INSTRUCTIONS:  0.11. KEEPING YOURSELF FROM BEING SILENCED IN SPREADING THE TRUTH
Related links:

Related articles:

An important goal of this book is to make it completely safe for you to share the truths found in this book and to publish your findings on the world wide web without subjecting yourself to legal harassment or criminal or civil liability by our corrupted government.  This section will show you how to avoid being persecuted for sharing your views on taxes as so many before you have.

The federal courts have jurisdiction within states of the Union related to commerce under Article 1, Section 8, Clause 3 of the United States Constitution.  A favorite technique used by our dishonest public "servants" is to abuse that jurisdiction in order to silence those who would try to promote the truths found in this book.  In particular, the famous “861 source” position has been under attack by the federal courts and the Department of Injustice starting in the late 1990’s and a number of “promoters” have been forced by the federal courts to shut down their websites and stop “promoting” this approach.  Below is a list of just a few persons who were attacked for promoting the “861 source position” and others along with  the result of the attack:

Table 3: 861 source promoters shut down

# Individual Organization and/or location Website Result
1 Dave Bossett Bossett Partners, Spring Hill, FL. None Ordered to stop promoting 861.
2 Larken Rose Taxable Income http://taxableincome.net Deposition held October 2001.  Larken posted the entire deposition on his website and nailed the bastards to the wall so they left him alone!
3 Thurston Bell National Instituted for Tax Education (NITE), Harrisburg, PA http://www.nite.org/ Website ordered shut down January 10, 2003.
4 Chad Prater Taxinformer http://www.taxinformer.com/ Ordered to stop promoting 861 in January 2003. Shut his website down temporarily to remove 861 references and brought it back up again in.  His partner Rick Cantwell was also indicted at the same time as him.
5 Everte Farnell National Institute for Tax Education (NITE) http://www.nite.org/ Lawsuit filed Sept. 26, 2002.  Order issued Jan. 23, 2002 to stop promoting 861.
6 Douglas Rosile Tampa, FL. None Ordered to stop preparing tax returns June 11, 2002.
7 Harold Hearn Atlanta based CPA None Ordered to quit promoting 861 source position.
8 Richard Haraka
(alis “Rick Bryan”)
Taxgate http://www.taxgate.com Suit filed Nov. 7, 2002.
9 Joe Sweet Joy Foundation, Illinois http://www.joyfoundation.com Suit filed March 5, 2002.

The trial of Chad Prater of Taxinformer.com was noteworthy because Larken Rose personally appeared at the trial as an expert witness and the judge even admitted to watching Larken’s “Theft by Deception Video” in open court, but later decided not to admit it into evidence or allow the jury to see it because it prejudiced the government’s position!

According to the definition of "tax shelter" found in 26 U.S.C. §6111 and 26 U.S.C. §6112, a "tax shelter" is an investment that must be registered with the Federal government, the State, and the Secretary of the Treasury.  An "abusive tax shelter" must first be a "tax shelter", which means it must be a registered investment.  Black's Law Dictionary says that a "tax shelter" is "A device used by a taxpayer to reduce or defer payment of taxes."  If you aren't offering investments to "taxpayers" that reduce their tax liability, then you aren't offering "tax shelters".  If you were only offering information and educational materials to people who are "nontaxpayers" and who aren't "taxpayers",  then you could not therefore ever be accused of selling "abusive tax shelters" because you aren't improperly reducing an existing liability of a person who is a "taxpayer".

It is important to learn from the mistakes of these persons so that you don’t become a victim of illegal extortion and harassment by the Department of Injustice.  The reason the government got any jurisdiction at all was because all of the above persons were “promoting” something, which means they were “selling” something.  They fell under federal commerce jurisdiction (Article 1, Section 8, Clause 3 of the Constitution) and under 26 U.S.C. §6700 so that their advocacy could then be classified as “commercial speech”, which is not protected from censorship under the First Amendment.  The big mistake that most of these parties made was that they did not ensure that all of their clients were "nontaxpayers".

If you don’t want to become a target for persecution and want to have your First Amendment rights respected by our covetous government, then you better make sure you take one or more of the following approaches below:

  1. If you have a ministry or business that focuses on tax freedom, completely divide your commercial enterprises from your free speech issues.  For instance, have one website in your personal name for providing free information about taxes that doesn’t charge anything and which is a “Free Speech” website.  Then have a second business website not connected in any way with the first which promotes your commercial endeavors.
  2. If you intend to offer your services to help "nontaxpayers" avoid being illegally persecuted by the IRS, the best way to avoid being victimized like these people were is to ensure that all of your clients sign a client agreement that requires them to sign under penalty of perjury from without the federal "United States" that they are "nontaxpayers".  See the following weblink for a sample of such a document:
    https://www.sedm.org/MemberAgreement/MemberAgreement.pdf
  3. Make sure you aren’t selling investments that are registered as "tax shelters".
  4. Add a “copyright license agreement” to everything you offer on your website or through your service.  Ensure that this notice indicates that those people who use your materials do so at their own risk and that if they either submit evidence unfavorable to your or prosecute you, they agree to pay all your legal fees and substitute themselves as the adjudged party.  See the following weblink for a sample of such a “copyright license agreement”:
    http://famguardian.org/disclaimer.htm
  5. Move the commercial aspect of your efforts offshore so that the government can't assert jurisdiction over it.

A famous tax freedom fighter in Florida named Eddie Kahn has used the above approach successfully for years.  His personal website is at http://www.eddiekahn.com.  He doesn’t have a business website and doesn’t promote his business on his personal site.  All his business is currently through referrals.  He states on his personal website that he can be reached at his business address but doesn’t say anything about his business.  He used to have a separate business website called American Rights Litigators that looked like his personal website but was completely separate, but he eliminated the business website in 2002.  Eddie has stayed completely out of trouble in the courts with this approach and you should learn from this successful technique and emulate it as much as you can.