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Court Case
Citations on the Nature of "income"
Internal Revenue Code of 1954,
Senate Report 1622, "Report of the Committee on Finance, United
States Senate, To Accompany H.R. 8300", p. 168:
"Section 61(a) provides
that gross income includes "all income from whatever source
derived." This definition is based
upon the sixteenth amendment and the word "income" is used as in
section 22(a) in the constitutional sense. It is not
intended to change the concept of income that obtains under section
22(a)."
Internal
Revenue Code of 1954, Report of the Committee on Ways and Means, House of
Representatives, p. A18, March 9, 1954
Section 61. Gross income
defined
This section corresponds to
section 22(a) of the 1939 Code. While the language in existing
section 22(a) has been simplified, the all-inclusive nature of statutory
gross income has not bee affected thereby. Section 61(a) provides
that gross income includes "all income from whatever source
derived" This definition is based
upon the 16 Amendment and the word "income" is used in its
constitutional sense.
26 U.S.C. §643(b): Definitions
applicable to Subparts A, B, C, and D
TITLE 26 >
Subtitle A >
CHAPTER 1 >
Subchapter J >
PART I >
Subpart A > § 643
§ 643. Definitions applicable to subparts A, B, C, and D
(b) Income
For purposes of this subpart and subparts B, C,
and D, the term “income”, when not preceded
by the words “taxable”, “distributable net”, “undistributed net”, or
“gross”, means the amount of income of the estate or trust for the
taxable year determined under the terms of the governing instrument
and applicable local law. Items of gross income
constituting extraordinary dividends or taxable stock dividends
which the fiduciary, acting in good faith, determines to be
allocable to corpus under the terms of the governing instrument and
applicable local law shall not be considered income.
26 CFR §1.643(b)-1: Definition of income
Title 26: Internal Revenue
PART 1—INCOME TAXES
Estates, Trusts, and Beneficiaries
For purposes of subparts A through D, part I, subchapter J,
chapter 1 of the Internal Revenue Code, “income,” when not preceded
by the words “taxable,” “distributable net,” “undistributed net,” or
“gross,” means the amount of income of an estate or trust for the
taxable year determined under the terms of the governing instrument
and applicable local law. Trust provisions that depart fundamentally
from traditional principles of income and principal will generally
not be recognized. For example, if a trust instrument directs that
all the trust income shall be paid to the income beneficiary but
defines ordinary dividends and interest as principal, the trust will
not be considered one that under its governing instrument is
required to distribute all its income currently for purposes of
section 642(b) (relating to the personal exemption) and section 651
(relating to simple trusts). Thus, items such as dividends,
interest, and rents are generally allocated to income and proceeds
from the sale or exchange of trust assets are generally allocated to
principal. However, an allocation of amounts between income and
principal pursuant to applicable local law will be respected if
local law provides for a reasonable apportionment between the income
and remainder beneficiaries of the total return of the trust for the
year, including ordinary and tax-exempt income, capital gains, and
appreciation. For example, a state statute providing that income is
a unitrust amount of no less than 3% and no more than 5% of the fair
market value of the trust assets, whether determined annually or
averaged on a multiple year basis, is a reasonable apportionment of
the total return of the trust. Similarly, a state statute that
permits the trustee to make adjustments between income and principal
to fulfill the trustee's duty of impartiality between the income and
remainder beneficiaries is generally a reasonable apportionment of
the total return of the trust. Generally, these adjustments are
permitted by state statutes when the trustee invests and manages the
trust assets under the state's prudent investor standard, the trust
describes the amount that may or must be distributed to a
beneficiary by referring to the trust's income, and the trustee
after applying the state statutory rules regarding the allocation of
receipts and disbursements to income and principal, is unable to
administer the trust impartially. Allocations pursuant to methods
prescribed by such state statutes for apportioning the total return
of a trust between income and principal will be respected regardless
of whether the trust provides that the income must be distributed to
one or more beneficiaries or may be accumulated in whole or in part,
and regardless of which alternate permitted method is actually used,
provided the trust complies with all requirements of the state
statute for switching methods. A switch between methods of
determining trust income authorized by state statute will not
constitute a recognition event for purposes of section 1001 and will
not result in a taxable gift from the trust's grantor or any of the
trust's beneficiaries. A switch to a method not specifically
authorized by state statute, but valid under state law (including a
switch via judicial decision or a binding non-judicial settlement)
may constitute a recognition event to the trust or its beneficiaries
for purposes of section 1001 and may result in taxable gifts from
the trust's grantor and beneficiaries, based on the relevant facts
and circumstances. In addition, an allocation to income of all or a
part of the gains from the sale or exchange of trust assets will
generally be respected if the allocation is made either pursuant to
the terms of the governing instrument and applicable local law, or
pursuant to a reasonable and impartial exercise of a discretionary
power granted to the fiduciary by applicable local law or by the
governing instrument, if not prohibited by applicable local law.
