRC
section does NOT create the duty listed.
|
|
Internal Revenue
Code
Sec. 7203. Willful failure to file return, supply information, or pay
tax
Any person required under this
title to pay any estimated tax or tax, or required by this title
or by regulations made under authority thereof to make a return,
keep any records, or supply any information, who willfully fails
to pay such estimated tax or tax, make such return, keep such records,
or supply such information, at the time or times required by law or
regulations, shall, in addition to other penalties provided by law, be
guilty of a misdemeanor and, upon conviction thereof, [shall have bad things happen
blah, blah.]
Bad things can only happen if there is, in
fact, actually a requirement by the IRC upon the person
named to pay a tax. This IRC section does NOT create the
duty listed.
|
|
In this next IRC section, we are going to
look at the person(s) to whom the above
penalty statutes apply.
|
The reason section (7343)
is so important is not clear to some people. To make it clear,
let us presume:
- That you are over the age of 18;
- Your locality has curfew laws for minors;
- For purposes of the curfew laws, the term "person"
includes any person that has not attained the age of 18;
- The penalty statute says, any person who is
apprehended in public between the hours of 22:00 and 05:00 the next day
shall be fined $50.
- You have just been arrested in public at 22:15 for
violation of curfew law.
Are you a person to which this law applies?
According to Mr. Smith, the answer is yes, because "If they wanted
to limit
the definition of "person" they would have said
"person means"."
|
TITLE 26 - INTERNAL
REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 75 -
CRIMES, OTHER OFFENSES, AND FORFEITURES
Subchapter D - Miscellaneous Penalty and Forfeiture Provisions
Sec. 7343. Definition of term "person"
The [statutory]
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.
|
|
The "person"
named by statute, to which the chapter 75
penalty statutes apply, are:
- An officer of a corporation who as such officer is
under a duty to perform the required act;
- An employee of a corporation who as such employee is
under a duty to perform the required act;
- A member of a partnership who as such partner is
under a duty to perform the required act;
- An employee of a partnership who as such employee is
under a duty to perform the required act.
|
|
Do you see an individual in their private
capacity? Do you see
an individual NOT in their capacity as an officer, partner, or employee?
|
Here are two questions Mr.
Smith chose to ignore. The questions go to the point of who
chapter 75 applies to.
|
To argue that includes
is a word of expansion is to argue that the term expands to include
individuals that are already contained within the generic meaning of
the word "person". If the generic meaning of the
word person is meant, there would be no need for expansion.
|
Here is the LOGIC Mr.
Smith was invited to comment upon. His answer totally ignores the
point made. There is no need to define the term "person" if the
dictionary definition is what the penalty statute was meant to apply to.
|
If officers, partners, and employees are NOT persons
until IRC section 7343 activates, then neither are you and I. And
if
it takes the activation of this IRC section to bring the listed
officers, partners, and employees within the term person,
it will likewise take the activation of a statute to just as
specifically bring you and I within the term.
|
Here is more LOGIC Mr.
Smith was invited to comment upon. His answer totally ignores the point
made. Officers, partners, and employees are already "persons" according to the dictionary
definition. Why would the term be defined to "include" items that are already in
the set alleged by Mr. Smith to be subject to Chapter 75 penalties?
|
The root word of includes means to
enclose. Much like the fence of a corral includes (encloses)
the herd of horses, the term "person" includes
(encloses) the specific officers, partners, and employees listed.
Unless used with supporting words such as "includes but is not limited to"
or "also includes", the term includes is a
word of limitation.
|
Mr. Smith ignores what the
naked word "includes" means in
the first place.
|
Free clue:
Link. |
The original page of
dialog posting did not have color text styles available. The
purpose of the free clue was to get his eyes on the color pages since
that does help understanding.
|
|
If they wanted
to limit
the definition of "person" they would have said
"person means". Instead, they say "includes"
which
means part of but
not exclusively. Thus, your whole theory goes down the flusher
right there.
|
Emphasis
mine. Compare Mr. Smith's words here with the WRITTEN words of the law
above.
I said at the top of this page, "Since Mr. Smith opens the door to the
canned answer below, I'll supply a link to the canned answer below."
Well, this is the "below" referred to. Mr. Smith has opened the
door to this canned answer.
And this one also.
|
Has one court EVER interpreted
"person" in such a limited fashion? Of
course not. Your definition is absurd, and it is not keeping anybody
out of jail, nor has anybody avoided jail because of it.
Nice attempt at a
Clinton-esque spin, though. Maybe you can work on the
definition of "is" next.
Like the rest of
your theories, nobody who matters agrees with you. |
Since Mr. Smith opened the
door to what the term "includes"
means, I posted a reply with a bunch
of court cases dealing with the meaning of includes, which obviously
determines what is meant by "the term
person includes".
Mr. Smith chose to ignore all those court cases that deal with the
meaning of the word "includes".
|
|
Instead, they
say
"includes" which means part of
but not exclusively.
|
Emphasis mine. Mr.
Smith is wrong in his naked assertion. So I posted a bunch of
citations impeaching his lie.
|
Black's
Law Dictionary, Sixth Edition, page 763 (1990):
“Include.
(Lat. Inclaudere, to shut in. keep within.) To confine within, hold as
an inclosure. Take in, attain, shut up, contain, inclose, comprise,
comprehend, embrace, involve. Term may, according to context, express
an enlargement and have the meaning of and or in addition to, or merely
specify a particular thing already included within general words
theretofore used. “Including” within statute is interpreted as a word
of enlargement or of illustrative application as well as a word of
limitation. Premier Products Co. v. Cameron, 240 Or. 123, 400 P.2d
227, 228.”
|
Mr. Smith chose to ignore
Black's Law Dictionary definition of "includes".
|
Bouvier's
Law Dictionary, 1856, Sixth Edition:
“INCLUDE (Lat. in claudere to shut in, keep within). In a legacy of
‘one hundred dollars including money trusted’ at a bank, it was
held that the word `including' extended only to a gift of one hundred
dollars; 132 Mass. 218...”
“INCLUDING.
The words `and including' following a description do not necessarily
mean `in addition to,' but may refer to a part of the thing described.
