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| 5/24 |
| 2001/4/13 [Politics/Domestic/California, Reference/Tax] UID:20962 Activity:insanely high |
4/12 Are there any good links on the thing about the federally income tax
not being legal? My google search only got me a lot of yellow on red
background rants with LOTS of CAPS for EMPHASIS. I'd like to see
something a bit more scholarly than the typical conspiracy crap. on
the net. Thanks.
\_ Overseen on wall.log:
Boredcast Message from 'tom': Fri Apr 13 09:03:16 2001
it's not important that americans get a tax cut at all.
americans are severely undertaxed
\_ Tom! Say it ain't so!! I knew you were a big-gov't anti-gun
Fascist but this is TOO much. It must be lie; slander.
Perhaps you were on a bad trip. explainP -Formerly Tom Fan #11
\_ <DEAD>givemeliberty.org<DEAD>
\_ http://evans-legal.com/dan/tpfaq.html
\_ if only this guy started to refute motd claims as well
\_ Search on http://www.freerepublic.com
\_ Just pay your fucking taxes.. sheesh.
\_ I will pay my taxes (for now). But at least I know
that taxes are illegal and amount to extortion from
liberals who want to waste my money on crappy projects
that are completely worthless.
\_ who pays for the glorious american infrastructure
you are using RIGHT NOW?
\_ [ deleted ]
\_ Wow, this is the longest I've ever seen an
anti-liberal post go without being deleted/censored.
What gives? [restored. twice]
\_ tom must be idle. At lunch on his gub'mint
salary job.
\_ Typical motd "I don't want to think about anything" spewage.
Just what exactly is wrong with asking for a link about a
current event topic? Even if the stuff is totally bogus, some
people still find it interesting. More interesting than the
Yet Another Security Bug, "yermom", C++ weirdness, or small
penis links that get posted. "WAAH! It's outside the scope
of my little geek world! Don't think about it! Don't post on
it! I want to stay ignorant and boring!" |
| 5/24 |
|
| evans-legal.com/dan/tpfaq.html Wages cannot be taxed because our labor is our property, and so a tax on labor would be a tax on property and a "direct tax" within the meaning of the Constitution. Procedural Fallacies * 41 The Internal Revenue Service has never adopted any regulations imposing any income tax. Furthermore, failing to file a tax return is not a crime because the relevant provisions of the Internal Revenue Code have never been implemented by regulations. Paranoid Delusions * 53 There are lots of tax protesters who have won cases against the IRS, such as John Cheek, Lloyd Long, and Gail Sanocki. Couldn't the courts be wrong about what the Constitution means? The Tax Protester FAQ Introduction What is the purpose of this FAQ? This "FAQ" is therefore not a collection of frequently asked questions, but a collection of frequently made assertions, together with an explanation of why each assertion is false. And the assertions addressed in this FAQ are not merely false, but completely ridiculous, requiring not just ignorance of law and history, but a suspension of logic and reason. Imagine a group of professional scientists who have met to discuss important issues of physics and chemistry, and then someone comes into their meeting and challenges them to prove that the earth revolves around the sun. At first, they might be unable to believe that the challenger is serious. Eventually, they might be polite enough to explain the observations and calculations which lead inevitably to the conclusion that the earth does indeed revolve around the sun. Suppose the challenger is not convinced, but insists that there is actually no evidence that the earth revolves around the sun, and that all of the calculations of the scientists are deliberately misleading. At that point, they will be jaw-droppingly astounded, and will no longer be polite, but will evict the challenger/lunatic from their meeting because he is wasting their time. At first, they try to be civil and treat the claims as seriously as they can. An appeal that lacks merit is not always--or often--frivolous. However we are not obliged to suffer in silence the filing of baseless, insupportable appeals presenting no colorable claims of error and designed only to delay, obstruct, or incapacitate the operations of the courts or any other governmental authority. It is a hodgepodge of unsupported assertions, irrelevant platitudes, and leglistic gibberish. The court not only ruled against Crain, but imposed a damage award against him (essentially a fine) of $2,000 for bringing a frivolous appeal. So, when a judge calls an argument "ridiculous" or "frivolous," it is absolutely the worst thing the judge could say. It means that the person arguing the case has absolutely no idea of what he is doing, and has completely wasted everyone's time. This FAQ addresses only assertions that are frivolous, and only questions of law, not politics or economics. It is not the purpose of this FAQ to criticize any opinion, or stifle any debate, about the proper scope or operation of the federal tax system. For example, claims that the federal income tax is unfair, morally equivalent to theft, or bad economic policy are all matters of opinion, not law, and are outside the scope of this FAQ. However, a claim that the federal income tax is unconstitutional, unenforceable, or inapplicable is an assertion of law and is within the scope of this FAQ. Finally, it should be noted that this FAQ does not include all of the decisions of all the federal courts that have been forced to deal with tax protesters and tax protester arguments, but includes mainly published decisions of the United States Supreme Court and Circuit Courts of Appeal that have most clearly refuted these tax protester claims. A few District Court and Tax Court decisions have been included to fill some gaps, as well as a few unpublished Circuit Court of Appeals decisions, but hundreds of published decisions of the Tax Court and District Courts have not been included, as well as many published and unpublished decisions of the Courts of Appeals. The phrase "tax protester" is commonly applied to two types of people: People who refuse to pay taxes