This section is effective for taxable years of trusts and estates
ending after January 2, 2004.
[T.D. 9102, 69 FR 19, Jan. 2, 2004]
Eisner v. Macomber, 252 U.S.
189, 207,
40 S.Ct. 189, 9 A.L.R. 1570 (1920):
“In order,
therefore, that the [apportionment] clauses cited from article I [§2, cl.
3 and §9, cl. 4] of the Constitution may have proper force and effect
…[I]t becomes essential to distinguish between what is an what is not
‘income,’…according to truth and substance, without regard to form.
Congress cannot by any definition it may adopt conclude the
matter, since it cannot by legislation alter the Constitution, from which
alone, it derives its power to legislate, and within those limitations
alone that power can be lawfully exercised… [pg.
207]…After examining dictionaries in common use we find little to add to
the succinct definition adopted in two cases arising under the Corporation
Tax Act of 1909, Stratton’s Independence v. Howbert, 231 U.S.
399, 415, 34 S.Sup.Ct. 136, 140 [58 L.Ed. 285] and Doyle v. Mitchell
Bros. Co., 247 U.S. 179, 185, 38 S.Sup.Ct. 467, 469, 62 L.Ed.
1054…”
[emphasis
added]
So what is income?
Here are some definitions direct from the U.S. Supreme Court as
cited in one of the above-mentioned cases:
“…Whatever
difficulty there may be about a precise scientific definition of
‘income,’ it imports, as used here, something entirely
distinct from principal or capital either as a subject of taxation or as a
measure of the tax; conveying rather the idea of gain
or increase arising from corporate activities.”
Doyle
v. Mitchell Brothers Co., 247 U.S.
179, 185, 38 S.Ct. 467 (1918)
[emphasis
added]
Has the IRS been treating you as a corporation all
these years? When people see
this, they say things like: “That can’t be right.
What’s going on here?”. Keep
reading and we will clarify. Here
is the other cite defining income mentioned in the Eisner
ruling, from Stratton’s Independence v. Howbert, 231 U.S.
399, 414, 58 L.Ed. 285, 34 Sup.Ct. 136 (1913):
“This
court had decided in the Pollock Case that the income tax law of 1894
amounted in effect to a direct tax upon property, and was invalid because
not apportioned according to populations, as prescribed by the
Constitution. The act of 1909
avoided this difficulty by imposing not an income tax, but an excise
tax upon the conduct of business in a corporate capacity,
measuring, however, the amount of tax by the income of the corporation…Flint
v. Stone Tracy Co., 220 U.S.
107, 55 L.Ed. 389, 31 Sup.Ct.Rep. 342,
Ann. Cas.”
You don’t have to believe us that “income” can
only be defined by the U.S. Constitution as corporate profit. Look in section 3.7.15.1
of The Great
IRS Hoax,
which talks about the legislative intent of the Sixteenth Amendment.
That section has the entire speech of President Taft given before
Congress on June 16, 1909 given to introduce the Sixteenth Amendment for
ratification. Here is an
excerpt from that speech:
I therefore
recommend to the Congress that both Houses, by a two-thirds vote, shall
propose an amendment to the Constitution conferring the power to levy
an income tax upon the National Government without apportionment
among the States in proportion to population.
…
Second, the
decision in the Pollock case left power in the National Government to levy
an excise tax, which accomplishes the same purpose as a corporation income
tax and is free from certain objections urged to the proposed income
tax measure.
I therefore
recommend an amendment to the tariff bill Imposing upon all
corporations and joint stock companies for profit, except national
banks (otherwise taxed), savings banks, and building and loan
associations, an excise tax measured by 2 per cent on the net
income of such corporations. This
is an excise tax upon the privilege of doing business as an artificial
entity and of freedom from a general partnership liability enjoyed by
those who own the stock. [Emphasis added] I am informed that a 2 per
cent tax of this character would bring into the Treasury of the United
States not less than $25,000,000.
The decision
of the Supreme Court in the case of Spreckels Sugar Refining Company
against McClain (192 U.S., 397), seems clearly to establish the
principle that such a tax as this is an excise tax upon privilege
and not a direct tax on property, and is within the federal power
without apportionment according to population.
The tax on net income is preferable to one proportionate to a
percentage of the gross receipts, because it is a tax upon success and not
failure. It imposes a burden
at the source of the income at a time when the corporation is well able to
pay and when collection is easy.
Bowers
v. Kerbaugh-Empire Co., 271 U.S.
170, 174, (1926)
"The Sixteenth
Amendment declares that Congress shall have power to levy and collect
taxes on income, "from [271 U.S. 174] whatever source derived," without
apportionment among the several states and without regard to any census
or enumeration. It was not the purpose or effect of that amendment to
bring any new subject within the taxing power. Congress already had
power to tax all incomes. But taxes on incomes from some sources had
been held to be "direct taxes" within the meaning of the constitutional
requirement as to apportionment. Art. 1, § 2, cl. 3, § 9, cl. 4; Pollock
v. Farmers' Loan & Trust Co., 158 U.S. 601. The Amendment relieved from
that requirement, and obliterated the distinction in that respect
between taxes on income that are direct taxes and those that are not,
and so put on the same basis all incomes "from whatever source derived."
Brushaber v. Union P. R. Co., 240 U.S. 1, 17. "Income" has been
taken to mean the same thing as used in the Corporation Excise Tax Act
of 1909, in the Sixteenth Amendment, and in the various revenue acts
subsequently passed. Southern Pacific Co. v. Lowe, 247 U.S. 330, 335;
Merchants' L. & T. Co. v. Smietanka, 255 U.S. 509, 219.
After full consideration, this Court declared that income may be defined
as gain derived from capital, from labor, or from both combined,
including profit gained through sale or conversion of capital.
Stratton's Independence v. Howbert, 231 U.S. 399, 415; Doyle v. Mitchell
Brothers Co., 247 U.S. 179, 185; Eisner v. Macomber, 252 U.S. 189, 207.
And that definition has been adhered to and applied repeatedly. See,
e.g., Merchants' L. & T. Co. v. Smietanka, supra; 518; Goodrich v.
Edwards, 255 U.S. 527, 535; United States v. Phellis, 257 U.S. 156, 169;
Miles v. Safe Deposit Co., 259 U.S. 247, 252-253; United States v.
Supplee-Biddle Co., 265 U.S. 189, 194; Irwin v. Gavit, 268 U.S. 161,
167; Edwards v. Cuba Railroad, 268 U.S. 628, 633. In determining what
constitutes income, substance rather than form is to be given
controlling weight. Eisner v. Macomber, supra, 206. [271 U.S. 175]"
Pete Hendrickson on the Meaning of "Income" (MP3, 3 Mbytes)
U.S.
v. Whiteridge, 231 U.S.
144, 34 S.Sup. Ct. 24 (1913)
“As
repeatedly pointed out by this court, the Corporation Tax Law of 1909..imposed
an excise or privilege tax, and not in any sense, a tax upon property or
upon income merely as income.
It was enacted in view of the decision of Pollock v. Farmer’s
Loan & T. Co., 157 U.S. 429, 29 L. Ed. 759, 15 Sup. St. Rep. 673, 158
U.S. 601, 39 L. Ed. 1108, 15 Sup. Ct. Rep. 912, which held the income tax
provisions of a previous law to be unconstitutional because amounting in
effect to a direct tax upon property within the meaning of the
Constitution, and because not apportioned in the manner required by that
instrument.”
47A Corpus Juris Secundum
(C.J.S.) Pages 182 through 189, Sections 56-58: Income Taxable In
General (796 KBytes)
Brushaber
v. Union Pacific Railroad Co., 240 U.S.