221 U.S. 425.”
-----------
|
Mr. Smith chose to
ignore
Bouvier's Law Dictionary definition of "includes". |
Black's
Law Dictionary, Sixth Edition, page 581:
“Expressio
unius est exclusio alterius. A maxim of statutory interpretation
meaning that the expression of one thing is the exclusion of another.
Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles,
170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies
exclusion of another.
When certain persons or things are specified in a law, contract, or
will, an intention to exclude all others from its operation may be
inferred. Under this maxim, if statute specifies one exception to a
general rule or assumes to specify the effects of a certain provision,
other exceptions or effects are excluded.” [Black’s Law Dictionary,
Sixth Edition, page 581]
-----------
|
Mr. Smith chose to ignore
Black's Law Dictionary definition of "Expressio
unius est exclusio alterius", a rule of statutory construction.
|
Montello Salt Co. v. Utah, 221 U.S. 452 (1911):
"The
determining word is, of course the word 'including.' It may have the
sense of addition, as we have seen, and of 'also;' but, we have also
seen, 'may merely specify particularly that which belongs to the
genus.' Hiller v. United States, 45 C. C. A. 229, 106 Fed. 73,
74. It
is the participle of the word 'include,' which means, according to the
definition of the Century Dictionary, (1) 'to confine within something;
hold as in an inclosure; inclose; contain.' (2) 'To comprise as a part,
or as something incident or pertinent; comprehend; take in; as the
greater includes the less; . . . the Roman Empire included many
nations.' 'Including,' being a participle, is in the nature of an
adjective and is a modifier."
...
"...The [lower]
court also
considered that the word 'including' was used as a word of enlargement,
the learned court being of opinion that such was its ordinary sense.
With this we cannot concur. It is its exceptional sense,
as the dictionaries and cases indicate.
We may concede to 'and' the additive power attributed to it. It gives
in connection with 'including' a quality to the grant of 110,000 acres
which it would not have had,-the quality of selection from the saline
lands of the state. And that such quality would not exist unless
expressly conferred we do not understand is controverted. Indeed, it
cannot be controverted....
---------- |
Mr. Smith chose to ignore
the Supreme Court's decision regarding the meaning of the word "includes".
Red highlight emphasis wasn't in the original post.
|
Treasury
Decision 3980, Vol. 29, January-December, 1927, pgs. 64 and 65
defines the words includes and including as:
“(1)
To comprise, comprehend, or embrace…(2) To enclose within; contain;
confine…But granting that the word ‘including’ is a term of
enlargement, it is clear that it only performs that office by
introducing the specific elements constituting the enlargement. It thus,
and thus only, enlarges the otherwise more limited, preceding general
language…The word ‘including’ is obviously used in the sense of its
synonyms, comprising; comprehending; embracing.”
------ |
Mr. Smith chose to ignore
the Secretary of Treasury's decision regarding the meaning of the word "includes". |
Powers
ex re. Covon v. Charron R.I., 135 A. 2nd 829, 832 Definitions-Words and
Phrases pages 156-156, Words and Phrases under ‘limitations’.
“Includes
is a word of limitation. Where a general term in Statute is
followed by
the word, ‘including’ the primary import of the specific words
following the quoted words is to indicate restriction rather than
enlargement.”
------- |
Mr. Smith chose to ignore
this lower court decision regarding the meaning of the word "includes".
Red highlight added for emphasis on THIS page.
|
Gould
v. Gould, 245 U.S. 151, at 153 (1917).
“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
operations so as to embrace matters not specifically pointed out.
In case of doubt they are construed most strongly against the
government and in favor of the citizen.”
[NOTE:
See also American Net & Twine Co. v. Worthington, 141 U.S. 468, 35
L.ed. 821, 12 Sup. Ct. Rep. 55; United States v. Wigglesworth, 2 Story,
369, Fed. Cas. No. 16,690; Rice v. United States, 4 C. C. A. 104, 10 U.
S. App.670, 53 Fed. 910, enziger v. United States, 192 U.S. 38, 55, 24
S. Sup. Ct.189.]
-------- |
Mr. Smith chose to ignore
the Supreme Court which stated in effect, implication don't get it in
tax law.
|
"As
a rule, `a definition which
declares what a term "means" . . . excludes any meaning that is not
stated'" [Colautti v. Franklin, 439 U.S. 379 (1979), n. 10]
----- |
Mr. Smith ignored a point
here he could have attempted to stretch to his purpose, showing that he
doesn't read what he replies to.
|
*"When
the words of a statute are unambiguous, the first canon of statutory
construction--that courts must presume that a legislature says in a
statute what it means and means in a statute what it says there--is
also the last, and judicial inquiry is complete." Connecticut National
Bank v. Germain, 503 US 249 (1992)
|
Sec. 7343. Definition of term "person"
The [statutory]
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. |
*"As
in all cases involving
statutory construction, "our starting point must be the language
employed by Congress," Reiter v Sonotone Corp., 442 US 330, 337, 60 L
Ed 2d 931, 99 S Ct. 2326 (1979), and we assume that the legislative
purpose is expressed by the ordinary meaning of the words used."
Richards v United States, 369 US 1, 9, 7 L Ed 2d 492, 82 S Ct. 585
(1962)
|
Sec. 7343. Definition of term "person"
The [statutory]
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
the terms of a statute are unambiguous, judicial
inquiry is complete except in rare and exceptional circumstances."
FREYTAG v. COMMISSIONER, 501 US 868 (1991), 115 L Ed 2d 764, pp. 767
|
Sec. 7343. Definition of term "person"
The [statutory]
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.
|
*"In
a statutory construction case, the beginning point must be the language
of the statute, and when a statute speaks with clarity to an issue,
judicial inquiry into the statute's meaning--in all but the most
extraordinary circumstance--is finished; courts must give effect to the
clear meaning of statutes as written." Estate of Cowart v. Nicklos
Drilling Co., 505 US 469, 120 L Ed 2d 379, 112 S Ct. 2589 (1992)
|
Sec. 7343. Definition of term "person"
The [statutory]
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. |
*"It
is not a function of the United States Supreme Court to sit as a
super-legislature and create statutory distinctions where none were
intended." AMERICAN TOBACCO CO. v PATTERSON, 456 US 63, 71 L Ed 2d 748,
102 S Ct. 1534 |
Sec. 7343. Definition of term "person"
The [statutory]
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.
|
*"The
United States Supreme Court cannot supply what
Congress has studiously omitted in a statute." FEDERAL TRADE COM. v
SIMPLICITY PATTERN CO., 360 US 55, p. 55, 475042/56451 |
Sec. 7343. Definition of term "person"
The [statutory]
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.
|
*"The
starting point in any endeavor to construe a Statute is always the
words of the Statute itself; unless Congress has clearly indicated that
its intentions are contrary to the words it employed in the Statute,
this is the ending point of interpretation." Fuller v. United States
615 F. Supp. 1054 (D.C. Cal 1985) , West’s Key 188 quoting Richards v.
United States, 369 US 1, 9, 82 S. Ct. 585, 590, 7 L.Ed. 2d 492 (1962) |
Sec. 7343. Definition of term "person"
The [statutory]
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. |
*"The
starting point for interpreting a statute is the language of the
statute itself; absent a clearly expressed legislative intention to the
contrary, that language must ordinarily be regarded as conclusive."
PRODUCT SAFETY COMM'N v. GTE SYLVANIA, 447 US 102, 64 L Ed 2d 766, 100
S Ct. 2051 (1980) |
Sec. 7343. Definition of term "person"
The [statutory]
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. |
*"Words
used in the statute are to be given their
proper signification and effect." Washington Market Co. v. Hoffman, 101
U. S. 112, 115, 25 L. Ed. 782, 783 (1879).
|
Sec. 7343. Definition of term "person"
The [statutory]
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. |
|
What were the comments of
Mr. Smith above regarding "credible" and "substance"? Mr. Smith
is starting to look a little light in both categories to me.
|
|
Mr. Smith in
one of your
previous posts you state that the government
has answered WTP questions. Can you please tell me where and when?
Im interested in
seeing their answers. Thanks. Liberty
|
A direct
question from Mr. Liberty.
|
|
Ignoring of
course that
the Supreme Court and the Circuit Courts of
Appeals has routinely allowed the convictions of tax protestors to
stand.
So, neither the
Supreme Court nor the Courts of Appeals gives
"includes" the interpretation that you so desperately want it to have.
|
Ignoring of
course that Mr. Smith ignored ALL the citations concerning the word
"includes". (Approximately 16 by my count.)
"So,
neither the
Supreme Court nor the Courts of Appeals gives
"includes" the interpretation that you so desperately want it to have."
Yeah right.
|
|
Joey,
What concerns me is
the underlying celebratory tone in your posts which raises suspicion
about your motives and morality.
Even
if the tax protestors are wrong, there are still some very fundamental
issues about the income tax system that should concern EVERYONE.
The second plank of
the communist manifesto is ... 2.
A heavy progressive or graduated income tax.
The communist mantra "from each according to ability, to
each according to their need"
is fed via the income tax which offers the most efficient means of
wealth redistribution necessary for advancing communism. It taxes those
that dare to produce for the benefit of those who don't. It punishes
anyone that dares to rise above the crowd, and rewards those who fail
to contribute. It is a system that discourages work and it has failed
wherever it has been attempted including the Jamestown settlement where
many settlers died of starvation as a result of the communist
experiment there.
For over a hundred
years, the people and
industries of this nation were free to prosper and grow without
government interference, but that is no longer true. Today, those who
dare to work and prosper are drained for much of their worth. They need
attorneys to assure they are in compliance with a growing number of
governmental regulations. They need CPA’s to assure they comply with
numerous tax laws. And, they must surrender over 20% of what they
produce to fund our ever growing government which apparently has no
bounds. Perhaps, this is why we have gone from the world's leading
producing nation to the world's leading debtor nation.
A growing
number of citizens are repatriating to other countries to escape the
growing police state. Those that remain find their bank and investment
accounts are monitored and any sizable transactions along with most of
their incomes are reported to the federal government. Citizens,
regardless of their mental capacities, are required to maintain
financial records and receipts throughout the year to comply with
government regulations. They're required to file annual declarations of
income under penalty of perjury after which many cower in their homes
waiting to see if they have been selected for a random audit this year.
Most citizens boast of living in a free nation, while ignoring the fact
that they shutter in fear at the thought of receiving a letter from the
IRS or having an agent knock at their door.
Those that fail to
comply along with some of those who make a sincere attempt to comply
find their assets seized and their homes and offices raided by abusive
government commandos armed with assault rifles often without the
benefit of due process. Underlining all of this is the reality that
there is absolutely no reason or justification for a progressive income
tax in a free nation. After cutting spending by reducing the size and
scope of our government, our country could continue to rightfully tax
the incomes of corporations and they could increase other tax streams
if necessary. There is absolutely no reason to harass American
citizens, beyond the governments increasing desire to number and
monitor each and every one of us.
People like you seem
to think
the proper role of government is to oppress, monitor and steal from its
citizens. Perhaps, you could tell us when that became the proper role
of government.
To me, the income tax
as you see it is contrary
to the principles this nation was founded upon and it conflicts with
every ideal of liberty. People that support such un-American systems of
oppression are traitors.
Whether the tax
protestors are right or
not about their interpretation of the law really doesn't matter. In
reality, the true Americans are those who recognize how repugnant this
system of taxation is and are working to abolish it. On the other hand,
those who applaud the persecution of those who dare to speak out
against it and those that embrace the suppression of freedom and the
growing cancer of communism that has brought this nation to the brink
of bankruptcy are truly un-American.
Consider this. If we
were
to abolish the income tax, we could probably cut the number of
parasitic tax attorneys and CPA's in this nation by half, reducing the
drain they impose on business and society. The resulting exodus of tax
attorneys, CPA's and unemployed government workers forced to seek work
abroad might cripple production in other nations, further strengthening
our nation here at home. Such a restoration of freedom and the boost to
our economy might be worth a try.
We shouldn't maintain
this
system just to enrich tax attorneys and CPA's, nor should we wait until
the nation is completely bankrupt to recognize our experiment with
communism was a failure. I wonder if the impending financial collapse
of this nation will change peoples tolerance for these repugnant
practices. Will people of your ilk will still be applauding the system
then?