in order to protest policies of the federal government that are supported by those taxes (such as people who refused to pay taxes during the Vietnam War); This FAQ uses the phrase "tax protester" in the second sense, referring to people who refuse to file returns or pay taxes because of ridiculous and far-fetched arguments against the validity or application of the tax laws. Secondly, they claim that they are not "protesting" the tax laws, but only arguing that the tax laws do not apply to them or their income. Many (if not most) tax protesters do not object to the federal income tax; Although the phrase "tax denier" may be more accurate, this FAQ will continue to use the more traditional description of "tax protester" to describe tax deniers and the arguments they raise. The concern seems to have been about a form of "capitation" (or "per person") tax imposed in England before the Revolution under which taxes were imposed on each citizen based on the value of the land owned by the citizen. The wealthy southern states of the new United States, with large plantations owned by relatively few people, may have been concerned about the imposition of a tax on the value of land and so sought an assurance that all "capitation" taxes would be allocated among the states in proportionate to their populations, not their wealth. Supreme Court adopted this narrow view of "Capitation, or other direct, Tax," when it decided the case of Hylton v. Four separate opinions were written by the justices who heard the case (separate opinions were the common practice of that day), and all four justices agreed that "direct tax" was limited to a tax on the value of land (and slaves, who were considered to be part of the land). The question of whether an individual income tax was a "direct tax" within the meaning of the Constitution did not arise until the Union enacted an income tax during the Civil War. The Supreme Court followed the opinions from the Hylton decision and ruled unanimously that an income tax was an "excise," and not a "direct tax," and did not need to be apportioned among the states. The Court then concluded that a tax on rents received from real property was a "direct tax" and unconstitutional unless apportioned. On rehearing, the same five justices decided that a tax on dividends, interest, and other income from personal property (property other than land) was also a "direct tax" and so unconstitutional unless apportioned. Wages, salaries, and other earned incomes could be taxed, and income from manufacturing and other business activities could be taxed, but rents, interest, dividends, and other incomes from property could not be taxed without apportionment (a very awkward process). Although the meaning of "direct tax" has often been questioned, it was always understood that taxes imposed by Congress could apply to, and be collected from, individual citizens. Of the four justices who heard the case, three were members of the Constitutional Convention that drafted the Constitution, and presumably knew what it meant. Since the Hylton decision, no judge in the United States has ever suggested that the federal government cannot impose a tax on individual citizens. The mistake made by tax protesters is in assuming that the phrase "Capitation, or other direct, Tax" in the Constitution is a reference to any tax that is collected directly from the person on whom it is imposed, while "indirect" taxes such as "Duties, Imposts and Excises" are collected on goods during manufacture, or in transit, and the ultimate burden is passed along to someone else (usually the consumer). The Supreme Court has consistently held that the Constitution divides all taxes into two groups. One is any "Capitation, or other direct, Tax" (usually referred to as "direct taxes") and the other is "Duties, Imposts and Excises" (usually referred to as "indirect taxes"). This principle was expanded by the Supreme Court in Pollock v. So, a "direct" tax is a tax on the ownership of prop... |
| www.freerepublic.com -> www.freerepublic.com/ Posted by Shermy On 04/14/2004 3:59:56 PM PDT Al Jazeera April 15, 2004 A deal between Iraqs rebellious Shia cleric Moqtada al-Sadr and the US-led occupation authorities is said to be imminent. Abd al-karim al-Anzi, an envoy appointed by Sadr to lead negotiations aimed at averting bloodshed in the holy city of Najaf, said on Wednesday that a deal could be struck in the next 24 hours. I met US officials today and the talks were extremely positive, Anzi said. There was no immediate comment from the occupation authorities, who have threatened to either kill or capture Sadr. Posted by StoneColdGOP On 04/14/2004 3:53:48 PM PDT Claremont Institute 3-29-04 By Victor Davis Hanson In an age where nuance and sensitivity in language are valued more than resoluteness on the battlefield, it is not an easy thing to praise the career of General George S. 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The partisanship can come out in the strategic analysis each does for the respective parties, although the spin presented is usually substantive. Posted by Patriot62 On 04/14/2004 12:11:51 PM PDT with 122 comments Drudge Drudge After just two weeks on the air, Air America Radio, the fledgling liberal talk-radio network featuring Al Franken and Janeane Garofalo, appears to have encountered serious cash-flow problems. The CHICAGO TRIBUNE is developing a story, insiders tell DRUDGE, on how the network was pulled off the air this morning in Chicago and Los Angeles, the networks second- and third-largest markets, because, the owner of both stations said, the network bounced a check and owes him more than $1 million! Posted by SJackson On 04/14/2004 11:40:35 AM PDT with 24 comments CNN April 14, 2004 WASHINGTON CNN - President Bush met Wednesday at the White House with Israeli Prime Minister Ariel Sharon and praised Sharons proposed withdrawal from Gaza and parts of the West Bank. 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Posted by kattracks On 04/14/2004 4:03:43 AM PDT with 49 comments Yahoo News 4/14/04 Gleb Bryanski , Reuters NEAR NAJAF, Iraq Reuters - United States forces... |