1, 16-17 (1916)
“The
conclusion reached in the Pollack case.. recognized the fact that taxation
on income was, in its nature, an excise…”
Southern
Pacific Co., v. Lowe, 247 U.S.
330, 335, 38 S.Ct. 540
(1918)
“We
must reject in this case, as we have rejected in cases arising under the
Corporation Excise Tax Act of 1909 (Doyle, Collector, v. Mitchell Brothers
Co., 247 U.S. 179, 38 Sup. Ct. 467, 62 L. Ed.--), the broad contention
submitted on behalf of the government that all receipts—everything that
comes in-are income within the proper definition of the term ‘gross
income,’ and that the entire proceeds of a conversion of capital assets,
in whatever form and under whatever circumstances accomplished, should be
treated as gross income. Certainly
the term “income’ has no broader meaning in the 1913 act than in that
of 1909 (see Stratton’s Independence v. Howbert, 231 U.S. 399, 416, 417
S., 34 Sup. Ct. 136), and for the present purpose we assume there is not
difference in its meaning as used in the two acts.”
Stapler v. U.S.,
21 F.Supp.
737,U.S. Dist.
Ct. EDPA (1937)
"Income
within the meaning of the 16th
Amendment and the Revenue
Act means, gain ... and in such connection gain means
profit ... proceeding from property severed from capital, however invested
or employed and coming in, received or drawn by the taxpayer for his
separate use, benefit and disposal"
Lucas v. Earl, 281 U.S. 111
(1930):
"The claim
that salaries, wages and compensation for personal services are to be
taxed as an entirety and therefore must be returned by the individual who
has performed the services which produced the gain is without support
either in the language of the Act or in the decisions of the courts
construing it. Not only this, but it is directly opposed to provisions of
the Act and to regulations of the U.S. Treasury Dept. which either
prescribe or permit that compensation for personal services be not taxed
as an entirety and be not returned by the individual performing the
services. It is to be noted that by the language of the Act it is not
salaries, wages or compensation for personal services that are to be
included in gross income. That which is to be included is gains, profits
and income DERIVED from salaries,
wages or compensation for personal service." [Emphasis added]
[WARNING!:
The Findlaw version of this case is WRONG. Go to http://www.versuslaw.com
to get
the correct cite, which you can also view by clicking
here. This is an inexpensive subscription service so you can't
look it up for free. Sorry. The quote from above is found in
the summary of the case and not in the opinion of the court.]
The Court ruled similarly in Goodrich v.
Edwards, 255 U.S. 527
(1921) and in 1969, the Court
ruled in Conner v. U.S., 303 F.Supp. 1187, that:
"Whatever
may constitute income, therefore must have the essential feature of gain
to the recipient. This was true when the
16th Amendment became effective, it was
true at the time of Eisner
v. Macomber, supra, it was true under sect. 22(a) of the Internal Revenue Code of 1938, and it is
likewise true under sect. 61(a) of the I.R.S. Code of 1954. If
there is not gain, there is not income .... Congress has taxed INCOME and
not compensation."
Edwards v. Keith,
231 F. 111, (1916)
"... one
does not derive income by rendering services and charging for them."
Even at the state level, we find courts following the
lead of the U.S. Supreme Court:
"There
is a clear distinction between profit and wages or compensation for labor.
Compensation for labor cannot be regarded as profit within the meaning of
the law."
Oliver v. Halstead, 196 Va. 992, 86 S.E.2d 858
(1955)
and:
"Reasonable
compensation for labor or services rendered is not profit."
Lauderdale Cemetery Assoc. v.
Matthews,
345
Pa. 239 (1946), 47 A.2d. 277, 280
Murphy v. IRS, DC Court of
Appeals No. 03cv02414
So.
Pacific v. Lowe,
238 F. 847; (U.S. Dist. Ct. S.D. N.Y. 1917); 247 U.S. 30
(1918)
"... `income'
as used in the statute should be given a meaning so as not to include
everything that comes in, the true function of the words `gains' and `profits' is to limit the meaning of
the word `income'"
Eisner v. Macomber, 252 U.S.
189, 207,
40 S.Ct. 189, 9 A.L.R. 1570 (1920):
"... the definition of income
approved by the Court is:
`The gain derived from capital, from labor,
or from both combined, provided it be
understood to include profits gained through sale or conversion of
capital assets.'"
Helvering
v. Edison Bros. Stores, 133 F.2d 575 (1943)
"The
Treasury Department cannot, by interpretative regulations, make income of
that which is not income within the meaning of the revenue acts of
Congress, nor can Congress, without apportionment, tax as income that
which is not income within the meaning of the Sixteenth Amendment. Eisner
v. Macomber, 252 U.S. 189, 40 S. Ct. 189, 64 L. Ed. 521, 9 A.L.R.
1570; M. E. Blatt Co. v. United States, 305 U.S. 267, 59 S. Ct. 186,
83 L. Ed. 167."
20
CFR 416.1102: What is income
Income is anything you
receive in cash or in kind that you can use to meet your needs for food,
clothing, and shelter. Sometimes income also includes more or less than
you actually receive (see § 416.1110 and § 416.1123(b)).
In-kind income is not cash, but is actually food, clothing, or shelter, or
something you can use to get one of these.
[56 FR 3212, Jan. 29, 1991]
20
CFR 416.1103: What is not income
Some things you receive
are not income because you cannot use them as food, clothing, or shelter,
or use them to obtain food, clothing, or shelter. In addition, what
you receive from the sale or exchange of your own property [and the
Supreme Court in Butcher's Union declared that labor is property] is not
income; it remains a resource. The following are some items that
are not income:
(a) Medical care and
services. Medical care and services are not income if they are any of the
following:
(1) Given to you free of
charge or paid for directly to the provider by someone else;
(2) Room and board you
receive during a medical confinement;
(3) Assistance provided in
cash or in kind (including food, clothing, or shelter) under a Federal,
State, or local government program, whose purpose is to provide medical
care or services (including vocational rehabilitation);
(4) In-kind assistance
(except food, clothing, or shelter) provided under a nongovernmental
program whose purpose is to provide medical care or medical services;
(5) Cash provided by any
nongovernmental medical care or medical services program or under a health
insurance policy (except cash to cover food, clothing, or shelter) if the
cash is either:
(i) Repayment for
program-approved services you have already paid for; or
(ii) A payment restricted
to the future purchase of a program-approved service.
What is “income” and how to I place a “value”
on it?-Independent American Party
Income was defined by the Congress before the 16th Amendment. The did
so in the law concerning the Income tax that was declared
unconstitutional before the 16th Amendment. (Was that passed legally? I
doubt it.) It means corporate profit. You cannot have profit from
trading a thing of value for another thing of value or trading a thing
of value for a thing of no value. If you charge 10.00 and hour for your
employee and you charge 20.00 an hour and the costs of hiring the
employee is 18.00 an hour then you have a 2.00 profit on the employee.
If you buy a widget for 100.00 and you sell it for 200.00 and it cost
you 50.00 to sell it then you have 50.00 profit or income. If you trade
your labor worth $10.00 an hour for a note that has no value then you
lost income. (Bad investment) If you trade your labor for $10.00 for one
hour then you broke even and cannot have income or profit. This is, of
course, not only understandable, it is fair and honest. Our government,
however, has established a New American Civil Religion which is
anti-Christ and anti-truth and has been established by the
High Priests of this New American Civil Religion.
Income Taxes and Social Security taxes are nothing more than the
tithing for this
Religion of Socialism. To me that is enough of a reason not to pay
it since it is a violation of the First Amendment but then that is
another story.
Of course evil becomes good and good evil in this Civil Religion:
Isa. 5: 20 ¶ Woe unto them that call evil good, and good evil; that put
darkness for light, and light for darkness; that put bitter for sweet,
and sweet for bitter!
So how do you know if you have income or owe a tax. Well the first
thing you must do is determine if you have any income and if it can be
determined by the “value” of “dollars” since “Federal income tax is
imposed in terms of dollars. U.S. v. Rickman 638 F.2d 182, *184 (C.A.Kan.,
1980)
Dollar IS defined by Congress in U.S.C. 31 Sec. 5112 in (a) (e) and
(d)(1). It is not defined in Title 26 the Internal Revenue Code. The
value of a dollar is not defined anywhere else that I can find and I
have looked for over ten years. (If anyone can find another definition
made by Congress that shows the value of a dollar please let me know.)