David Jahn |
|
|
Personally, I
would do
away with the income tax in favor of one of
several alternative tax regimes. But that is a POLITICAL question, and
not a LEGAL one. The political criticisms of the income tax does not
make it any less
constitutional or legal. People go to jail not because the income tax
is inefficient, but because they wrongly believe that it is illegal --
usually falsely inspired by the
paytriot types who make money telling the gullible a lie.
This is a great
country. You are 100% free to vote Libertarian, and I
am 100% free to vote however I choose to vote (I am not wed to any
particular political party or belief). However, the system set up by
the Founders is that the
majority rules whether you or I individually like it or not, and the
majority has not shown any great propensity for changing the tax regime
anytime soon.
What would be your
alternative to the income tax? I could not support
either a flat tax or a national sales tax as that hurts the poor
(although it would personally cut my own tax burden quite a bit). I
could possibly support a VAT, but
have not been enthralled by the European experience with the VAT. I
concur that reducing the number of those engaged in the tax profession
would be a good thing,
but point out that those are generally smart people who would displace
the dumb here rather than go abroad.
|
|
|
Ignoring of
course that
the Supreme Court and the Circuit Courts of
Appeals has routinely allowed the convictions of tax protestors to
stand.
Ignoring of course that your naked assertions are meaningless.
So,
neither the Supreme Court nor the Courts of Appeals gives
"includes" the interpretation that you so desperately want it to have.
Your failure to read what I posted is noted.
paytriot
types
Your insult is noted. Also noted is that the owners of
http://www.synapticsparks.info
http://whatistaxed.com/
and
http://www.triallogs.com/
do not charge for, or sell, anything.
This
is a great country.
The Grand Canyon, The Rocky Mountains, The Great Lakes, The Mississippi
River. Yes, This is a great country. So is every other country with
beautiful natural wonders.
If you're speaking of politics, laws, and justice, you're full of shit.
According to the International Center for Prison Studies at King's
College in London, the US has 700,000 more of its citizens incarcerated
than China, a country with a population four to five times larger than
that of the US, and
1,330,000 more people in prison than crime-ridden Russia. The US has 5%
of the world's population and 25% of the world's prisoners.
As posted on the real Forum.
You
are 100% free to vote Libertarian, and I am 100% free to vote
however I choose to vote
A child knows Mom has some cookies and candy. The child says, "Mom I'm
Hungry. Can I have a snack?" Mom gives the child a choice. Mom allows
the child to VOTE so to speak. Mom allows the child to choose an apple
or some
celery.
(I
am not wed to any particular political party or belief)
HA HA HA HA. You don't get to choose the candy or cookies. You only get
to choose between an apple or celery.
However,
the system set up by the Founders is that the majority rules...
You are an ignorant one. Is our form of government a democracy? (It's a
trick question. The answer is NO.)
If our form of government is not a
democracy, what form of government is it? (Hint: Recite the pledge of
allegiance to
yourself. If you don't know it, you can find it here: PLEDGE
What
would be your alternative to the income tax?
Cut the monster down to the minimum size required JUST AS THE FOUNDERS
ENVISIONED. Then we can discuss how to fund it.
those
are generally smart people who would displace the dumb here
rather than go abroad.
So what do you do now? And if you are one of the displaced, what would
you choose to do instead?
|
|
|
The IRS has
answered WTP's
questions through a variety of notices and
publications, including those at http://www.irs.gov/irs/article/
0...=136751,00.html
In other words, WTP
could easily find the answers to its questions, but
instead chooses to repeat over and over "Our questions have not been
answered!" as if by sheer repetition that statement might someday
change from false to true.
|
This is Mr.
Smith's answer to Mr. Liberty's question. I've dealt with his BS
citing of the unofficial packet of half truths above.
|
|
Meredith,
Schiff, Simkanin
and many others. Those are the convictions
that the U.S. Supreme Court has allowed to stand. Ignore them as you do
all other reality.
Since you Hate
America so much, then why not leave? Nobody forces you
to stay here.
|
This post was
aimed at a post of mine. Mr. Smith's talks of ignoring
things... P-K-B
How many things has Mr. "waste of time" Smith ignored?
|
|
The IRS has
answered WTP's
questions through a variety of notices and
publications, including those at irs.gov/irs/article/
0...=136751,00.html
I'm ignoring the paragraphs on that page
that I don't have a problem with. The rest, I am going to post, one
paragraph at a time per post, to let you explain the IRS' lies. I am
further going to breakup the paragraph into each single sentence to
address each sentence. |
|
SECTION 2. COMMON FRIVOLOUS
ARGUMENTS.
This section sets out some of the most common frivolous arguments used
by taxpayers to avoid or evade tax.
“A taxpayer can avoid tax by filing a return that reports zero income
and zero tax liability.”
One needs to understand who or what a taxpayer is to understand who or
what is required to make a return in the first place.
|
|
Sec.
1313. Definitions
(b) Taxpayer
Notwithstanding section 7701(a)(14), the term "taxpayer" means any
person subject to a tax under the applicable revenue law.
Sec. 7701. Definitions
(a)(14) Taxpayer
The term "taxpayer" means any person subject to any internal revenue
tax.
|
Mr. Smith chooses to
ignore the definition of a taxpayer. |
Ah ha! If one is a
"taxpayer" then one is subject to the tax. But what
if one is NOT a "taxpayer"?
|
Thus Mr. Smith chooses to
ignore that not everybody is a taxpayer.
|
"The
revenue laws are a code or system in regulation of
tax assessment and collection. They relate to taxpayers,
and not to 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 [nontaxpayers] Congress
does not assume to
deal, and they are neither of the subject nor of the object of the
revenue laws". [emphasis
added] Economy Plumbing and Heating Co. v.
United States, 470 F. 2d 585 (1972)
|
|
So
if one is not a "taxpayer" then there is no requirement to file a
return in the first place. Lesson #1: Nontaxpayers do not file returns
in the first place. Filling a return is a form of admitting that one is
a taxpayer.
|
|
All taxpayers who
receive more than the statutory
minimum amount of gross income, from whatever source derived, must file
returns and pay tax.
|
If one is not a taxpayer,
then statutory minimums do not apply.
|
In order to understand
this, we must determine what "gross income"
actually is.
|
There I go, wanting to
look at the WRITTEN words of law that define the terms used again.
