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Forum Replies Created
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The term “person” in all federal statutes, is a legal construct, a statutory creation, thus it MUST exclude all Sovereigns.
I am not sure how else I can explain this.
R-dawg, use the search utility at Famguardian and do various searches for “person”, etc, and read thru the hits.
The “U.S. person” in the IRC at 26 USC 7701 (a) 30 is a perfect example.
ALL nonresident aliens, which is exactly what nearly all native born American nationals are, can NOT also simultaneously be a “U.S. person”
As an aside, when you buy a house and have to sign all those real estate forms, slipped in there is always an affidavit or IRS Form in which the buyer agrees that they are a “U.S. person”, they just check that box, sign, and don't even think about what they are doing.
Now we can better understand why 27 million people watch the TV program American Idol.
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Sonic, thanks for the detailed reply.
Regarding the Law of Necessity, it basically means that in dire situations, a Citizen is permitted to break any law, in order to prevent a greater harm from befalling him or another, and that such breaking of said law is not actionable and the person who invoked the Law of Necessity should NOT be held liable for their actions.
That is it in a nutshell, so far as I can recall.
The website link you provided came up with only 44 cases of prosecutorial misconduct in 30 + years, but yet they admitted that 2000+ cases occurred with unethical/illegal stuff going on. So it seems that you proved my point when I wrote “almost never”. Thanks.
As far as the other stuff in your rebuttal, and your repeated questioning of me with “You?”, You? You? – – – you are preaching to the choir. I don't have to brag or prove anything to you or anyone else so trying to bait me will not work.
Sonic, you did not have to do your road test, all you needed to do was read the US Supreme Court cases dealing with the limits of federal jurisdiction, and your “theory” would have been borne out quick enough. See how easy this is.
Your reliance on EXPERIENCE is telling. But be careful. A formula I created years ago asserts that:
Reality = Perception + Misperception + X
Your approach leaves you open to being controlled by others. Recall the movie, “The Sting”.
Where, “X”, above, is the aggregate of the events that went unperceived by the actor, in this case, the actor is you.
Corrupt government employees can and do band together to distort one's reality and they do it every day.
What all this means is that your so-called experiences, upon which you place so much methodological weight, can readily be manipulated by others such that your perception of reality, and the conclusions that you draw from what you THINK is reality, can be more easily distorted and controlled by outside influences/agents/actors.
This is why, the way to do is to be.
Bing
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In the uSA, all native born state Citizens are Sovereign, that is to say they are the author of law. Thus, any Code, be it a “tax code” or any other unenacted code, when they use the term “person”, it by definition excludes all Sovereign Citizens. I am sure many of you here already are aware of this.
With respect to Author 2 post above, I agree completely but with one clarification. Author 2 asserts,
“3. The I.R.C. is not positive law and therefore obligates no one to do anything without proof that the code section being enforced is enacted into positive law. . .”
Here, Author 2 is referring to those folks who are not engaged in a trade or business. That is to say when he used the word “anyone”, he was NOT referring to US Government workers who are obviously engaged in a trade or business.
You see, the I.R.C. is basically an Employee Handbook, for U.S. Government workers, and as such, it need not be enacted into positive law in order to be enforceable against those who are effectively connected with the conduct of A trade or business inside the federal U.S., and against those who unwittingly may have made an election to treat their income as being effectively connected to a trade or business, or otherwise signed contracts (like a W-4 Agreement) in which they make the same type of election.
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Thanks Bruce. Sadly, Ron Paul has far too much character to get elected as President. He will be isolated and squeezed out by the corrupt print and broadcast Media, in an unholy cabal with Beltway insiders who feed tips and scoops to the press as a sorta sport, while derailing careers.
Bruce, Ron Paul aside, I am going to nit pick and say that there is not a single person in America, who currently holds elective political office” to whom I would assign the label as Leader”
To me, a genuine leader is a principled person of tremendous character and integrity.
I will follow a leader, however, I WILL NOT Follow any elected politician in America. Not a one. They do not deserve the loyalty that comes from being a leader and having followers.
My sense is that other than Ron Paul, there is no one in Congress who is a leader in the true sense of that word.
No sir. The U.S. Congress is bereft of genuine leaders.
The lying corrupt politicians are “herders”, not leaders.
And as herders, they lead the American sheeple around and around and around, as a shepard does with his flock.
Guiding the sheeple to go in any direction he wants them to go, and when they refuse, they use the stick and threaten the sheeple, which then makes all the other sheeple get back in line with the rest of the sheeple.
The dearth of genuine leadership in American Society pervades society and is designed to get worse.
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Sonic, at least you had the balls to push the envelope.
Umm, hey, “Speed Racer”, err, I meant Sonic Fury, although I think I understand the juridictional thesis well enough, I think in some respects, BobT raises some valid points that should not be so readily dismissed.
