"I will strike the Shepherd, And the sheep will be
scattered."
[Mark
14:27, Bible, NKJV]
Suffering for God's Glory
Beloved, do not think it strange concerning the
fiery trial which is to try you, as though some strange thing happened
to you; but rejoice to the extent that you partake of Christ's
sufferings, that when His glory is revealed, you may also be glad with
exceeding joy. If you are reproached for the name of Christ, blessed are
you, for the Spirit of glory and of God rests upon you. On their [DOJ's]
part He is blasphemed, but on your part He is glorified. But let
none of you suffer [or be wrongfully prosecuted] as a murderer, a thief,
an evildoer, or as a busybody in other people's matters. Yet if
anyone suffers as a Christian, let him not be ashamed, but let him
glorify God in this matter.
For the time has come for judgment to begin at the
house of God; and if it begins with us first, what will be the end of
those who do not obey the gospel of God? Now "If the righteous one is
scarcely saved,
Where will the ungodly and the sinner [and lying lawyers and tax
collectors with a conflict of interest] appear?"
Therefore let those who
suffer according to the will of God commit their souls to Him in doing
good, as to a faithful Creator.
[1
Peter 4:12-19, Bible, NKJV]
NOTE: For the latest
up-to-date information on this case, please visit our
Tax Case Study page
DISCLAIMER: All of the information quoted in
this article and appearing both on this website and all other
websites referenced in this article is exclusively religious and
political speech and beliefs which is not factual, and not
actionable and is therefore completely protected by the
First
Amendment. This is confirmed by the
Family Guardian Disclaimer
and the SEDM Disclaimer. If DOJ wants to
unlawfully "transmute" this speech into
factual speech and then call it false and prosecute it, against the wishes and
objections of the speakers and authors, then they are also going
to have to sue every politician on the planet for
the LIES they make as campaign promises and the political
contributions that they produce, which are "commercial speech".
Otherwise, they are practicing "selective enforcement" and
discrimination. Fundamental to the First Amendment is the
notion that we not only have a right to speak, but that we have
a right as the speaker to define the significance and nature and
meaning of what we are saying. To deprive anyone of that right
is to DESTROY the
First Amendment and violate the oath of the prosecutor and
judge who swore to uphold and defend the Constitution. All
such acts of TREASON are punishable by DEATH, according to
18 U.S.C. §2381.
"Getting treasures [or increased
UNLAWFUL tax
revenues] by a lying tongue [and slander] is
the fleeting fantasy of those who seek death."
[Prov.
21:6, Bible] "If there is any fixed star in our
constitutional constellation, it is that no official,
high or petty, can prescribe what shall be orthodox in
politics, nationalism, religion, or other matters of opinion
or force citizens by word or act their faith therein.
If there are any circumstances which permit an exception,
they do not now occur to us."
[West
Virginia State Board of Education v. Barnette, 319 U.S. 624;
63 S.Ct. 1178 (1943)]
The use of quotes from this and other websites may not be used
to infer that the author of this article is the author of the
material quoted. These quotes are made only to illustrate
or amplify our religious and political beliefs using religious
and political speech that is not factual and not actionable.
The information appearing on this website is a collaborative
effort among many authors, all of whom prefer to remain
anonymous in order to protect themselves from the very
persecution documented in this article on the part of the
Department of Justice:
“Under our
Constitution, anonymous pamphleteering is not a pernicious,
fraudulent practice, but an honorable tradition of
advocacy and of dissent. Anonymity is a shield from the
tyranny of the majority” [McIntyre
v. Ohio Elections Commission, (1995)]
|
1. INTRODUCTION
This
article will respond to false commercial speech and allegations directed
at C. Hansen by the Department of Justice. We do not know
whether the "C. Hansen" they are referring to in the Complaint is the
same one who created some of the works appearing on this website. Likewise, this article was
not necessarily written by "C. Hansen", although a person with a name
similar to that is the copyright owner of everything on this website. Based on the many
inconsistencies between the behavior described in the pleading and the
actual behavior of people associated with this website, it would appear
that the government is either committing fraud or has the C. Hansen
associated with this website confused with another person. Only
admissible evidence will be able to determine that. This website will
not defend or address allegations about SEDM directly, because C. Hansen is not
authorized to speak for them. The only reason they might be
mentioned here is because we are their friends and we have links to
their website and we want to ensure that we aren't associated with any
false or illegal activity. The false allegations made by the
public servants
in the Complaint constitute:
- Libel and slander.
- "False commercial speech" because keeping people ignorant and
uneducated by shutting us down will facilitate further extortion and
illegal enforcement of the Internal Revenue Code by the IRS
- Advocacy of illegal activity. When the government does
anything to mislead the public about what a law says by withdrawing
truth (such as this website) from the marketplace of ideas and using
words of art in its political propaganda and its publications (such
as the IRS publications), it is inciting unconstitutional activity.
- Malicious abuse of legal process in
violation of
18 U.S.C. §1589(3).
- Violation of
due process. No
evidence was presented to support even one of the false allegations
made in complaint.
- Deprivation of rights in violation
of
42 U.S.C. §1983.
Fourth Amendment right to privacy of the parties about which
information is sought, even though no evidence was presented of
unlawful activity.
First Amendment right to practice religious beliefs and to
assemble to fight evil and unlawful behavior.
- Kidnapping in violation of
18 U.S.C. §1201. The "C.
Hansen" at this website who does not maintain a
domicile in any federal judicial district
and the complaint can only apply to events that happened on land
that is within such a district. Therefore, they must have the
wrong "C. Hansen". This area includes land only which
was ceded to the federal government under an act of the state
legislature and/or subject to exclusive federal jurisdiction under
Article 1, Section 8, Clause 17. Assuming or presuming any
other result is a violation of due process and kidnapping.
- Denial of equal protection of the
laws under
Fourteenth Amendment Section 1, and
42 U.S.C. §1981. Since the audience for the materials
produced by C. Hansen is ONLY "nontaxpayers", and since the IRS
not only doesn't help, but persecutes "nontaxpayers" not within
their jurisdiction, then by depriving these people of help and
educational materials, they are being discriminated against and
deprived of equal protection of the laws.
- A conflict of interest.
18 U.S.C. §208
makes it a personal financial conflict of interest for a jurist,
federal employee, attorney, or judge to hear, rule one, or work on
any case relating to an income tax that they either pay or receive
benefits from.
- Vexatious, unnecessary, fraudulent, and
prejudicial litigation subject to sanctions under
Federal
Rule of Civil Procedure 11(c)
- Conspiracy against rights in
violation of
18 U.S.C. §241.
Section 3 of this article will also establish that the attorney who filed the
complaint used copyrighted materials off of the Family Guardian Website,
and is therefore subject to the terms of the
Copyright/Software License Agreement and
Disclaimer applying to all such
materials. These terms include:
- Personally liable for $300,000 out of his own pocket for
violating the agreement.
- Has agreed to substitute himself as the adjudged party
- Has agreed to pay all attorneys fees and legal fees spent by the
defense.
- Has agreed to pay the alleged defendant an additional
$10,000,000 out of his own pocket BEFORE he testifies because he
refused to bring alleged errors and incorrect statements to the
attention of the website BEFORE undertaking
litigation. He has also agreed to forfeit 50% of his pay as a
civil servant and donate it to the ministry in order so subsidize
efforts to educate and help nontaxpayers who have been hurt by this
serious and bad faith omission.
- Has authorized the alleged Defendant to exercise Limited Power
of Attorney on his behalf. See:
http://famguardian.org/LPOA.pdf
Consequently,
the proper Defendant to this lawsuit is the attorney who signed the
original complaint, which in this case is "Martin Shoemaker".
The defendant has already served himself by preparing and filing the
pleading. Thank you! The
fee for the services of "C. Hansen" or any member of this ministry to
become involved in your lawsuit against yourself is $10,000 per hour,
and the Supreme Court says that every man has the right to charge
whatever he wants for his services. It was about ten hours to
prepare this article, and to help you by trying to explain to you that
you are prosecuting yourself. Therefore, your bill so far is
$100,000. Pay up NOW or we are going to levy your pay, dude!
If you would like to read the Answer,
click here.
2. RESPONSE TO PRESS
RELEASE STATEMENTS
On May 2, 2005, the Department of Justice posted an indictment of
a person named "C. Hansen" relating to exclusively free speech appearing possibly on this website.
Below is the press release relating to the alleged indictment. We
have added clarifying language to the government's propaganda to show
the extent of their deliberate deception, which they, not us, label as
"fraud":
JUSTICE DEPARTMENT SUES TO HALT SAN DIEGO
MAN’S ALLEGED TAX-FRAUD SCHEMES
San Diego Man Fraudulently Changed Individuals
Citizenship to Evade Income Tax
WASHINGTON, D.C. - The Justice Department today asked a
California federal court to permanently bar C. Hansen, of
San Diego, from selling tax-fraud schemes. The civil injunction suit,
filed in the U.S. District Court for the Southern District of
California, in San Diego, alleges that Hansen markets [the
About Us page
says we aren't allowed to market] a number of products and services to
help customers [church members who are
nontaxpayers ONLY] illegally evade federal taxes and
obstruct IRS investigations of their illegal activities [using ONLY
their Constitutional rights, which even the federal courts admit cannot
be converted into a crime or injury]. The government
also seeks a court order directing Hansen to provide the government his
customers’ names, mailing and e-mail addresses, and telephone and Social
Security numbers [meaning no one, because he has no customers].
According to the [bogus] complaint, Hansen [on a FREE public domain
website which he charges nothing for] helps [educates only but not
ASSISTS only by his own example and not by directing anyone] customers [church ministry members
who are nontaxpayers
ONLY] prepare false tax returns and forms or tells customers not to file
a return at all [is free speech a crime?]. Hansen allegedly tells customers [Himself ONLY.
The Disclaimer says "you", "we"
are defined as the author, and not other readers, and the
author does not classify himself as a "customer"] that the federal
income tax [under Subtitle A ONLY] applies [may be enforced against] only to federal workers and that wages
cannot be
taxed [the Disclaimer page, in
fact, says that "wages" as legally defined CAN be taxed]. Courts
[that have no jurisdiction within the states nor over the people he
educates] across the country have
repeatedly rejected these arguments, labeling them frivolous [when
applied to people in the federal zone only, which we agree with].
“People who sell tax scams enrich themselves at the expense of
their customers and law-abiding Americans who pay taxes,” said Eileen J.
O’Connor, Assistant Attorney General for the Justice Department’s Tax
Division. “The Justice Department and the Internal Revenue Service are
working vigorously to stop the promotion of tax fraud.”
The suit also alleges that Hansen peddles a “Citizenship
Administrative Program,” which he fraudulently claims will enable
customers to repudiate their U.S. citizenship in favor of “American
National citizenship” and thereby remove themselves from the federal
income tax system. Hansen allegedly charges $2,000 for one person or
$2,700 for a couple for this purported service. A federal court in
Colorado enjoined a similar tax scam in 2003. More information about the
Colorado case is available at
http://www.usdoj.gov/tax/txdv03641.htm.
The Justice Department has sought and obtained injunctions against
a number of tax-scheme promoters. More information about these cases is
available on the Justice Department website at
http://www.usdoj.gov/tax/taxpress2005.htm. More information about
the Justice Department’s Tax Division can be found at
http://www.usdoj.gov/tax.
At the same time as they launched the attack on us, they also
targeted two other high profile groups: Save a Patriot and the
Free Enterprise Society. FES was posted the same day on the DOJ
website and SAPF was attacked on May 12. Both of these
organizations are listed on the
Family Guardian "Getting Help" page.
Below is a rebuttal of untruths in the above Propaganda Release, point by
point. Issues not addressed do not constitute a default or
admission of any kind:
-
FRAUDULENT STATEMENT #1:
"The Justice Department today asked a California federal court to
permanently bar C. Hansen, of San Diego, from selling
tax-fraud schemes."
THE FACTS AND LAW: A "fraud" is legally defined as a willful
misrepresentation of the truth. Family Guardian tells people repeatedly
throughout its materials that they should NEVER lie or misrepresent
anything to anyone. "Willfulness" is a prerequisite to every
federal tax "crime". Below are just a few examples where we
specifically mention that people should NOT lie or deceive anyone:
a. "WARNING!:
NEVER, EVER willfully commit fraud under penalty of perjury on
any government form. This is a criminal offense that will land
you in jail. "
Click here and read the Federal and State Tax Withholding
Options for Private Employers, section 21.2.1.
b. "This
section establishes that one should never lie or commit fraud on
their tax return or aid in committing fraud against the United
States".
Click here and read this statement in
Sovereignty Forms and Instructions Manual, section
2.2.12. In this section, we also suggest
that the government should be prosecuting private employers who
compel people to submit a W-4 that misrepresents their status on
the form, or which they know is the wrong form because the W-8
is the right form in their case.
c. Most of
Great IRS Hoax Chapter 5 shows "you", which the
Disclaimer says is "us", how to
avoid misrepresenting one's status on federal forms. It is
designed to prevent, not encourage fraud on federal forms.
d. The
About Us page says:
"We
do not advocate
violence or
terrorism or threats or unlawful activity of any kind
against anyone, and especially by our government.
The focus of this website is to promote the lawful
and
Constitutional administration of our
country's tax and legal systems and to discourage
unlawful activities of every kind, mostly by the
government."
The above mission is completely
inconsistent with committing fraud or willful crime of any kind.
Furthermore, no one from the government has ever even once
provided credible evidence that would rebut the content of the
Tax Deposition Questions, which are the foundation of the
position on this website, in spite of the fact that Family
Guardian BEGS them
to do so in the About Us page
as a means to improve the content of this website. By the
sin of omission in refusing to constructively help us improve
and correct any inaccuracies or false statements that might
remain on this website, they have become active participants in
spreading any inaccuracies that might remain on this website
because of their silence.
Furthermore, the statement indicates
that C. Hansen is "of San Diego". His "domicile"
is NOT San Diego. San Diego is NOT the place he "intends" or
consents to inhabit permanently. His chosen "domicile"
is Heaven and no place on earth. This fact is clearly
established in the article entitled "Why
'domicile' and income taxes are voluntary." and also
in his Answer to their complaint.
-
FRAUDULENT STATEMENT #2:
"Hansen markets a number of products and services to help customers
illegally evade federal taxes and obstruct IRS investigations of
their illegal activities."
THE FACTS AND LAW: The
Disclaimer page on both
SEDM and
Family Guardian state that
none of the educational materials available are available to "taxpayers",
"U.S.
citizens", "U.S.
residents", or those engaged in a "trade
or business" and that only "nontaxpayers", who are persons that
are not subject to the Internal Revenue Code, may obtain or use any
of the educational materials. The first item in the
Copyright/Software/License
Agreement also says that none of the information available on
Family Guardian may be used to accomplish an unlawful purpose.
We have no control or influence over people who are abusing free
speech found on this website or using it in violation of the license
agreements and it is unfair and unreasonable to hold us responsible
for the abuse or unauthorized us of our protected religious,
political, and not factual speech.
Since none of the people who are
authorized to read the information here are "taxpayers",
then they can have no liability for tax by definition and it is
legally and physically impossible to reduce the tax liability of a
person who is not liable to begin with. Below
is the definition of "tax shelter" that proves this:
"Tax shelter.
A device used by a
taxpayer
[and "taxpayers"
are not allowed by our
Disclaimer to use this website] to reduce or defer payment
of taxes. Common forms of tax shelters include: limited
partnership interests, real estate investments which have
deductions such as depreciation, interest, taxes, etc." [Black's
Law Dictionary, Sixth Edition, page 1462-1463]
Consequently, it is impossible to
help a person with no tax liability to "evade" a tax that he has
implied and stated under penalty of perjury that he
is not liable for or subject to. It is a violation of the
Copyright/Software License
Agreement
to:
-
Educate or otherwise
help
people who are "taxpayers".
-
Use the materials or
information available here for an illegal or unlawful purposes.
-
Hold us responsible
for any inaccuracies.
-
Conduct litigation
against us for inaccuracies without first notifying us of the
inaccuracy and giving us a chance to fix it.
-
Act as a witness or
informant against us in any litigation directed against this
ministry.
Furthermore, the IRS is only allowed to help or
deal with "taxpayers" and so it is impossible to
interfere with enforcement actions against "nontaxpayers" unless the
IRS is violating the law. It says that in their Mission
Statement in IRM
Section 1.1.1.1.
1.1.1.1
(02-26-1999)
IRS Mission and Basic Organization
1. The IRS Mission:
Provide America’s
taxpayers [not "nontaxpayers"] top quality service
by helping them understand and meet their tax responsibilities
and by applying the tax law with integrity and fairness to all
[taxpayers only].
The federal courts have also said on
this subject:
“Revenue Laws relate to
taxpayers and not to non-taxpayers . The latter are without
their scope. No procedures are prescribed for non-taxpayers and
no attempt is made to annul any of their Rights or Remedies in
due course of law. With them [non-taxpayers] Congress does not
assume to deal and they are neither of the subject nor of the
object of federal revenue laws.” [Economy Plumbing & Heating
v. U.S., 470 F2d, 585 (1972)]
Therefore, it is literally
impossible to interfere with the proper administration of the tax
codes (not "laws" but "codes"), because they can't be
lawfully enforced
against "nontaxpayers", who are defined everywhere on this
website as persons who are not subject to
the I.R.C. or
federal law. Their statement is willfully fraudulent.
Family Guardian and all affiliates of Family Guardian
tell "you", which means only "us", in all of
Family Guardian's writings, that "you"
[us] can and should use "your"
Fifth Amendment
and other Constitutional rights
to ensure compliance with
the Constitution
and enacted law by our public servants.
This is not only our God-given right, but our DUTY according to the
Declaration of Independence. If you [us] don't have any rights because you are either a
"taxpayer" or a federal "employee", then we also say that "you" [us]
shouldn't be using this website. Yes, exercise of
Constitutional rights can and does make life difficult, laborious,
inconvenient, and even costly for public servants, because it is
INTENDED to do so. This was the legislative intent of the
Constitution, in fact!:
"If a faction consists of less than a majority, relief is
supplied by the republican principle, which enables the majority
to defeat its sinister views by regular vote. It may clog the
administration, it may convulse the society; but it will be
unable to execute and mask its violence under the forms of the
Constitution. When a majority is included in a faction, the
form of popular government, on the other hand, enables it to
sacrifice to its ruling passion or interest both the public good
and the rights of other citizens. To secure the public
good and private rights against the danger of such a faction,
and at the same time to preserve the spirit and the form of
popular government, is then the great object to which our
inquiries are directed. Let me add that it is the
great desideratum by which this form of government can be
rescued from the opprobrium under which it has so long labored,
and be recommended to the esteem and adoption of mankind."
[James Madison,
Federalist Paper #10]
"The makers of our Constitution undertook to secure
conditions favorable to the pursuit of happiness. They
recognized the significance of man's spiritual nature, of his
feelings and of his intellect. They knew that only a part of the
pain, pleasure and satisfactions of life are to be found in
material things. They sought to protect Americans in their
beliefs, their thoughts, their emotions and their sensations.
They conferred, as against the Government [and the IRS], the
right to be let alone - the most comprehensive of rights and the
right most valued by civilized men." [Olmstead v. United
States,
277 U.S. 438, 478
(1928) (Brandeis, J., dissenting); see
also Washington v. Harper,
494 U.S. 210 (1990)]
The exercise of a
Constitutional right cannot be turned into a crime:
"The claim and exercise of a constitutional right cannot
thus be
converted into a crime." [Miller v. US, 230 F.2d 486, at 489]
Furthermore, the
About Us
pages of both the Family Guardian and SEDM state that "advertising or
marketing" is NOT allowed.
-
Family Guardian
About Us page, Section 12, item 9: Family Guardian
will NOT engage in "9.
Advertising or
marketing. All of our nontaxpayer members will be introduced by
referrals from satisfied Members and through hits on our public
website. We will not offer any kind of affiliate program or
commission structure to anyone, because we believe this
compromises the integrity of our message."
-
SEDM
About Us
page, Section 8, Item 9: SEDM will NOT engage in
"9.
Advertising or marketing. All of our nontaxpayer members will be
introduced by referrals from satisfied Members and through hits
on our public website. We will not offer any kind of affiliate
program or commission structure to anyone, because we believe
this compromises the integrity of our message."
-
FRAUDULENT STATEMENT #3:
"Hansen helps customers prepare false tax returns and forms or tells
customers not to file a return at all".
THE FACTS AND LAW #3: First of all, the
Family Guardian website has in the past had example tax returns that
C. Hansen
filed for himself only, but these are only for his own use and he doesn't tell anyone to
do anything with them or advocate them to either file or not to file.
This is confirmed by
section 12, Item 7 of the About Us Page, which specifically
prohibits preparing returns or advising in the preparation of
returns. The only reason readers would believe ANYTHING on the Family Guardian
website is because what they have independently read the law for themselves and believe
they understand what is written there, not because Chris says
anything, because he explicitly says NOT to trust anything he says.
The only basis for reasonable belief is documented in the "
Reasonable Belief About Tax Liability" (OFFSITE LINK) pamphlet.
The Disclaimer prohibits
anyone from relying on anything we say as fact or truth. The example return does not appear in the
Sovereignty Forms and Instructions Manual or anyplace else, because
Family Guardian doesn't
want it connected with commercial speech and thereby censored. Several links on the
website specifically say we do not provide legal advice, that "you"
[us] shouldn't trust anything we say, and that "you" [us] are
responsible for making all your own decisions. Furthermore,
the Disclaimer page identifies "you", and "we" as the author ONLY,
and not other readers. Therefore, it is literally impossible
and fraudulent for anyone to claim that we advise anyone but
ourselves to do anything. What we have done is the
equivalent of posting our own personal journal and playbook on the web for
all to read and review and comment on so they can be continually
improved, but not advised anyone to do anything but us personally.
If it is a crime to publish one's personal journal and personal
documents on the web or in a book, then Anne Frank, Bill Clinton,
and just about every President who wrote and published his memoirs
should have gone to jail by now. Below are a few examples of statements from this
website and others that proves our point. These statements
have been posted on the Family Guardian website virtually from the beginning:
a.
"This website and the educational
materials on it were prepared for the use of the author
only by himself. Any use of the terms "you", "your",
"individuals", "people", "persons", "we recommend", "you
should", "we" or "our readers", "readers", "those", "most
Americans", "employers", "employees", and all similar references
either on the website or in any verbal communications or
correspondence with our readers is directed at the
author only and not other readers. The
only exception to this rule is the Copyright/Software License
Agreement below, which applies to everyone EXCEPT the author or
ministry. All the author is doing by posting these materials
is sharing with others the results of his research and the play
book he developed only for use by himself."
Click here for the
statement.
b. "The data on this
website is the collaborative experience, contributions, and
research of various websites, legal books, tax documents,
researchers, associates, attorneys, CPA's, etc. and
does not constitute
legal advice. These materials have been prepared for
educational and informational purposes and are intended only for
"nontaxpayers"
who live outside the
federal zone. If you are a "taxpayer"
or you live inside the
federal zone, then instead please consult
http://www.irs.gov for educational materials."
Click here for the
statement
c. "The
materials on this site are not legal advice or legal
opinions on any specific matters. Legal advice involves applying
the law to your specific and unique situation, which is
your responsibility and not our responsibility.
Transmission of the information is not intended to create, and
receipt does not constitute, a lawyer-client relationship
between the author(s) and the reader. [. . .] You must
validate and verify the accuracy of this information for
yourself with your own research, legal education, experience,
and the advice of a competent attorney and/or tax professional
(if there is such a thing). Readers should not
act upon this information without first getting fully educated
using the materials provided here and elsewhere. They are also
advised to consult professionals in this area
. . ."
Click here for the
statement
d. "The
About Us page of your
website says you don't prepare tax returns for anyone. Are
there any educational materials elsewhere which might help me to
submit tax returns that won't jeopardize my status as a
"nontaxpayer" and "nonresident alien" and "non-citizen national"
under federal law?"
Click here
for Frequently Asked Question 5.3
e.
Sovereignty Forms and Instructions Manual, section
2.5.4.12:
Since:
1.
Filing requirements and change frequently, and we
need a way to communicate current requirements in a timely,
electronic manner.
2.
We could easily come under fire for instructing
people how to file, especially because “nontaxpayers” should
NOT file at all.
3.
It is incompatible with the Mission of those who
offer this book to be instructing people how to file tax
returns.
Then we have decided to offer the
example return on a FREE website and no include it in this
book. You can obtain an example form from the FREE website
below:
Look at item #8.1 through 8.6 on the
left area for free examples. The State return example is
item #8.1. Item 8.1 contains the refund example that
C. Hansen uses. This section should not be construed as advice
about whether or how you should file or not file, but simply
a pointer to free information that may prove useful should
you make the independent decision on the subject.
f. "Neither
Sovereignty Education and Defense Ministry (SEDM) nor any of the
ministry officers or volunteers or non-federal workers are
authorized to involve themselves in any of the following
activities, because they are of questionable character or may
easily be misconstrued in a court of law as being either illegal
or crassly commercial, even if they in fact are not:. . . .
7. Preparing tax returns for others or advise others in
the preparation of returns. All our members prepare their own
returns, and the only type of return they are allowed to prepare
and not violate our
Member Agreement is a 1040NR or 1040NR-EZ return that has no
tax liability listed."
Click here for About
Us. See section #8, item #7.
-
FRAUDULENT STATEMENT #4: "Hansen allegedly tells customers that
the federal income tax applies only to federal workers and that
wages cannot be taxed. Courts across the country have repeatedly
rejected these arguments, labeling them frivolous."
THE FACTS AND LAW #4: We don't have any
"customers". All of the participants of Family
Guardian are Church
Members who may only be "nontaxpayers" and "nonresident aliens".
To associate these Users with the status of begin either
"customers" or "taxpayers" amounts to "compelled association" in
violation of the First Amendment. The Family Guardian
Disclaimer specifically says
that "taxpayers" and those who need or use deductions to reduce
their tax liability are NOT allowed to use this website. Why
is the government trying to punish us for association with and
helping people who aren't even allowed to use the materials here and
have no way to contact us for help this website? This is a free speech website that is not
connected with ANY activity, much less commercial activity.
Next, let's list all the places where
"wages" are
discussed on this website, based on a search:
-
The
Great IRS Hoax
book, section 5.6.7.
"It is strictly true that “wages” are taxable under subtitle C
of the Internal Revenue Code, but “wages” as defined in 26 CFR §
31.3401(a) can be taxable only when received by
those who volunteer by submitting a W-4 form.
Most people dig themselves a deep hole and literally jump into
it by never bothering to distinguish between the layman’s
definition of “wages” and the legal definition, and we must be
very careful in all our communications to distinguish which of
these two definitions we are referring to. If you haven’t
figured this out by now, we emphasize repeatedly throughout this
book that “presumptions” will get you into a heap of
trouble in the legal field and that they are also a sin
condemned in the Bible that you ought to avoid.
[. . .]
So how do our public
dis-servants turn “compensation for labor” into something that
fits the legal definition “wages” above so it can be taxed?
Once again, you have to dig deep into the regulations to find
the secret:
26 CFR Sec.
31.3401(a)-3
Amounts deemed wages under voluntary
withholding agreements.
(a) IN GENERAL.
Notwithstanding the exceptions to the definition of wages
specified in section 3401(a) and the regulations thereunder,
the term "wages" includes the amounts described in
paragraph (b)(1) of this section with respect to which there
is a voluntary withholding agreement in effect under section
3402(p). References in this chapter to the
definition of wages contained in section 3401(a) shall be
deemed to refer also to this section (Section 31.3401(a)-3).
(b) REMUNERATION FOR
SERVICES.
(1) Except as
provided in subparagraph (2) of this paragraph, the amounts
referred to in paragraph (a) of this section include any
remuneration for services performed by an employee for an
employer which, without regard to this section, does not
constitute wages under section 3401(a). For example,
remuneration for services performed by an agricultural
worker or a domestic worker in a private home (amounts which
are specifically excluded from the definition of wages by
section 3401(a)(2) and (3), respectively) are amounts with
respect to which a voluntary withholding agreement may be
entered into under section 3402(p). See Sections
31.3401(c)-1 and 31.3401(d)-1 for the definitions of
"employee" and "employer".
So the bottom line is, if you fill out a W-4 and request
voluntary withholding, even though you don’t fit the legal
definition of an “employee”, then you consent to treat your
earnings as “wages” as legally defined in 26 U.S.C. §3401(a)
which are subject to tax under the I.R.C. Subtitle C! That’s
why we also don’t recommend filling out W-4 Exempts and instead
prefer to use the W-8 form. "
[Great
IRS Hoax, section 5.6.7]
-
Rebutted version of the IRS "The Truth About Frivolous Tax
Arguments" pamphlet, sections I.B.1.
-
Rebutted version of "Tax
Resister FAQ", questions 2.3 through 2.5.
"Assuming he means the
legal definition, his comments are absolutely correct, but they
are incorrect if he means the common definition.
26 CFR §31.3401(a)-3(a)
proves that a person who voluntarily signs and submits a W-4
earns "wages" as legally defined. . .It is "wages",
as legally defined, that are therefore taxed under the I.R.C.
The W-2 form, which is an "information return", reports receipt
of "wages"
as legally defined. The W-2 is filed by employers pursuant to
26 U.S.C. §6041,
which says that payment of amounts of $600 or more that are
connected with a "trade
or business",
must be reported on information returns. Therefore, all "wages"
as defined in the I.R.C. constitute "trade
or business"
earnings that indeed are taxable under the I.R.C."
-
Sovereignty
Forms and Instructions, Cites by topic: "WAGES"
-
Flawed Tax Arguments to Avoid, Section 2
“Wages” as legally defined ARE taxable and are “income” and
you should avoid this argument. However, the flip side is
that you can’t earn “wages” unless you volunteer on a W-4,
as you will learn below."