Run Joey Run! He's talking about substance and WRITTEN law again.
|
The phrase "from whatever
source derived" does not mean all money from
everywhere. This is covered in detail in this chapter:
evidence/c03/
index.html
on this page:
evidence/c03/
irc61.html
|
The linked pages speak for
themselves, and as Mr. Smith has proven, his index finger is
broken. He don't do links.
|
Cutting to the chase are
these WRITTEN words of a regulation:
|
|
...and
the regulations thereunder determine the sources
of income for purposes of the income tax. |
WRITTEN words of law Mr.
Smith ignores.
|
And: |
|
For
purposes of this section, the term exempt income means any income that
is, in whole or in part, exempt, excluded, or eliminated for
federal income tax purposes. |
WRITTEN words of law Mr.
Smith ignores. |
And: |
|
Income
that is not considered tax exempt.
The
following items are not considered to be exempt, eliminated, or
excluded income and, thus, may have expenses, losses, or other
deductions allocated and apportioned to them: |
WRITTEN words of law Mr.
Smith ignores. |
What are they
trying to hide?
Exempt = Not
Taxable;
Eliminated = Not Taxable;
Excluded = Not Taxable
Not
considered to be Exempt = Not considered to be Not Taxable;
Not
considered to be Eliminated = Not considered to be Not
Taxable;
Not
considered to be Excluded = Not considered to be Not
Taxable
Double Negatives cancel.
Not
considered to be Exempt = Considered to be Taxable;
Not considered to
be Eliminated = Considered to be Taxable;
Not considered to be Excluded
= Considered to be Taxable
|
Now let's parse the
original with a proper understanding of what they
are saying:
The
following items are considered to be taxable income
and, thus, may have expenses, losses, or other deductions allocated and
apportioned to them:
Compensation for labor is not on the list that follows except as earned
in another country.
|
|
No
law, including the Internal Revenue Code, permits a taxpayer who has
received wages or other income to file a return with zero income and
zero tax liability. |
|
Correct. Provided one has
actually received
wages (a statutorily defined term) or income (a constitutionally
defined term). If the word income means money coming in, then the
statement is a lie.
The statutory definition of wages is covered on this page in detail:
evidence/05/
irc3401.html
|
Also correct providing one
is actually a "taxpayer" as that term is statutorily defined.
Oops. More questions on substance and the WRITTEN words of the law.
|
If
a taxpayer has received income subject to federal tax, a return showing
only zeroes for income and tax liability is not a valid return.
NOTE: "If a taxpayer has received income subject to
federal tax"
Scroll up and re-read: "for federal income tax purposes."
|
Mr. Smith has ignored this
point also.
|
Further,
inclusion of the phrase “nunc pro tunc” or other legal jargon on an
income tax return does not serve to validate an otherwise improper
return.
http://www.lectlaw.com/def2/n083.htm
Nunc pro tunc literally means "now for then."
Occasionally,
a court or party to a divorce forgets to file the papers necessary to
obtain the final decree (after the interlocutory judgment has been
granted), and the result is that the divorce never becomes final. If
the oversight presents a problem (for example, one party has already
remarried, or there is a tax advantage to being divorced earlier), the
court may agree to issue a nunc pro tunc order, which grants the final
divorce retroactive to the earlier date.
This phrase is used to
express that a thing is done at one time which ought to have been
performed at another. Leave of court must be obtained to do things nunc
pro tunc, and this is granted to answer the purposes of justice, but
never to do injustice. A judgment nunc pro tunc can be entered only
when the delay has arisen from the act of the court.
|
"legal jargon"? This
is just as slimy in its failing to show evidence of just what it is
addressing as a certain other cockroach's bland inuendo.
|
I notice they did not
address an addendum to the jurat stating: "signed
under duress". |
I notice Mr. Smith failed
to address the "legal jargon"
of "signed
under duress".
|
|
Meredith,
Schiff, Simkanin
and many others. Those are the convictions that the U.S. Supreme Court
has allowed to stand.
Post the links that prove any of those cases were even brought before
the Supreme Court. A link to the Cert. Denied by the Supreme Court in
each of the stated political prisoner's cases is just as adequate.
Since
you Hate America so much, then why not leave?
You're the one attempting to shit on the Constitution's principles. YOU
LEAVE INSTEAD Komrade. I don't want any part of your
socialism/communism.
|
Mr. Smith has
repeated his diatribe to the point of... Joey! Go to your room
until your father gets home!
Keep in mind as you read his response to this particular post below,
all of the points, items, and topics Mr. Smith has outright ignored
above.
And this second sentence of his is so... quatloosian. As you can
tell, this cockroach is starting to become annoying.
|
|
SECTION 2.
COMMON
FRIVOLOUS ARGUMENTS.
This section sets
out some of the most common frivolous arguments used
by taxpayers to avoid or evade tax.
“Wages are not
taxable income, pursuant to section 1001, because
taxpayers have basis in their labor equal to the fair market value of
the wages they receive; thus, there is no gain to be taxed.”
Wages are only received by government employees. This is covered in
detail on this page: evidence/05/
irc3401.html
Nontaxpayers do NOT have wages as that term is statutorily defined. The
rest of the
sentence can therefore be ignored as having no bearing upon a
nontaxpayer.
|
This post was a
continuation of my analysis of the other end of a link Mr. Smith kept
trying to say had meaning. |
All compensation
received, no matter what the form of payment, must be
included in gross income under section 61. |
Code
of Federal Regulations
From the U.S. Government Printing Office via GPO Access
Sec. 1.61-1 Gross income.
(b) Cross references. Cross
references to other provisions of the
Code are to be found
throughout the regulations under section 61.
...
To the extent that another
section of the Code or of the regulations thereunder, provides specific
treatment for any item of income, such other provision shall apply
notwithstanding section 61 and the regulations thereunder. |
See: evidence/c02/ allinc.html and the
following page.