The Board of Governors sent an Independent American Party Candidate a
letter stating that a “dollar” has no “set value” but it appears they
either lied or did not know the law.
A dollar has a “value” and it has been “regulated” by Congress at
U.S.C. 31, Section 5112 as per the United States Constitution. (Do a
word search on the word “value” and you will see that the code is very
clear on what kind of “dollars” have a given value. You will note that
Federal Reserve Notes are not included.)
Textual Canons
Textual canons are rules of thumb for understanding the words of the
text. Some of the canons are still known by their traditional Latin
names.
Expressio unius est exclusio alterius (The express mention of one
thing excludes all others)
Items not on the list are assumed not to be covered by the statute.
However, sometimes a list in a statute is illustrative, not
exclusionary. This is usually indicated by a word such as “includes.”
In pari materia (Upon the same matter or subject)
When a statute is ambiguous, its meaning may be determined in light
of other statutes on the same subject matter.
Noscitur a sociis (A word is known by the company it keeps)
When a word is ambiguous, its meaning may be determined by reference
to the rest of the statute.
The legislature intended to use ordinary English words in
their ordinary senses.
[F]irst, “the ordinary rule of statutory construction” that “if
Congress intends to alter the usual constitutional balance between
States and the Federal Government, it must make its intention to
do so unmistakably clear in the language of the statute,” Will,
491 U.S., at 65, 109 S.Ct. 2304 (internal quotation marks and citation
omitted); see also Gregory v. Ashcroft, 501 U.S. 452, 460-461, 111 S.Ct.
2395, 115 L.Ed.2d 410 (1991); United States v. Bass, 404 U.S. 336, 349,
92 S.Ct. 515, 30 L.Ed.2d 488 (1971), and second, the doctrine that
statutes should be construed so as to avoid difficult constitutional
questions. (Vermont Agency of Natural Resources v. U.S. ex rel.
Stevens,529 U.S. 765, 787, (2000))
So is Congress intends to “alter the usual constitutional balance
between States and the Federal Government, it must make its intention to
do so unmistakably clear in the language of the statute…”
So what should the “balance be” when it comes to money between the
States and the Federal government?
Section. 8. The Congress shall have Power To coin Money, regulate the
Value thereof, and of foreign Coin, and fix the Standard of Weights and
Measures;
Art. 1, Section. 10. No State shall … make any Thing but gold and
silver Coin a Tender in Payment of Debts;
But they had better “make its intention to do so unmistakably clear
in the language…” so that means that Money needs to be coin and dollar
needs to be defined or Congress had better be VERY clear how they are
doing it, what is money and what is a dollar and if not then “Keeping in
mind the well-settled rule that the citizen is exempt from
taxation unless the same is imposed by clear and unequivocal
language, and that where the construction of a tax law is doubtful, the
doubt is to be resolved in favor of those upon whom the tax is sought to
be laid…” Spreckels Sugar Refining Co. v. McClain, 192 U.S. 397, 24
S.Ct. 376, 418, U.S. 1904
A Federal Reserve Note has, according to the Treasury Department
http://www.treas.gov/education/faq/currency/legal-tender.shtml has “no
value.” “Federal Reserve notes are not redeemable in gold, silver or any
other
commodity, and receive no backing by anything. This has been the
case since 1933. The notes have no value for themselves,
but for what they will buy.”
Now that is clear and unequivocal language. “Federal Reserve notes
are not redeemable in… any…
commodity” and “have no value for themselves.”
By the way that would mean that “lawful money” is not a
commodity as per
U.S.C. 31, sec. 411 which says: Federal reserve notes… shall be
redeemed in lawful money on demand at the Treasury Department of the
United States…”
It seems to be impossible to have “income” if you receive something
that has “no value.” Cannot be redeemed in an
commodity and has no value for themselves. I mean if it has no value
how and cannot be redeemed for something of value how can it be profit?
How can it have “value” if it has “no value”?
So how can we avoid Income taxes?
“I live in Alexandria, Virginia. Near the Supreme Court chambers is a
toll bridge across the Potomac. When in a rush, I pay the dollar toll
and get home early. However, I usually drive a free bridge outside the
downtown section of the city, and cross the Potomac on a free bridge.