[Flawed
Tax Arguments to Avoid, Section 2, p. 8]
What the above references
consistently reveal is that Mr. Shoemaker is involved in "false
commercial speech" about Family Guardian, and that he, not us,
needs to be enjoined. Mr. Shoemaker's false statements are
"commercial speech" because they are intended to maximize government
revenues resulting from widespread misapplication of the Internal
Revenue Code and the violations of rights and the Constitution that
they facilitate. By seeking an injunction against what amounts
to nothing but religious and political speech found on this website,
Shoemaker therefore seeks to remove information about government
abuses that might help prevent
these violations of rights and government deception and thereby
increase the flow of what amounts to stolen money. He is using false allegations that
we are engaged in illegal activities in order to obtain sanction
from the court to do discovery about matters that are irrelevant to
this investigation, so that he can use it to attack and persecute
those who are engaged in the speech. The U.S. Supreme Court
confirmed that it is this type of abuse of persons who are exposing
government fraud and illegal activity which the First Amendment was
designed to prevent:
"In the First Amendment, the Founding Fathers gave the
free press the protection it must have to fulfill its essential
role in our democracy. The press [and
this religious ministry] was to serve the governed, not the
governors. The Government's power to censor the press was
abolished so that the press would remain forever free to censure
the Government.
The press was protected so
that it could bare the secrets of government and inform the
people.
Only a free and unrestrained
press can effectively expose deception in government. And
paramount among the responsibilities of a free press is the duty
to prevent any part of the government from deceiving the people
and sending them off to distant lands to die of foreign fevers
and foreign shot and shell.
In my view, far from deserving condemnation for their courageous
reporting, the New York Times, the Washington Post, and other
newspapers should be commended for serving the purpose that the
Founding Fathers saw so clearly. In revealing the workings of
government that led to the Vietnam war, the newspapers nobly did
precisely that which the Founders hoped and trusted they would
do." [New York Times Co. v. United States,
403 U.S. 713 (1970)]
These LIARS are trying to use
false presumption as a weapon to slander us. The Family
Guardian Disclaimer
says that when we are using words in their legal sense, we will
surround them with quotation marks. The question then becomes,
where did we say that "wages" were not taxable. The
Disclaimer
Page, in fact, says the exact OPPOSITE. They
didn't state it the way we stated it because then they would have to
justify their position, which would dig a DEEP hole for themselves.
All the above statements were in the context of ONLY
Subtitle A of
the Internal Revenue Code, just as is nearly everything on this website is,
but the government wants to make us look bad by overgeneralizing to
the point of falsely presuming that we mean the entire Internal
Revenue Code whenever we say "the federal income tax".
They are doing this because they are trying to make it "appear" like
the information available here is wrong. They know exactly the fraud they are
committing. We try very hard not to use
general or
presumptuous statements like "the federal income tax"
or "the Internal Revenue Code", because
such statements are easily misconstrued for personal
advantage by the government. When the IRS wants to deceive
people, it does the opposite of our approach, using lots of general, easily
misconstrued statements that have lots of undefined or unexplained "words
of art" mixed in that don't mean what the readers think they
mean, and which the IRS will refuse to define, even when confronted.
This was exactly the tactic they used during the
friendly meeting on 7/10/03,
in which the IRS met with C. Hansen and tried to get him to
answer questions. When he demanded a definition for the "words
of art" they were using in their questions from the Internal Revenue
Code, they said they couldn't talk about the law, even thought there
was a lawyer present in the room. This made it impossible for
Chris to answer their questions without making probably false
presumptions or having to speculate about what they meant, and he
explained to them that it was a religious sin to presume under
Numbers 15:30 and that they could not compel him to violate his
religious beliefs. Therefore, they eventually had to dismiss the
meeting because they made it impossible for him to cooperate with
them without violating his religious beliefs, even though he said he
wanted to cooperate with them. A very good example of this
devious tactic is their "
The
Truth About Frivolous Tax Arguments". Fighting this kind
of bad faith tactic and
willful
fraud is
the main reason for the existence of this website to begin with.
It is deceit in commerce and false commercial speech, because the
result is commerce not authorized by the Constitution and results in
an unjust enrichment, extortion under the color of law, and THEFT of
property by those who speak it.
"As religion towards
God is a branch of universal righteousness (he is not an honest
man that is not devout), so righteousness towards men is a
branch of true religion, for he is not a godly man that is not
honest, nor can he expect that his devotion should be
accepted; for,
1.
Nothing is more offensive to God than
deceit in
commerce.
A false balance is here put for all manner of unjust and
fraudulent practices [of our public dis-servants] in dealing
with any person [within the public], which are all an
abomination to the Lord, and render those abominable [hated] to
him that allow themselves in the use of such accursed arts of
thriving. It is an affront to justice,
which God is the patron of, as well as a wrong to our neighbour,
whom God is the protector of. Men [in the IRS
and the Congress] make light of such frauds, and think there is
no sin in that which there is money to be got by, and, while it
passes undiscovered, they cannot blame themselves for it; a blot
is no blot till it is hit, Hos. 12:7, 8. But they are not the
less an abomination to God, who will be the avenger of those
that are defrauded by their brethren.
2. Nothing is more pleasing to God
than fair and honest dealing, nor more necessary to make us and
our devotions acceptable to him: A just weight is his delight.
He himself goes by a just weight, and holds the scale of
judgment with an even hand, and therefore is pleased with those
that are herein followers of him.
A [false] balance, [whether
it be in the federal courtroom or
at
the IRS or in the
marketplace,] cheats, under pretence of doing right most
exactly, and therefore is the greater abomination to God."
[Matthew Henry’s Commentary on the Whole Bible; Henry, M., 1996,
c1991, under Prov. 11:1]
-
FRAUDULENT STATEMENT
#5: "The suit also alleges that Hansen peddles a
“Citizenship Administrative Program,” which he fraudulently claims
will enable customers to repudiate their U.S. citizenship in favor
of “American National citizenship” and thereby remove themselves
from the federal income tax system."
THE FACTS AND LAW #5: Hansen doesn't "peddle"
anything. Furthermore, this a free speech religious ministry that is not connected in
any way with commercial speech and which offers ONLY free educational
materials that are not guaranteed to be useful for any purpose other
than religious inspiration and education. Even if it were connected with commercial
speech, neither
Family Guardian nor SEDM are located anywhere within the country
United States or within the legislative jurisdiction of the federal
government. Look for yourself:
Family Guardian:
http://samspade.org/t/lookat?a=http://famguardian.org
SEDM:
http://samspade.org/t/lookat?a=http://sedm.org Therefore, it's pointless to try to establish
federal jurisdiction over ONLY speech which identifies itself in the
applicable Disclaimers as
religious and political in nature, not factual, and not actionable. Free Speech and the Right to Assemble
under the First Amendment which is conducted in a foreign
country, outside of the territorial jurisdiction of the federal
government, among church members who have also stated under penalty of
perjury that they are not subject to federal jurisdiction or the
Internal Revenue Code cannot be an enjoinable or prohibited activity.
Here is what the U.S. Supreme Court said on the subject of free speech
and the right to associate freely as a religious body in the
development and maintenance of both it and our God-given rights:
"This
court has not yet fixed the standard by which to determine
when a danger shall be deemed clear; how remote the danger may
be and yet be deemed present; and what degree of evil
shall be deemed sufficiently substantial to justify resort to
abridgment of free speech and assembly as the means of
protection. To reach sound conclusions on these matters,
we must bear in mind why a state is, ordinarily, denied the
power to prohibit dissemination of social, economic and
political doctrine which a vast majority of its citizens
believes to be false and fraught with evil consequence.
[274 U.S. 357, 375]
Those who won our independence believed that the final end of
the state was to make men free to develop their faculties, and
that in its government the deliberative forces should prevail
over the arbitrary. They valued liberty both as an end and as a
means. They believed liberty to the secret of happiness and
courage to be the secret of liberty. They believed that
freedom to think as you will and to speak [and educate] as you
think are means indispensable to the discovery and spread of
political truth; that without free speech and assembly
discussion would be futile; that with them, discussion affords
ordinarily adequate protection against the dissemination of
noxious doctrine; that the greatest menace
to freedom is an inert people; that public discussion [and
education] is a political duty; and that this should be a
fundamental principle of the American government.