In any case, if you really wanted to test your theory, why did you not simply speed away from the Federal Officer altogether? If he had no authority to issue you a speeding ticket, then surely he likewise had no authority to try and pull you over to begin with, yes?
If per chance the Federal Officier did write Sonic a speeding ticket, would that have proved that the Federal Government has lawful jurisdiction and police powers inside the 50 states?
Hardly.
Sonic, you bemoan “theories”, and to a small extent I share your lament, however, my view is that a theory is only a theory only until it is proven true, at which point a paradigm shift occurs and the theory migrates and then becomes a “fact”.
I don't know what “theories” you are complaining about, but I suspect that many of these “theories” are in fact contained in the Jurisdictional cases decided by the US Supreme Adminstrative Court and cited in the landmark 1956 & 1957 USG Study on Federal Jurisdiction, which can be obtained from SEDM.org in toto.
If I stand across the street from a federal building, and while standing on nonfederal land, with a bull horn, and I speak into the bullhorn 10 hours each day for a year, and repeat the same phrase, “THE U.S. GOVERNMENT AND THE IRS ARE BOTH LIARS”., and I repeat this phrase, ohhh, I dunno, 12,000+ times each day, and none of the federal officers arrest me or ticket me, is my non-arrest a sufficient foundation to then conclude that the federal Officers posted across the street, have no jurisdiction where I am standing?
Hardly.
Maybe the federal officers were lazy, disinterested, uninterested, or just oblivious to my outspokenness.
Safety issues aside, Sonic your “theory” could have been more readily tested if you carried it to completion and in fact you simply asked the Federal Officer to write you up a speeding ticket and see how he reacted.
Could the Federal Officer have produced a traffic ticket?
I seriously doubt it because then that would mean that there exists a federal traffic court staffed by federal Traffic Court Judges, and certainly none exist inside the 50 states on non federal land.
Thus, I doubt the Federal Park Police would have arrested you or issued you a ticket, however, he very well may have become pissed off and simply radioed for a State Police car to come as back-up, and then you would have received the ticket or more.
And I am left wondering if any of the responding State Police officers may have planted incriminating evidence in Sonic's car, then what? How you gonna use your jurisidctional argument to explain away 2 ounces of weed found in your car? MORAL: When possible, always stay far away from any Federal Officer deputized to carry a gun.
Just to add on what BobT said, one thing you must be aware of is that federal officers can and do arrest folks who are on non-federal land. If an off-duty Federal Officer witnesses a crime being committed, and they are on non-federal land, like any other Citizen, they are permitted to take action to prevent the crime and to prevent imminent injury or death to the general public.
And let us not forget about the Law of Necessity, which trumps even the Jurisdictional Thesis.
Sonic, I hardly think that a traffic stop, on a state highway, by a Federal Officer, proves, well, unlike yourself, I am not sure what it proved because you never used your trump card to see how the Federal Officer reacted.
Irwin Schiff, who said he was a nontaxpayer for decades, had his business raided
by armed thugs from the IRS.
Now, Irwin later proved in court that the 15+ responding armed IRS agents did not have the lawful authority to carry guns and raid him. And you know what, Irwin still got arrested
And lying and corrupted DOJ assistant attorneys, working with, as many would insist, was an even more corrupt and lying Judge Dawson, also a Federal Government employee, gave zero credence to Irwin's evidence that the IRS raid was illegal. The Judge ignored both the illegal evidence and actions of the illegally armed federal officers working under the cover of the IRS.
Irwin was later wrongfully convicted, and now he likely will die in prison.
The point I am getting at is that America is Police State and has a tyrant of a federal government that is largely lawless and in large measure, unaccountable to no one, not even “We the People”.
Many, if not most of the lawyers that work for the DOJ – Tax Division are disingeniuos and are rarely held accountable for the unethical and sometimes illegal acts they perfom on behalf of the federal government while working for the DOJ. They purposefully mislead and in fact lie to juries all the time and are never called to account.
The American and State Bar Associations almost NEVER bring charges of unethical
behaviour by US Govt lawyers. Why is that?
The point I am making, is that yeah, jurisidction and law are on OUR side, however, the corrupt federal judiciary working in concert with corrupted USG agents, run the entire system, so tests such as the one by our speeding Sonic, should rarely be performed to prove anything at all.
One can be as learned as Sonic, and I know he is one of the more learned folks in the THM, and yet, one can still get arrested and confined on bogus charges.
The USG arrests people every day on fake charges. Recall Richard Jewel from the 1996 Atlanta Olympics? And the Randy Weaver debacle in which, sadly, I think 2 Federal Marshals died, and Mrs Weaver was killed by a Federal Marshal with a headshot.
This fight we are in is not a game, a speeding game or otherwise.