Also see: evidence/c03/
irc61.html
This includes
salary or wages paid in cash, as well as the value of
property and other economic benefits received from services performed
or to be performed in the future.
|
Chapter 2 of the Evidence
(link to the left) files steps the reader through the WRITTEN
statutes and regulations from section 61 to section 861. Only in
the case of statutory wages, is that compensation taxable. This
is detailed in the Evidence files. Details, that thing of
substance Mr. Smith chooses to ignore.
|
Code
of Federal Regulations
From the U.S. Government Printing Office via GPO Access
Sec. 1.61-2 Compensation for services, including fees, commissions, and
similar items.
(a) In general.
(1) [statutory] Wages, salaries,
commissions paid salesmen,
compensation for services on the basis of a percentage of profits,
commissions on insurance premiums, tips, bonuses (including Christmas
bonuses), termination or severance
pay, rewards, jury fees, marriage fees and other contributions received
by a clergyman for services, pay of persons in the military or naval
forces of the United
States, retired pay of employees, pensions, and retirement allowances
are [statutory? generic? Constitutional?] income to the recipients
unless excluded by law. |
|
evidence/03/cfr61- 2.html
|
|
Section 1001 governs gain or loss on
the disposition of property, and
has no application to compensation for services.
|
Compensation for labor is
the exchange of property for like value property. The value is
the same as evidenced by the transaction itself. Would you
exchange $100 worth of labor for $20? How about $100 worth of
labor for $100?
Three Supreme Court cases speak to the fact that labor is
property. One speaks to the fact that changing the form of
property does not change its essence. And one speaks to what an
excise tax is.
|
Butchers’
Union Co. v. Crescent City Co., 111 U.S. 746 (1884)
It has been well said that 'the property which every man has is his own
labor, as it is the original foundation of all other property, so it is
the most sacred and inviolable. The patrimony of the poor man lies in
the strength and
dexterity of his own hands, and to hinder his employing this strength
and dexterity in what manner he thinks proper, without injury to his
neighbor, is a plain violation of
this most sacred property. It is a manifest encroachment upon the just
liberty both of the workman and of those who might be disposed to
employ him. As it hinders the one
from working at what he thinks proper, so it hinders the others from
employing whom they think proper.' Smith, Wealth Nat. bk. 1, c. 10.
Labor IS property. Labor is a "most sacred property". |
Quote: "The
property which every man has is his own
labor, as it is the original foundation of all other property, so it is
the most sacred and inviolable."
|
Adair
v. U S, 208 U.S. 161 (1908 )
In our opinion that section, in the particular mentioned, is an
invasion of the personal liberty, as well as of the right of property,
guaranteed by that Amendment. Such liberty and right embrace the right
to make contracts for the purchase
of the labor of others, and equally the right to make contracts for the
sale of one's own labor; each right, however, being subject to the
fundamental condition that no
contract, whatever its subject-matter, can be sustained which the law,
upon reasonable grounds, forbids as inconsistent with the public
interests, or as
hurtful to the public order, or as detrimental to the common good.
…
The right to purchase or to sell labor is part of the liberty protected
by this Amendment, unless there are circumstances which exclude the
right.
…
In every case that comes before this court, therefore, where
legislation of this character is concerned, and where the protection of
the Federal Constitution is sought, the question necessarily arises: Is
this a fair, reasonable, and
appropriate exercise of the police power of the state, or is it an
unreasonable, unnecessary, and arbitrary interference with the right of
the individual to his personal liberty
or to enter into those contracts in relation to labor which may seem to
him appropriate or necessary for the support of himself and his family?
Of course, the liberty of
contract relating to labor includes both parties to it. The one has as
much right to purchase as the other to sell labor.'
Personal Liberty and Personal Right embrace the Right to make contracts
to sell one's own labor.
|
Quote: "
Personal
Liberty and Personal Right embrace the Right to make contracts
to sell one's own labor."
|
Coppage
v. State of Kansas, 236 U.S. 1 (1915)
The principle is fundamental and vital. Included in the right of
personal liberty and the right of private property-partaking of the
nature of each- is the right to make contracts for the acquisition of
property. Chief among such contracts
is that of personal employment, by which labor and other services are
exchanged for money or other forms of property. If this right be struck
down or arbitrarily
interfered with, there is a substantial impairment of liberty in the
long-established constitutional sense.
The right is as essential to the laborer as to the capitalist, to the
poor as to the rich; for the vast majority of persons have no other
honest way to begin to acquire property, save by working for money.
|
Quote: " Included
in the right of
personal liberty and the right of private property-partaking of the
nature of each- is the right to make contracts for the acquisition of
property. Chief among such contracts
is that of personal employment, by which labor and other services are
exchanged for money or
other forms of property."
|
* The rights of personal
liberty and private property are "fundamental
and vital".
* The right of making of contracts for acquisition of property is
"fundamental and vital".
* Personal (natural person) employment is such a contract of
"fundamental and vital" right.
* "Labor and other services are exchanged for money or other forms of
property."
* Labor (a form of property) is exchanged for money (a form of
property).
* Exchanging Labor for money is a "fundamental and vital" right.
|
|
Doyle
v. Mitchell Bros. Co., 247 U.S. 179 (1918 )
When the act took effect, plaintiff's timber lands, with whatever value
they then possessed, were a part of its capital assets, and a
subsequent change of form by conversion into money did not change the
essence.
|
Quote: "Change
of form by conversion into money did not change the
essence."
|
"Subsequent change of form
by conversion into money did not change the
essence", Nor could it. Timber lands are property, money is property,
labor is property.
|
|
Flint
v. Stone Tracy, 220 U.S. 107 (1911)
Excises are 'taxes laid upon the manufacture, sale, or consumption of
commodities within the country, upon licenses to pursue certain
occupations, and upon corporate privileges.' |
|
evidence/c04/ labor.html
|
|
|
Cert. denied
in Irwin's
first criminal conviction, just as one example (there are many, many
others):
cert. denied, 480
U.S. 945, 94 L. Ed. 2d 789, 107 S. Ct. 1603 (1987)
Now let's see lots
of your cutting-and-pasting irrelevant and
out-of-context quotes in response.
|
I asked for a
link so that Mr. Smith's naked assertions could be checked for validity.
Mr. Smith did not post a link.
Again, you can see Mr. Smith making naked assertions that have no
foundation to stand on.