3 They recognized the risks to which all human institutions are
subject. But they knew that order cannot be secured merely
through fear of punishment for its infraction; that it is
hazardous to discourage thought, hope and imagination; that fear
breeds repression; that repression breeds hate; that hate
menaces stable government; that the path
of safety lies in the opportunity to discuss [and educate other
people about] freely supposed
grievances and proposed remedies; and
that the fitting remedy for evil counsels
is good ones.
Believing in the
power of reason as applied through public discussion, they
eschewed silence
[274 U.S.
357, 376]
coerced by law [or the IRS]-the argument of force in its worst
form. Recognizing
the occasional tyrannies of governing majorities, they amended
the Constitution so that free speech and assembly should be
guaranteed.”
[Whitney v. California,
274 U.S. 357 (1927)]
These are presumptuous, fraudulent, and frivolous accusations
they are making that amount to the exercise of political religion,
not law. Also, neither Family Guardian nor
SEDM offer a "Citizenship Administrative Program" from what we
could tell by looking at their websites. This is fraud and
"false commercial speech" on their part, designed to maximize
revenues for the illegal enforcement of the Internal Revenue Code.
Furthermore, the notion that changing one's citizenship as a method
for escaping federal tax liability is specifically rebutted and/or
readers:
A search of the Entire Family
Guardian website reveals that there is no such thing as a
"Citizenship Administrative Repudiation" program. Ditto for
the SEDM website. Furthermore, the free
Great
IRS Hoax, section 4.11.10.4 says on the subject of
abandoning "U.S. citizen" status to avoid tax liability, the
following:
|
WARNING!: Citizenship status is NOT the
primary factor in determining your tax liability. Instead,
the following factors primarily determine one’s tax
liability under Subtitle A of the Internal Revenue Code:
1.
Your domicile. See section 5.4.19 entitled
“Why all income taxes are based on domicile and are
voluntary because domicile is voluntary.”
2.
The taxable activity you engage in. See
sections 5.6.13 through 5.6.13.11.
Changing
one’s citizenship status DOES NOT result in eliminating an
existing liability for 1040 income taxes under Subtitle A of
the Internal Revenue Code. We have never made any claim
otherwise in any of our materials. The only affect that
correcting government records describing one’s citizenship
can have is:
1.
Restoring one’s sovereignty. Under the
Foreign Sovereign Immunities Act,
28 U.S.C. §1603(b) and under
28 U.S.C. §1332(c) and (d), a legal person
cannot
be classified as an agency or instrumentality of a foreign
state if they are a citizen of a [federal] state of the
United States, meaning a person born in a federal territory,
possession, or the District of Columbia as defined in
4 U.S.C. §110(d). This conclusion is also confirmed on
the Department of State website at:
http://travel.state.gov/law/info/judicial/judicial_693.html
2.
Removing oneself from some aspect of federal
legislative jurisdiction. A “citizen” under federal
law, is defined as a person subject to federal
jurisdiction. This is covered in Great IRS Hoax,
section 4.11.2, for instance.
3.
Making sure that a person’s domicile cannot be
involuntarily moved to the District of Columbia. Both
26 U.S.C. §7701(a)(39) or
26 U.S.C. §7408(c ) allow that a person who is a
“citizen” or a “resident” under the Internal Revenue Code,
should be treated as having a domicile in the District of
Columbia for the purposes of federal jurisdiction. Since
kidnapping is illegal under 18 U.S.C. §1201, then a person
who is not a “citizen or resident” under federal law needs
to take extraordinary efforts to ensure that their
citizenship is not misunderstood or misconstrued by the
federal government by going back and making sure that all
federal forms which indicate one’s citizenship status are
truthful and unambiguous. The process of correcting
government forms relating to citizenship is described in
section 2.5.3.13 of the
Sovereignty Forms and Instructions Manual.
The reason why the last item above is
very important is that the term “United States” is defined
in
26 U.S.C. §7701(a)(9) and (a)(10) as being limited to
the District of Columbia and the term is not enlarged
elsewhere under Subtitle A of the Code. If it ain’t defined
anywhere in the code to include states of the Union, then
under the rule of statutory construction, “Expressio unius,
exclusio alterius”, what is not specifically included may be
excluded by implication. Therefore, if a person is either a
“citizen” or a “resident” under federal law, then they are
treated as domiciliaries of the main place where Subtitle A
of the Internal Revenue Code applies, which is the District
of Columbia, and become the proper subjects of the code. |
A search of the SEDM website reveals
that the pamphlet "
Citizenship
and Sovereignty", on p. 58 also says the following on the
subject of abandoning U.S. citizenship for tax purposes.
Notice there is no mention of escaping tax liability:
| WARNING: Citizenship is NOT the major factor
determining tax liability. The major factors are:
Therefore, anyone who promises to eliminate your tax
liability by changing or correcting your citizenship
status is simply mistaken and you should NOT listen to
them! |
The most revealing thing about the above is what they DIDN'T
mention or attack on this website. These are the things we will
focus on in the response to this SLANDER and LIES by the U.S. government, because we know these are the things they
don't want to talk about. These are the soft underbelly of the
Armadillo. For instance:
- They didn't mention even a single person who was injured or
complained because they don't have any. This is a
mud-slinging, democrat style political campaign and witch hunt, and
not a valid legal proceeding, as we clearly show in the
Great
IRS Hoax, section 5.4.3.6.
- They avoided referring to this as a religious ministry or a
first amendment assembly or a free speech issue, because they don't
want to mobilize the public against their lies.
- They didn't attack the Family Guardian stance on citizenship, which is a major
theme on this website. They didn't say that people born in
states are NOT "nationals" but not "citizens" as
this website exhaustively proves.
- They didn't mention the
Master File Decoder, because they know
their whole case will blow up in their face if this comes up in
trial and the jury sees just how fraudulent their internal practices
really are.
- They didn't define the terms they are using, because they want
to encourage and exploit false presumption of the general public as
a means to perpetuate political propaganda relating to the income
tax. The amplifying language which we have added to their release
above shows this
tactic clearly.
Click here
(OFFSITE LINK) for an article that shows how the government
illegally tries to expand jurisdiction using "presumption".
3. GENERAL COMMENTS
Below are general comments about the false allegations made in
both the press release and the
Complaint filed with the court:
-
The complaint fails to
state a claim upon which relief can be granted:
1.1 No injured parties
are identified.
1.2 The jurisdiction
where the alleged harm was committed is not identified.
1.3 There are no
witnesses of any kind, nor is their domicile identified as being
within federal jurisdiction, as required.
1.4 The Complaint
is not signed under penalty of perjury and therefore does not count
as admissible evidence.
1.5 The complaint
does not meet the requirements of Local Rule 7(f).
1.6 The attorney
who signed the complaint cannot act as a witness, according to the
Supreme Court in Lovasco.
1.7 The complaint
does not establish a compelling state interest to override freedom
of religious and political association for all the affected parties.
1.8 The domicile of
the Alleged Defendant establishes the forum law to be applied, which is
Heaven in this case. See:
http://famguardian.org/Subjects/Taxes/Articles/DomicileBasisForTaxation.htm. Neither state nor federal law may be
cited as authority in the pleading. See
FRCP Rule 17(b) and
28 U.S.C. §1652. Since the
forum state law is not cited, then there is no claim.
- It is literally impossible for any of the people who might
have allegedly been hurt to be within the jurisdiction of the federal
government. The
Disclaimer statement restricts use of the materials to those who
are "nontaxpayers", "nonresident aliens", and people who are not
"taxpayers", "U.S. citizens", "U.S. residents", or "U.S. persons". It's
ridiculous to suggest that a government has lawful authority to
protect or represent those outside of its jurisdiction and who are
not subject to the Internal Revenue Code to begin with.