Our lives, our freedom, our liberty, and the future of our Republic hang in the balance and hinge on all of us doing what we can TODAY, with what we have, where we are.
Distracting and “testing” federal Police Officers is not a smart thing to do for many reasons, not the least of which is that while the federal Officer is chit-chatting with you, he might be needed somewhere else on federal property where real federal crimes are committed by other Federal Employees.
Bing
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Yes, I can tell you.
But only you must decide whether or not you are a taxpayer.
No one else.
If you are a taxpayer, then you should pay all that you think you might owe.
To be a nontaxpayer, one must be willing to write to the IRS and carefully and logically explain your lawful status as a non-taxpayer, and point to the citations which tend to prove your lawful status as a nontaxpayer. Don't assume that they will know.
Be specific with your cites.
It is really quite simple, really, after you have mastered the basics.
If you do not qualify as a resident alien under 26 USC 7701 B] (1) (A), and you were born inside one of the 50 Union states, then by default, you are a nonresident alien of the District of Columbia and the federal United States.
Now, if you are a non-resident alien of the “U.S.”, your gross income subject to tax by the IRS, is composed ONLY of gross income that is effectively connected with the conduct of a “trade or business” within the District of Columbia and federal U.S., OR, is from a source or activity located within the District of Columbia or any other part of the federal U.S .
All, and I MEAN ALL, other gross income, to the extent that it is NOT effectively connected income and is NOT from a U.S. source or U.S. activity, is NOT taxable. Period.
That's it. . . . in a nutshell, more or less.
Go to 26 USC 7701 (a) (26) to find that the Internal Revenue Code defines the term “trade or business”, to mean only the performance of a public office.
I hope the above is helpful. Private tutorials and Dr.Bing's De-tax package consultations can be privately arranged. 🙂
Bing
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Sonik Speed wrote on Apr 17 2006, 07:32 PM:Well technically and legally speaking, the Internal Revenue Service DOES NOT EXIST, from a research prospective. But this topic that they do not exist, is a whole new topic.
Sonik Speed
[post=”2621″][/post]Well, technically speaking, the IRS that does not exist, is gearing up to send out to 120 million American Citizens, enough paper forms and IRS publications, to consume approximately 300,000 trees.
Boy, it is a good thing the IRS does not exist, because if they did exist, the USA would not have any trees left, which means the bird's habitats would be destroyed, and then the birds, having no place to live because all of their nesting trees had to be cut down to make paper for the IRS Tax Forms, would all die off, and then there would be an exponential increase in the number of insects which would thrive because there were no birds around to eat and control the insect population, and this increase in insects would over-whelm and destroy the American farm crops, thus driving up the cost of all farm products and also causing inflation to spiral out of control.
Moral: Save a Tree, abolish the IRS.
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By and large, the vast majority of Americans are extremely lazy when it comes to educating themselves about their legal Rights and Constitutional Rights. This is in part a result of the great job the corrupt U.S. federal government has done in brainwashing and scaring generations of Americans.
And it is also a result of the incredibly complex nature of the American Legal system and procedures.
I have spoken and met with many folks over the years and although many agree with my stance on freedom and liberty, they also insist that they would rather keep paying the IRS income taxes/donations, instead of fighting to get back their liberty.
Sigh.
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I am not at all surprised.
I never did trust that On-Star.
As most here know, there is rarely anything that the federal or state governments do, which genuinely benefits the People.
No sir.
Nearly every action of every federal and state agency is geared towards the aggrandizement and acquisition of greater power and stealing the wealth of the People.
And, I am fast coming to the same conclusion with respect to Big Business, which itself has been coopted and corrupted by the federal government and more and more, designs and creates products that aid the government in destroying the unalienable Rights and the Constitutional Rights of the American People.
Shameless, simply shameless.
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Layed, don't be lazy.
Do not rely on some clerk telling you on the telephone whether there is or is not a FTL on file with the County, under your name. Go to the County Courthouse yourself and verify if what they told you was true, by looking it up in the Lien Book.
Go back at least 5 years.
This should take you, maybe, 10 minutes to do, assuming the Lien Books are maintained alphabetically.
Have you been fighting the IRS by simply writing letters or affidavits to the local IRS Office? If you have, that explains a main part of your problem.
If you are creating more work for the low level local IRS guys, they will come to resent you for challenging their authority while making them do more work and exposing them to things they were not aware of and were not trained on. Plus, the local IRS guys have very little freedom to make important decisions and instead, must defer to local IRS Management anyway, so you are wasting your time dealing with local IRS staff. Understand that you are simply just “inventory” to the local IRS guys and that your case must be “worked” like any other case.
Take the fight directly to the IRS, by writing directly to the IRS' top lawyers in Washington, DC, and send your letters to 4, 5, or 6 different IRS lawyers at once. Put them on Notice and on the defensive. The IRS' top lawyers will know what to do and how best to instruct the local staff to handle your case, based primarily on how you communicate with the lawyers.
