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To: Gargantua; Hon

The vitriol that this topic elicits is indicative of three things:

1. That the answer to this question has yet to be effectively and finally adressed.
2. That some here on FR are either IRS agents or apologists therefor.
3. That some here on FR are active or retired judges who balk at having their Monarchy questioned and exposed.

Actually four, that the law, as stated in the complaint presented at trial, exists in the tax code, and is constitutional. Those arguing otherwise are merely being caught out blowing hot air and are raising the level of vitriol to cover there lack of knowledge on the subject.

If such law existed in our Federal Tax Code, it would be the simplest thing for all you IRS and Rogue Court apologists to just cite it, chapter and verse.

Actually the prosecutor stated the particular statute in the complaint that brought the case to court, and was open to challenge in preliminary hearing, and pre-trial motion.

However for those who do not understand where the statutes are to be found and how the Court views those statutes:

 

United States v. Melton, No. 94-5535 (4th Cir. 1996)
ARGUED: Lowell Harrison Becraft, Jr.[one of Schulz & Co. legal beagles], Huntsville, Alabama, for Appellants.

The jury heard not only the United States's evidence against the Meltons, but also the brothers' defense that they believed they were not "persons liable" for federal income tax. The jury rejected the excuse, however, and convicted them on nearly all counts.

  • [Subtitle A] "Section 1 of the Internal Revenue Code imposes a federal tax on the taxable income of every individual.
    26 U.S.C. s 1."
  • [Subtitle A] "Section 63 defines "taxable income" as gross income minus allowable deductions."
    26 U.S.C. s 63.
  • [Subtitle A] Section 61 states that "gross income means all income from whatever source derived," including compensation for services.
    26 U.S.C. s 61.
  • [Subtitle F] Sections 6001 and 6011 provide that a person must keep records and file a tax return for any tax for which he is liable.
    26 U.S.C. ss 6001
    26 U.S.C. ss 6011.
  • Finally, section 6012 provides that every individual having gross income that equals or exceeds the exemption amount in a taxable year shall file an income tax return.
    26 U.S.C. s 6012.

The duty to pay federal income taxes therefore is "manifest on the face of the statutes, without any resort to IRS rules, forms or regulations." United States v. Bowers, 920 F.2d 220, 222 (4th Cir.1990). The rarely recognized proposition that, "where the law is vague or highly debatable, a defendant--actually or imputedly--lacks the requisite intent to violate it," Mallas, 762 F.2d at 363 (quoting United States v. Critzer, 498 F.2d 1160, 1162 (4th Cir.1974)), simply does not apply here.

Each Melton brother had gross income in excess of the amount requiring the filing of a return in each of the years at issue. Therefore, each was a "person liable."

 

The fact that you cannot is more telling than all of your wasted vitriol.

Hmmm! the only "wasted vitriol" seems to be coming from those in denial of reality here.

158 posted on 01/08/2004 11:11:11 AM PST by ancient_geezer
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To: ancient_geezer
All very true and well stated.

However, the question was not if people are bound by the Federal Tax Code (USC) to pay taxes. The question remains if anywhere in the USC exists a law which makes it mandatory for employers to withhold Federal taxes.

I still have seen no such Federal Law (USC) presented here.

Any other response is just another dodge, among many.

;-/

256 posted on 01/09/2004 7:30:38 AM PST by Gargantua (When green frog croak in full of moon... crow have bad gas...)
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