- Every single instance of alleged false commercial speech
must meet the following requirements or there is no claim:
3.1 The activities to be enjoined must be clearly established
as "commercial" and therefore subject to federal jurisdiction.
3.2 The activities must relate to interstate or foreign
commerce, in order to establish federal jurisdiction under
Const.
Art. 1, Section 8,Clause 3. The materials in question do
not meet this requirement. The
SEDM Member Agreement (OFFSITE LINK), for instance, says in
section 7 the following:
If
questioned about my physical location during the time that I was
talking with, emailing, or donating to the ministry, I will
specify that all such events were conducted entirely outside of
federal jurisdiction in a
foreign state and are therefore irrelevant and not
discoverable in any federal court. I can lawfully do this
regardless of where the actual transaction occurred because this
trick is also used in the Internal Revenue Code as well, in
26 U.S.C. §7701(a)(39) and
26 U.S.C. §7408(c ) and the ministry is entitled to equal
protection of the laws.
3.3 Each false claim must be identified as harming a specific,
flesh and blood individual. Without an identified victim and a
quantifiable injury for each instance of alleged false commercial
statements, there is no claim.
3.4 The origin of each allegedly false statement MUST
be tied to a specific publication that was offered "for sale".
The publication must come WITHOUT a
disclaimer of any kind and
instead should have a guarantee of specific results. None of
the publications available on Family Guardian fit that description.
3.5 The false statement must be tied to a
positive
law statute which constitutes admissible evidence rather than
prima facie evidence. Since
1 USC
§204
says the Internal Revenue Title is NOT
positive law, then the moving
party has the burden of showing for each code section that the
provisions of the code section are positive law. They must do
so by referring to the specific positive law section of the Statutes
at Large from which the Code Section was derived and prove that
section from the SAL was: 1.
Positive
law rather than
special
law; 2. Applied within the
territorial jurisdiction of place where the alleged false
statement was made.
3.6 They must prove where the alleged false statement was made, and
show that the location of the act was within the judicial district.
Neither the Alleged Defendant nor anyone who might read or use the
materials in question may reside on federal property or within any
United States Judicial District or Internal Revenue District.
This is a requirement of the
SEDM Member Agreement (OFFSITE LINK), for instance.
3.7 Prove that
C. Hansen made the false statement.
The fact that a statement appears on this website or on the
telephone or via email does not prove that the author made it.
There are many materials on this website that were prepared by other
authors, and this includes materials that are copyrighted by this
author. It is
presumptuous and a violation of
due
process to assume that C. Hansen said EVERYTHING that appears
on this website or that he made the specific false statement
identified because he copyrighted it. Remember also that the
Family Guardian About Us page provides admissible
evidence that we are a fiduciary for God. We also have
indicated that much of the material appearing on this website was
donated by others, and there is no reasonable way to determine
exactly who made the statement, even for the person who posted the
article, whoever that might be.
3.8 The moving party seeking the injunction must demonstrate
that there has been a good faith, persistent administrative attempt
to persuade the target of the injunction that they have notified the
target of the false information and provided evidence to support
their allegation that it is false, and that the target refused to
evaluate or correct indications that the information was erroneous.
Judicial review of agency decisions and the injunctions that result
from them may be attempted ONLY AFTER good faith efforts to remedy
the situation are demonstrably futile. See
Title 26 Appendix, Rules 231 and 232, which require exhausting
administrative remedies before proceeding in court against a party. This ensures that the
courts are not clogged with frivolous or unnecessary litigation, and
that the legal process is not abused to financially burden,
terrorize, enslave, politically slander, or harass those who are
engaged in activities that some public servants may not like.
Without satisfying ALL of the above requirements, any court
ordered injunction would simply amount to terrorism, because it
would be impossible for the defendant to deduce exactly what speech
is false and what exactly is hurting people that must be amended or
removed. An injunction against unspecified speech has the same
chilling practical affect as an injunction against ALL speech,
because it is a naked show of tyrannical force without the authority
of law and in violation of the First Amendment protections for
speech which identifies itself as political and religious and not
factual or actionable. All such "prior restraints" against
unspecified speech amount to the equivalent of terrorism. This type of terrorism, in fact, is commonplace
against
many other freedom advocates based on an examination of the
government's legal tactics in each case.
Click here for details.
The reason the Dept of Justice and Slander did not identify any
witnesses is because the Disclaimer and
Copyright/Software License Agreement says that anyone who acts as a
witness volunteers to substitute themselves as the adjudged party in
any litigation attempted against this website or any User,
and to pay $300,000 to the copyright holder BEFORE they can testify.
The U.S. Supreme Court has also said that the government has no authority
to interfere with such a contract. See the following:
"Independent
of these views, there are many considerations which lead
to the conclusion that the power to impair contracts
[either
the Constitution or the
Holy Bible], by
direct action to that end, does not exist with the
general [federal] government.
In the first place, one of the objects of the
Constitution, expressed in its preamble, was the
establishment of justice, and what that meant in its
relations to contracts is not left, as was justly said
by the late Chief Justice, in Hepburn v. Griswold, to
inference or conjecture. As he observes, at the
time the Constitution was undergoing discussion in the
convention, the Congress of the Confederation was
engaged in framing the ordinance for the government of
the Northwestern Territory, in which certain articles of
compact were established between the people of the
original States and the people of the Territory, for the
purpose, as expressed in the instrument, of extending
the fundamental principles of civil and religious
liberty, upon which the States, their laws and
constitutions, were erected.
By that ordinance it was declared, that, in the just
preservation of rights and property, 'no law ought ever
to be made, or have force in the said Territory, that
shall, in any manner, interfere with or affect private
contracts or engagements bona fide and without fraud
previously formed.' The same provision, adds the
Chief Justice, found more condensed expression in the
prohibition upon the States [in Article 1, Section 10 of
the Constitution] against impairing the obligation of
contracts, which has ever been recognized as an
efficient safeguard against injustice; and though the
prohibition is not applied in terms to the government of
the United States, he expressed the opinion, speaking
for himself and the majority of the court at the time,
that it was clear 'that those who framed and those
who adopted the Constitution intended that the spirit of
this prohibition should pervade the entire body of
legislation, and that the justice which the Constitution
was ordained to establish was not thought by them to be
compatible with legislation [or judicial precedent] of
an opposite tendency.'
8 Wall. 623. [99
U.S. 700, 765]
Similar views are found expressed in the opinions
of other judges of this court."
[Sinking
Fund Cases, 99 U.S. 700 (1878)]
- No speech was specifically identified anywhere on this or any
other website that was provably false. All they could
offer was unsupported allegations and presumption. This is
abuse, not an exercise of justice.
- The complaint is defective because it did not establish
territorial jurisdiction. The defendant must maintain a
"residence" within the judicial district in order to be subject to
the jurisdiction of the court. "Residence" can only exist for
"aliens" under
26 CFR
§1.871-2(b).
Since C. Hansen is not an alien but has evidence to support that
he is a "nonresident alien", and because he does not live on land
ceded to the federal government by an act of the state legislature,
then it is impossible for him to have a "residence" within the
judicial district. Likewise, he has notarized evidence of a
declared domicile that puts him OUTSIDE of any federal land, outside
of "San Diego", outside the "State of" California, and outside of
the United States of America. The Complaint didn't even
attempt to allege that he is within the judicial district, because
they know based on previous litigation that this is simply NOT the
case. Therefore, neither territorial nor in personam
jurisdiction have been established and the complaint is fatally
defective.