The main fighting strategy of the IRS is that they prey on the weak minded and those whom they believe they can defeat in court, based on false presumptions created by your Administrative Record. If you have an FTL, that tells me that perhaps your Admin Record is not correctly reflecting your true status as a nonresident alien and a nontaxpayer.
Finally, Layed, don't expect to come here at FG Forums and be spoon fed and have us hold your hand. Everything you need to know to successfully fight the corrupt IRS is staring you right in the face. Take better initiative, do your homework, and stop allowing yourself to be victimized by the corrupt IRS.
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I am unsure what it means, but I took the test and just discovered that I am a liberal, leftist feminist. 😮
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Sure.
Go to http://famguardian.org/Subjects/Taxes/News…ling-060615.htm
Item 13.
Click on Judicial Notice, Docket #44, and you will see a very powerful Motion to Judicially Notice Certain Facts, filed pursuant to Rule 201 of the Federal Rules of Evidence.
Under Rule 201, the Courts have virtually no discretion to toss out any of the facts averred in a 201 Motion, but instead, are required to admit everything so long as it is properly asserted.
In any type of litigation, Motions are in fact legal weapons. And one can use these legal weapons to constrict the degree of freedom of both the Court and opposing Counsel.
But here is the best part, a Motion filed under Rule 201 that is not rebutted by the Court is deemed to be judicially noticed. That means that the Court is then REQUIRED to incorporate every single fact that was judicially noticed, into the final Jury Instructions.
That said, what we witnessed in the C. Hansen case was that the Court, in this instance, a Judge Lorenz and a Magistrate Nita Storms, were both corrupt because they violated the alleged defendants Constitutional Rights.
But in the end, the Fam Guardian Fellowship and Forum readers and posters won outright because by attacking us, we have learned so much more about legal process and procedures, and the website is now 10,000 times better and stronger than it was before, now there are armies of legal Patriots who are now more educated and better prepared to fight the corrupt DOJ and corrupt IRS inside the courtroom. There has been an explosive growth in free educational materials at FG and also at SEDM and we have to thank the DOJ for getting us to focus our intellectual energy towards certain subjects based on their attack strategy.
A warm, special thanks goes out to Marty “Shoe-shine” Shoemaker, the DOJ lead counsel. Thank you, sir. 😮
From what I have read on FG, I think it is safe to say that all in all, attacking C. Hansen unjustly and unfairly, backfired on the DOJ BIG TIME. All that aside, the counsel for the U.S. Government, the Judge, and Junior Assistant Magistrate Storms should be ashamed of themselves for acting in such an unethical fashion. Simply shameless. Tsk, tsk, tsk.
You know, the moral of this whole story is that you all should study the CH case materials in-depth. Down load them and give them to your friends. Spread the word. Teach others when you can.
They are world class in every respect and show how to properly defend oneself by using the legal weapons at your disposal. The case materials even the playing field and if you study the stuff, you too can more than hold your own if the IRS or DOJ unfairly attacks you and tries to crush your Constitutional Rights.
Bing
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Well, I suspect that the Court is staying up late at night, trying to figure out where they have any possible wiggle room to not decide the case on the merits, but instead, to find for the DOJ based on some stupid crap, like missing an arbitrary filing deadline or some other technicality.
We'll see.
It is encouraging to see the exchange between the Court and the DOJ Tax Division attorney. It does not bode well, however, that DOJ did not send a top notch constitutional lawyer, instead of a, ahem, tax attorney.
I was curious to see the DOJ attorney assert that she was representing the “United States”, I would have thought that that would be the job of the U.S. Solicitor General, but maybe the S.G. only goes in front of the U.S. Supreme Administrative Court, I dunno.
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My favorite analogy spoken by the Court was something like, “if you are a hammer, then every problem looks like a nail”. or something to that effect.
LMAO!!! 😛 😀
Me thinks the Court of Appeals is gonna “hammer” Ms. Tax Divsion and her, lying, corrupt cronies over at the US Dept of INJustice.
She best be starting to polish her resume 'cause I don't think she is gonna be employed with the US Government that much longer, after making such a poor oral argument in what is arguably the single most important Appeals case currently active in the USA.
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Clap! Clap! Clap! Clap!
Aww man, you all should read the oral arguments made by WTP's attorney Mark Lane.
They are awesome!
Powerful, compelling, and yet elegantly simple.
I sure got a good chuckle out of the US Government's counsel asserting that the government viewed the case as a “tax case”, and that she is from the Tax Division of the DOJ.
Uhh, until the Court got her to admit that she was actually representing the ENTIRE U.S. Government. DUH!
Man, if the Court of Appeals rules against WTP after Lane's brilliant arguments, may God help us all.
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