This bridge was placed outside the downtown Washington, D.C. area to
serve a useful social service: getting drivers to drive the extra mile
to help alleviate congestion during rush hour. If I went over the toll
bridge and through the barrier without paying the toll, I would be
committing tax evasion. If, however, I drive the extra mile and drive
outside the city of Washington, I am using a legitimate, logical and
suitable method of tax avoidance, and I am performing a useful social
service by doing so. For my tax evasion, I should be punished. For my
tax avoidance, I should be commended. The tragedy of life today is that
so few people know that the free bridge event exists.” U.S. Supreme
Court Justice Louis D. Brandeis
This seems very clear. We need to judge our income by the “value” of
the “dollars” we receive in “income” while subject to Federal
jurisdiction in a taxable “district” while working in a taxable
occupation. So if you know what all of those mean and how they
personally affect you in “clear and unequivocal language” then you are
not exempt from income tax so shut up and pay. If on the other hand you
feel you are unsure because the language does not appear to be “clear
and unequivocal” and you are no longer sure what a “dollar” is or you
believe you do know what a ‘dollar” is and you did not have any “income”
in “dollars” then you are probably exempt.
Therefore if you have income in “dollars” you should pay the “toll.”
If you do not have income in dollars or if you do not have enough income
in dollars to meet the exemption limit established by Congress then you
should not pay the “toll” and you will be “performing useful social
service by doing so.”
“It will be of little avail to the people, that the laws are made by
men of their own choice, if the laws be so voluminous that they cannot
be read, or so incoherent that they cannot be understood; if they be
repealed or revised before they are promulgated, or undergo such
incessant changes that no man, who knows what the law is to-day, can
guess what it will be to-morrow. Law is defined to be a rule of action;
but how can that be a rule, which is little known, and less fixed?
“Another effect of public instability is the unreasonable advantage
it gives to the sagacious, the enterprising, and the moneyed few over
the industrious and uniformed mass of the people. Every new regulation
concerning commerce or revenue, or in any way affecting the
value of the different species of property, presents a new
harvest to those who watch the change, and can trace its consequences; a
harvest, reared not by themselves, but by the toils and cares of the
great body of their fellow-citizens. This is a state of things
in which it may be said with some truth that laws are made for the FEW,
not for the MANY.
“In another point of view, great injury results from an unstable
government. The want of confidence in the public councils damps every
useful undertaking, the success and profit of which may depend on a
continuance of existing arrangements. What prudent merchant will hazard
his fortunes in any new branch of commerce when he knows not but that
his plans may be rendered unlawful before they can be executed? What
farmer or manufacturer will lay himself out for the encouragement given
to any particular cultivation or establishment, when he can have
no assurance that his preparatory labors and advances will not render
him a victim to an inconstant government? In a word, no great
improvement or laudable enterprise can go forward which requires the
auspices of a steady system of national policy.
“But the most deplorable effect of all is that diminution of
attachment and reverence which steals into the hearts of the people,
towards a political system which betrays so many marks of infirmity, and
disappoints so many of their flattering hopes. No government,
any more than an individual, will long be respected without being truly
respectable; nor be truly respectable, without possessing a
certain portion of order and stability.” PUBLIUS. (Madison)
Federalist Papers 62 (Note: Congressman Rob Gramms of Minnesota
said in 1999 AD in Congress that the code consists of over 7,000,000
words, and has been changed 5,400 times since 1986.)
“Permit me to issue and control the money of a nation and I care not
who makes its laws.” Mayer Amschel Rothschild of Germany (1743–1812)
So tell me the truth. Can you now, in all honesty, sign a 1040 form
under penalties of perjury knowing that you have income
in dollars? Because if you cannot then you will commit a felony known as
perjury by signing it. So the question is will you uphold the law or
will you commit a felony out of fear?
“Let it simply be asked, Where is the security for property, for
reputation, for life, if the sense of religious obligation desert the
oaths which are the instruments of investigation in courts of justice?
And let us with caution indulge the supposition that morality can be
maintained without religion.” - George Washington, Farewell Address 1796
AD.
“If you love wealth better than liberty, the tranquility of servitude
better than the animating contest of freedom, go home from us in peace.
We ask not your counsels or arms. Crouch down and lick the hands
which feed you. May your chains set lightly upon you and may posterity
forget that ye were our countrymen.” – Samuel Adams, 1776
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