- Accomplishing an injunction will result in the OPPOSITE
affect to the IRS and will not affect the readers at all.
If the IRS enjoins distribution any of the materials through the
SEDM ministry which C. Hansen might have wrote, then he has said that he
will cause other unidentified third parties to make them available for FREE on an offshore website. This
will considerably broaden, not shrink the audience for
the materials, and it will also mean that "taxpayers"
will have an opportunity to download the free speech materials.
This consequence would definitely NOT be in the best interests of
the IRS and yet would be impossible to legally prevent without
violating the
First Amendment and committing
treason punishable by death.
Currently, the
SEDM Member Agreement ensures that such materials CANNOT get
into the hands of "taxpayers",
supposedly to protect the materials from being abused to the injury
of any third party. Therefore, those who are asking for this
injunction are being foolish and presumptuous and ought to be told to drop the suit or
be fired! It looks like they are trying to help the
government, and yet the government is looking a gift horse in the
mouth because of vindictive spite.
- The press release and pleadings cited absolutely no one who has ever
complained about or been hurt by this website, because there aren't
any and never will be any. The only people who are
adversely affected are those who are willfully engaged in illegal
and unconstitutional and
Treasonous activity,
most of whom ironically work in the IRS and the Dept. of Justice, and these people
deserve to be adversely affected. All people who fit this
description are working in the government right now. If our
public DIS-servants won't prosecute people like that, then we as
their Masters have a legal duty to right the situation by whatever
lawful means are available to us and by exercising our God-given,
inalienable rights.
- Absolutely no evidence was provided to support any of the
allegations. If you look at other similar vexatious and
unmeritorious
pleadings on the DOJ website against similar activity, most include
evidence of the activity. The reason they didn't include any
evidence is that they would have to come under the provisions of the
Copyright/Software License Agreement in order to obtain such evidence.
The license agreement would require them, if they were federal
employees or informants for the government, to basically commit
fraud by indicating that they do not work for the federal government
and are "nontaxpayers" and persons not subject to the I.R.C. or
within the territorial jurisdiction of the Internal Revenue Code.
The Copyright/Software License Agreement would also require them, if they
cite any of the Family Guardian materials, to stipulate to admit ALL of them into
evidence, which would prejudice the case against them.
Therefore, they are proceeding without evidence, without witnesses.
This is a witch hunt and political campaign, not a court trial, and
the tactics are documented in section 5.4.3.6 of the
Great
IRS Hoax.
- Throughout both the pleading and the press release, the
typical word "taxpayer" was conspicuously removed from other similar
cases and pleadings and replaced with "customer" instead of the
more correct words "nontaxpayer/ministry member". We don't
have any "customers", because this is a free speech
religious ministry that
doesn't sell anything. All we have are "church members", and the only
church members allowed by the Family Guardian
Disclaimer are people who are "nontaxpayers",
"nonresidents", who have no earnings connected to any taxable
activity including a "trade or business", and
"nationals but not
citizens" who not subject to federal law. The Dept.
of Justice didn't want to
make themselves look stupid, so they used "customer" instead of the
more correct work "nontaxpayer". Thieves and liars, these
people are. They are the ones who need an injunction on them
for misrepresenting what others are saying to further their own
commercial and political agenda and effect their equivalent of "false
commercial speech".
28 CFR
0.85(l)
identifies such actions as "terrorism":
"Terrorism includes the unlawful use of force and
violence against persons or property to intimidate or coerce
a government, the civilian population, or any segment
thereof, in furtherance of political or social objectives."
[28
CFR 0.85(l)]
- The Complaint stated that C. Hansen blames "a judicial
conspiracy to protect and expand the income tax" as the reason why
his alleged theories cannot find significant support with federal
caselaw. This is absolutely not the case. This is
clearly shown in the Family Guardian
Frequently
Asked Questions section, Question #1.1, and there are many very
valid reasons for this.
- The judge assigned to the case is a Magistrate Judge named "Nita
L. Stormes".
Both parties must consent under
28 U.S.C.
§636 in order for the Magistrate judge
to participate and Alleged Defendant does not consent. Magistrate judges only have jurisdiction within the federal
territory of the district. No implementing regulations
published in the federal register authorize them to operate outside of federal territory within the district.
"C. Hansen" is not required to accept the jurisdiction of such a
judge and probably won't.
- The press release did not mention that this is a religious ministry
and a church, because they don't want this to look like religious
persecution and a violation of the
First Amendment, even though
they plainly and obviously know it
is. Notice, for instance, that unlike most other cases,
where the word "taxpayer" is used in describing those who are
harmed, they used the word "customer", instead, and did so probably
knowing that the only people who can use this website are
"nontaxpayers". They knew they would be laughed out of the
courtroom by the jury if they admitted that the real audience are
"nontaxpayers" and church members. Like the spoiled little,
deceitful BRAT they are, they are tip-toeing around and hiding from
the truth and hoping that YOU, the American public, won't notice and
hold them accountable for the Treason against the Constitution and
your sacred rights. Once again, the
About
Us page and several other references identify Family Guardian
website is a charitable and religious ministry, and not a business,
nor does it involve itself in any commercial activity nor associate
with anyone who comes under federal jurisdiction. We survive
on donations and good graces of others only. Any
donations provided are NOT used and not allowed to be used for
funding anything directly connected with the donation.
The entire
Complaint lists the following specific allegedly false
statements about information that C. Hansen has been allegedly
"selling" to people. In fact, if you look at the
reference in the right column, Family Guardian agrees with the legal of
the government and actually help the government by advise people not to do it.
Neither Family Guardian nor C. Hansen have never made any of these
alleged false statements that the government is accusing them of making,
in fact. Even if they had, everything on this website identifies
itself in the Disclaimer as
religious and political speech that is not factual or actionable, and
therefore whatever we did say is entirely irrelevant to any Court. Furthermore, this site nor any of its affiliates have ever advocated any
of the obviously false and injurious positions incorrectly attributed to
Family Guardian:
| Location in complaint |
Alleged false
statement |
Location where
government's statement is specifically addressed and
specifically contradicted |
| p. 4, line 1 |
The Internal Revenue Code applies only within
the "federal zone," which Hansen defines as the District of
Columbia and the federal territories and possessions. |
Flawed Tax Arguments to Avoid, section 6.6 |
| p. 4, line 3 |
Federal income taxes, Form 1040, and the
nation's tax laws only apply to federal officers, federal
employees, and elected officials of the national government. |
Flawed Tax Arguments to Avoid, section 6.7 |
| p. 4, line 4 |
There is no law that imposes an obligation to
pay federal income taxes or file federal income tax returns. |
Flawed Tax Arguments to Avoid, section 6.9 |
| p. 4, line 6 |
Income from sources not connected with the
conduct of a trade or business with the United States government
is not subject to income tax. |
Flawed Tax Arguments to Avoid, section 6.8 |
| p. 4, line 7 |
Income does not include wages, salaries,
commissions, or tips. |
-
Flawed Tax Arguments to Avoid, section
2
-
The "trade or
business" scam
|
| p. 4, line 8 |
Wages cannot be taxed. |
-
Flawed Tax Arguments to Avoid, section
6.2
-
Great IRS Hoax, section 5.6.7
-
Rebutted version of "Tax
Resister FAQ", questions 2.3 through 2.5.
-
Rebutted version of the IRS "The Truth About Frivolous Tax
Arguments" pamphlet, sections I.B.1.
|
| p. 4, line 9 |
W-4 forms do not apply to federal income
taxes. |
Federal and State Withholding Options for Private Employers,
section 20.4 to 20.5. |
| p. 4, line 10 |
Only federal employees or federal
officeholders need to complete Form W-4. |
Flawed Tax Arguments to Avoid, section
6.10 |
| p. 5, line 5 |
The " | |