Just because Mr. Smith ASSERTS that my quotes are out of context, don't
make it so...
As those of you who have actually taken the time to read those quotes
can see.
|
|
Mr. Smith have
you watched
America Freedom to fascism? I'm curious to
know because there are 4 congressmen in the movie that say there is no
law that requires you to file an income tax return. Should I not
believe these men?
Also I would like
to know your comments on the case in Illinois where
the prosecution failed to state such law and a group of intelligent
jurors filed a verdict of not guilty.
Are they wrong?
Thanks Liberty
|
I took the
liberty of correcting the spelling and punctuation of Liberty.
Editor type work.
Mr. Liberty's second paragraph is the one that elicited the outright
lie of Mr. Smith whereupon I terminated my wasting my time with him.
|
|
Yes, and I
found it boring.
|
Well of course you would
say that. The movie impeaches your unstated assertion that the
Tax Honesty Movement is wrong.
|
Which case are you talking about?
|
|
|
Meredith,
Schiff, Simkanin
and many others. Those are the convictions that the U.S. Supreme Court
has allowed to stand.
Post the links that prove any of those cases were even brought before
the Supreme Court. A link to the Cert. Denied by the Supreme Court in
each of the stated political prisoner's cases is just as adequate.
cert.
denied, 480 U.S. 945, 94 L. Ed. 2d 789, 107 S. Ct. 1603 (1987)
Perhaps I typed it too fast for you to comprehend the first time. I'll
type it slower this time.
_P_o_s_t_ _t_h_e_ _l_i_n_k_s_ _t_h_a_t_ _p_r_o_v_e_ _a_n_y_ _o_f_
_t_h_o_s_e_ _c_a_s_e_s_ _w_e_r_e_ _e_v_e_n_ _b_r_o_u_g_h_t_
_b_e_f_o_r_e_
_t_h_e_ _S_u_p_r_e_m_e_ _C_o_u_r_t_._ _A_ _l_i_n_k_ _t_o_ _t_h_e_
_C_e_r_t_._ _d_e_n_i_e_d_ _b_y_ _t_h_e_ _S_u_p_r_e_m_e_ _C_o_u_r_t_
_i_n_
_e_a_c_h_ _o_f_ _t_h_e_ _s_t_a_t_e_d_ _p_o_l_i_t_i_c_a_l_
_p_r_i_s_o_n_e_r_'_s_ _c_a_s_e_s_ _i_s_ _j_u_s_t_ _a_s_
_a_d_e_q_u_a_t_e_._
|
I asked for
links so that Mr. Smith could validate his assertions. Without
those linkS, (plural), Mr.
Smith is doing nothing more than "blowing smoke".
So I emphasized what I requested.
|
|
Mr. Smith,
Thanks for the
reply. Everyone that I know that has watched the movie
has found it fascinating. However, you didn't answer my other
questions, I asked if I should not believe the 4 congressmen who say
there is no law that requires the
average american to file an income tax return.
As far as the case
I believe the gent's name was Whitey Harrol (sp).
Liberty
|
Punctuation
and capitalization corrected.
Mr. Liberty is calling Mr. Smith on his ignoring of the questions asked.
|
|
They didn't
say "there is
no law" but rather they didn't
know where the law was.
|
Emphasis mine. The
IRS doesn't seem to know where the law is either.
IRS Commissioner Mark Everson doesn't know
where the law is. The SB/SE division head doesn't know where the law is.
Taxpayer advocacy division head Nina Olson
doesn't know where the law is.
|
As for Whitey Harrell, he didn't win
by proving he had no obligation to
pay taxes, but rather avoided conviction under the Cheek defense that
he didn't understand he had an obligation to pay taxes.
|
This is a flat out
lie. On THIS website is a speech by one of the juror's that
acquitted Whitey Harrell. The juror herself impeaches
Smith's LIE.
The We The People group wanted to have a hearing to discuss the WRITTEN
words of law with the 'government'. The 'government' agreed and
was going to attend... Until they got the advance copies of
the questions to be answered. Then the 'government' backed out.
It is a common theme for the 'government' to refuse to address the
WRITTEN words of law... Just like Mr. Smith and the rest of his ilk.
The We The People group attending the hearing is the group that Mr.
Schulz is affiliated with. The same Mr. Schulz that Mr. Smith
cockroached above.
The video source of the Whitey Harrell juror was recorded during the
"Truth In Taxation"
hearings.
|
This defense works about 1 time in
100,
and also worked in the Long and Kuglin cases.
|
The transcripts of the
Long and Kuglin cases also show that Mr. Smith is a LIAR.
Link to transcripts
|
Notably, the defense didn't work for
Cheek himself, who was convicted
on remand. As for Harrell, Long, and Kuglin, their acquittals did not
relieve them of their tax liabilities. Long worked for years to pay his
back taxes, interest, and
penalties, and Kuglin ended up giving up most of her FedEx retirement
pension as part of her settlement (she is still working the rest of it
off).
|
Mr. Smith still has NOT
proven any liabilities exist according to the WRITTEN words of
law. Show us the law!
Vinny here is going
to answer your questions... Vinny, don't kill them. Just hurt
them enough to make them into an examples for the other shopkeepers.
|
BTW, Russo's documentary has
received terrible reviews in the
mainstream press. |
I don't pay attention to
mainstream press because I know they lie to the American Public.
|
|
In
1983, 50 corporations controlled the vast majority of all news media
in the U.S. ... In his 4th edition, published in 1992, he wrote "in the
U.S., fewer
than two dozen of these extraordinary creatures own and operate 90% of
the mass media" -- controlling almost all of America's newspapers,
magazines, TV and radio stations, books, records, movies, videos, wire
services and photo agencies. ... When the 6th edition of The Media
Monopoly
was published in 2000, the number had fallen to six. Since then, there
have been more mergers and the scope has expanded to include new media
like the Internet market.
...
In 2004, Bagdikian's revised and expanded book, The New Media Monopoly,
shows that only 5 huge corporations -- Time Warner, Disney, Murdoch's
News Corporation, Bertelsmann of Germany, and Viacom (formerly CBS) --
now control most of the media industry in the U.S.
Cite |
Of course, TPs love it, but the vast
majority of
other viewers didn't. He's now having to give it away for free just to
try to attract viewers. It
would have been a better documentary had he now strayed off into the
nutso federal reserve conspiracy junk.
|
Again, Mr.
Smith ASSERTS his opinion.
To quote your own words back at you Mr. Smith: "When somebody
who matters
cares what you think, be sure to let me know."
|
|
Dale:
I gave
you the cite;
get off your intellectually lazy ass and look it up yourself. |
I just love this
cockroach's insult... LMAO...
"intellectually
lazy" Hee, hee. I've not only looked stuff up, I've
created a web site to inform other of what I have looked up.
www.synapticsparks.info
|
|
As far as the
case i believe the gent's name was Whitey Harrol (sp)
Whitey Harrell.
Here is a transcript of one of the speeches given by a juror with a
link to the video if you want to hear the words instead of read them:
tax/ghacquit.html
|
|
As for Whitey Harrell, he didn't win
by proving he had no obligation to
pay taxes, but rather avoided conviction under the Cheek defense that
he didn't understand he had an obligation to pay taxes.
|
I'm "intellectually
lazy" according to Mr. Smith... Yet right there in that post is
a link to a web page I made with the transcription I made, of the video
of the Harrell juror, and a link to my video source that proves
Mr. Smith is a LIAR. Or maybe he is just "intellectually
lazy" and didn't bother to research what he is blathering about.
|
I've
got you cold in a lie.
Folks, click the link, read the transcript, and see where THE ACTUAL
JUROR IMPEACHES MR. SMITH'S LIE.
Fletcher Reid, I don't dialog with prevaricating pissant bullshit kings.
Dialog is terminated.
Mr. Jahn, there is no longer any reason to let LIAR JOEY'S posts onto
this forum.
|
At this point,
I'm basically done with the little cretin.
|
|
Richard M.
Simkanin,
Petitioner v. United States.
No. 05-948.
SUPREME COURT OF
THE UNITED STATES
126 S. Ct. 1911;
164 L. Ed. 2d 663; 2006 U.S. LEXIS 3659; 74 U.S.L.W.
3617
May 1, 2006, Decided
PRIOR HISTORY:
United States v. Simkanin, 420 F.3d 397, 2005 U.S. App.
LEXIS 16199 (5th Cir. Tex., 2005)
JUDGES: [*1]
Roberts, Stevens, Scalia, Kennedy, Souter, Thomas,
Ginsburg, Breyer, Alito.
OPINION: Petition
for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
Simkanin's Supreme
Court case |
|
|
|
You're still a
liar, joey.
|
The only
reason I posted this is because Joey LIAR Smith assumed that Mr. Jahn
would follow my suggestion immediately and ban him from the forum, thus
Mr. Smith changed his name to get around the block he thought was there.
|
|
You are the
one who
implied that none of these cases had gone to the
U.S. Supreme Court |
Another lie by this little
cockroach. I did not imply any such thing. I held the little
cockroach's feet to the fire (all 6 of them) in regard to
substantiating his naked assertions.
Please notice that he only substantiated the Simkanin case as having
been brought before the Supreme Court.
Red emphasis below is mine.
|
|
Cert.
Denied
. The abbreviation used in legal citations to
indicate that the Supreme Court denied a Petition for Writ of
Certiorari in the case being
cited.
Someone with a legal claim files a lawsuit in a trial court, such as a
U.S. District
Court, which receives evidence, and decides the facts and law.
Someone who is
dissatisfied with a legal decision of the trial court can appeal.
In the federal
system, this appeal usually would be to the U.S. Court of Appeals,
which is required to
consider and rule on all properly presented appeals. The highest
federal court in
the U.S. is the Supreme Court. Someone who is dissatisfied with
the ruling of the
Court of Appeals can request the U.S. Supreme Court to review the
decision of the Court of
Appeals. This request is named a Petition for Writ of
Certiorari. The Supreme
Court can refuse to take the case. In fact, the Court receives
thousands of
"Cert Petitions" per year, and denies all but about one hundred.
If the
Court accepts the case, it grants a Writ of Certiorari.
"Review on writ of certiorari is not a matter of right, but a
judicial discretion.
A petition for writ of certiorari will be granted only for compelling
reasons."
Rule 10, Rules of the U.S. Supreme Court.
The U.S. Supreme Court's certiorari process is covered in Rules 10-16, Rules
of the
U.S. Supreme Court.
The effect of denial of certiorari by the U.S. Supreme Court is often
debated. The
decision of the Court of Appeals is unaffected. However, the
decision does not
necessarily reflect agreement with the decision of the lower court.
Cite
|
|
Oops. It looks like Mr.
Smith is confused about what Cert. Denied means.
|
AND you are the one who keeps
giving out-of-context
quotes from the U.S. Supreme Court even though they have shown no
inclination to buy
the goofy TP theories.
|
An assertion without proof
may be refuted without proof. My quotes are NOT out of context.
|
So whose really the
liar, Dale? |
You are.
And I have proof.
All anybody has to do is read what you said about the Harrell case, and
then read the transcript of the Harrell juror's speech.
|
BTW, Harrell is
STILL liable for his taxes, just like Long and Kuglin,
etc. |
Another naked
assertion.
|
He just avoided jail, unlike
Meredith, Schiff, Rose, Simkanin,
Farnsworth and the list goes on and on and on.
|
I'm still
waiting to see the law that creates this liability. If a judge
tells me 2+2=7, I know that judge is full of shit.
If a judge tells me I am liable for a tax without showing me the law
that creates this liability, I know that judge is full of shit also.
In fact, your entire string of posts is nothing but subtle threats to
the novice reader... You are stating in effect; If you go to court they
will beat you up.
Until you show me the law that makes me liable, you are full of shit
also.
|
So not only are you
a liar, but you are nuttier than a full can of Blue
Diamond almonds. |
I leave it to the reader
to decide. And I'm sorry for the language but after having to
read Smith's tripe for a second time to create this page....
|
|
bye liar.
|
Mr. Smith had
some parting discussion with a few others, and I could analyze those
statements the same as I have done with all the rest.... I'm
tired, and one can only stomach so much of the spew Smith hurled at the
forum.
|