Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ancient_geezer
Taxes - This term in its most extended sense includes all contributions imposed by the government upon individuals for the service of the state, by whatever name they are called or known, whether by the name of tribute, tithe, talliage, impost, duty, gabel, custom, subsidy, aid, supply, excise, or other name.

The 8th section of Art. I, Const. U. S. provides, that "Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay," etc. "But all duties, imposts and excises shall be uniform throughout the United States."

In the sense above mentioned, taxes are usually divided into two great classes, those which are direct, and those which are indirect. Under the former denomination are included taxes on land or real property, and under the latter taxes on articles of consumption.

Sales Tax -- Any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property. 4 USC

Tangible personal property - Property that has physical substance and can be touched; Anything other than real estate or money, including furniture, cars, jewelry and china. Intangible property (example; a check account) lacks this physical quality.

Real Property - Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.

That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. In order to make one's interest in land, real estate, it must be an interest not less than for the party's life, because a term of years, even for a thousand years, perpetually renewable, is a mere personal estate...

The principal distinctions between real and personal property, are the following:

  1. Real property is of a permanent and immovable nature, and the owner has an estate therein at least for life.
  2. It descends from the ancestor to the heir instead of becoming the property of an executor or administrator on the death of the owner, as in case of personalty.
  3. In case of alienation, it must in general be made by deed and in presenti by the common law; whereas leases for years may commence in futuro, and personal chattels may be transferred by parol or delivery.
  4. Real estate when devised, is subject to the widow's dower personal estate can be given away by will discharged of any claim of the widow.

By focusing soley on Americans' antipathy toward the IRS and the Income Tax, the NRST attempts to fulfill Marx's assualt on individual property rights by imposition of a sales tax on Real Property as though such property were merely a consumable good ( - Cargo shipped by sea, land or air) or service ( - The being employed to serve another.)

As NRST advocates also attempt to redifine "rent" as a "service", we should also take a closer look at the difference in legal definition of these two words as well:

Service - The being employed to serve another.

Rent - The consideration paid for the right to use and possess property.

A certain profit in money, provisions, chattels, or labor, issuing out of lands and tenements in retribution for the use. (In feudal times, in some cases, essentially an INCOME TAX placed on the tenant!!!)

If one were to click on the links provided for the fuller, more complex definitions, we would learn that there is a relationship between the terms "rent" and "service". However, it IS NOT that the landlord provides a service to the tenant!!! Quite the opposite!!! The tenant performs service to the landlord!!!!

So once again, NRST must completely mutilate centuries of English Common Law regarding Real Property and Property Rights (by totally reversing the fundamental definition of "service") in order to impose a different form of Marxist taxation on the American People.

From Marx's Communist Manifesto:

The proletariat will use its political supremacy to wrest, by degree, all capital from the bourgeoisie, to centralize all instruments of production in the hands of the state, i.e., of the proletariat organized as the ruling class; and to increase the total productive forces as rapidly as possible.

Of course, in the beginning, this cannot be effected except by means of despotic inroads on the rights of property, and on the conditions of bourgeois production; by means of measures, therefore, which appear economically insufficient and untenable, but which, in the course of the movement, outstrip themselves, necessitate further inroads upon the old social order, and are unavoidable as a means of entirely revolutionizing the mode of production.

These measures will, of course, be different in different countries.

Nevertheless, in most advanced countries, the following will be pretty generally applicable.

1.Abolition of property in land and application of all rents of land to public purposes.

2.A heavy progressive or graduated income tax.

Of course, it is not the "proletariat" who are imposing these Marxist atrocities against individual property rights. It is the political elites in fascist collusion with business investor/landlord interests who stand to benefit from such change.
10 posted on 03/05/2002 3:38:49 PM PST by Willie Green
[ Post Reply | Private Reply | To 6 | View Replies ]


To: Willie Green
bump!
11 posted on 03/05/2002 3:43:12 PM PST by Tailgunner Joe
[ Post Reply | Private Reply | To 10 | View Replies ]

To: Willie Green

Under the former denomination are included taxes on land or real property, and under the latter taxes on articles of consumption.

Flint v. Stone Tracy Co.(1911), 220 U.S. 107

In a direct tax, The owner of property, real or personal, is hit with the tax merely because he "owns" it.

On the otherhand:

KNOWLTON v. MOORE, 178 U.S. 41 (1900)

Tyler v. U.S. 281 U.S. 497, 502 (1930)

The purchaser of property is levied the NRST upon retail sales. The receiver of such property cannot be the "owner" thus is not being levied a direct tax on the property which belongs to the designation of "direct taxes." You cannot be an owner to be subject to a direct tax until title is transferred and perfected. Thus the purchaser of land is levied with an "Indirect tax" under the NRST and title is not perfect until after compensation plus legal obligations (e.g. taxes) are paid. The NRST is thus excise or duty of article 1 Section 8 of the constitution.

An indirect tax is upon the transfer of property to another, levied upon the purchaser by reason of the commercial activity involved. Thus the NRST being levied upon the puchaser as part of the sale that occurrs in the commercial exchange of consideration for value received.

Your analysis of law regarding Direct Taxes simply does not apply to the particular instance of the NRST. The indirect tax is upon the conduct of commerce in relation to the value of the exchange paid by the purchaser or renter of property and not the owner of property.

 

The Records of the Federal Convention of 1787
(Farrand's Records)
James Mchenry before the Maryland House of Delegates.
Maryland Novr. 29th 1787--
Appendix A, CXLVIa, page 149, S9.

"Convention have also provided against any direct or Capitation Tax but according to an equal proportion among the respective States: This was thought a necessary precaution though it was the idea of every one that government would seldom have recourse to direct Taxation, and that the objects of Commerce would be more than Sufficient to answer the common exigencies of State and should further supplies be necessary, the power of Congress would not be exercised while the respective States would raise those supplies in any other manner more suitable to their own inclinations --"

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

"COMMERCE, trade, contracts
.
The exchange of commodities for commodities; considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit. Pard. Dr. Coin. n. 1. In a narrower sense, commerce signifies any reciprocal agreements between two persons, by which one delivers to the other a thing, which the latter accepts, and for which he pays a consideration; if the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter. Domat, Dr. Pub. liv. 1, tit. 7, s. 1, n. "

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

DUTIES.
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things;

A LAW DICTIONARY
by John Bouvier, Revised Sixth Edition, 1856:

EXCISES.
This word is used to signify an inland imposition, paid sometimes upon the consumption of the commodity, and frequently upon the retail sale.


16 posted on 03/05/2002 6:04:30 PM PST by ancient_geezer
[ Post Reply | Private Reply | To 10 | View Replies ]

To: Willie Green; Tailgunner Joe
Tailgunner, you should watch out for who you ride behind.

Willy has no interest in the rights of property "owners" notice his concern that a landlord/investor does not pay taxes but a renter does. He hates investors, property owners and landlords with a passion and figures they should be taxed by the Federal government for the land they own.

Read what he has actually written, the NRST does not tax owners, it can't as that would be a violation of the Constitution. I does however levy a tax on commercial activities and is paid by the "customer" not the owner and seller.

19 posted on 03/05/2002 6:22:26 PM PST by ancient_geezer
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson