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Judge Orders Group to Stop Promoting Income Tax Evasion
NYTimes ^ | 1/13/03 | DAVID CAY JOHNSTON

Posted on 01/13/2003 6:31:26 PM PST by trick question

The widely promoted claim that Americans are not required to pay income taxes on their wages is false, a federal judge ruled Friday in ordering one of its leading proponents to stop inciting tax evasion.

The judge, Christopher C. Conner, ordered the proponent, Thurston Paul Bell of Hanover, Pa., to post the court's order at his Web site (www.nite.org). Mr. Bell was also ordered to remove all language promoting the claim, known as the 861 position after a section of the tax code, that only those working for foreign-owned companies owe taxes on their wages.

Mr. Bell must turn over to the Justice Department copies of his client's tax returns, notify them that their returns were false and notify them that in addition to owing taxes they may face penalties for filing frivolous returns. Any refunds they obtained were erroneous, Judge Conner said, and the Internal Revenue Service may take them back.

Mr. Bell did not respond to e-mail and a fax seeking comment.

The preliminary injunction is the most serious blow to what members call the tax honesty movement, which has gained thousands of followers in the last two years, largely through full-page advertisements in USA Today. Members call the federal government a criminal organization.

The 861 position is nonsense, ruled Judge Conner of United States District Court for the Middle District of Pennsylvania. At least a dozen other courts have taken the same position, but that has not stopped people from paying at least $1,000 to Mr. Bell and others who claim that they have found a way to legally stop paying taxes.

Judge Conner noted that Mr. Bell conceded that Section 861 specified that wages earned in the United States were taxable.

Mr. Bell said, however, that the regulations implementing the law exempted wages paid by domestic companies from being taxed. Judge Conner said this false claim "rests purely on semantics and takes the regulations under Section 861 out of context."

Mr. Bell told the judge last year that he had a First Amendment right to promote his political views.

Judge Conner held Friday that Mr. Bell was running a business that incited people to violate the law, that his Web site was an advertisement for illegal advice and that he was engaged in commercial, not political, speech.

"Although the First Amendment protects commercial speech generally, it does not protect false commercial speech," Judge Conner wrote in rejecting Mr. Bell's First Amendment argument.

Businessmen have reportedly boasted of not paying taxes based on the 861 position. They said that the Internal Revenue Service knew that some of them had not paid taxes for two decades, but had done nothing, which they took as confirmation of their belief that the tax laws were a hoax. None of those businessmen have been indicted and some of them say the I.R.S. still has not contacted them.

We the People, an organization in Queensbury, N.Y., which has promoted the 861 position, has urged all Americans to stop paying taxes because federal officials will not meet with them to explain what authority the government has to impose taxes. Not paying taxes is the "one non-violent option left" to tyranny, according to the group.


TOPICS: News/Current Events
KEYWORDS: bobschulz; criminals; givemeliberty; schulz; taxevasion; taxhonesty; taxprotest; taxprotester; wethepeople
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To: dljordan

I haven't noticed We The People trying to scam anyone. Did I miss something?

Yah, their books store, featuring the failed theories of Ewin Schiff, Bannister & Conklin, et al.

21 posted on 01/13/2003 7:36:44 PM PST by ancient_geezer
[ Post Reply | Private Reply | To 11 | View Replies]

To: trick question
Correct me if I'm wrong, but Schiff has been completely left alone, to my knowledge, by the IRS ever since he created his "0 return" policy. Every single case that he's been in and out of court for in recent years has been for his tax protecting methods before he created his latest "0 return" scheme.

Can anyone here produce a case where Schiff's "0 return" policy has been taken to trial by the IRS? I'd be interested .

There are members on this board, I believe, who can attest to their success with his methods. Just throwing something into the mix..
22 posted on 01/13/2003 8:03:22 PM PST by Anti-Bolshevik
[ Post Reply | Private Reply | To 1 | View Replies]

To: Samizdat

...a candidate can lie to us to get elected but we can't saying anything allegedly false to promote our cause?...

Sure you can, just don't expect to get away with selling bad advice to your customers while your at it. Someone might call you on it in a suit for fraudulent business practice, not to mention any criminal proceedings that could arise as well.

Besides, nothing to stop someone else to point out the false nature of such claims.

 

Constitution for the United States of America:

 

James Madison, Federalist #39:

James Madison, Federalist #45:

 

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.

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

INCOME.
The gain which proceeds from property, labor, or business; it is applied particularly to individuals; the income of the government is usually called revenue.

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

WAGES,
contract. A compensation given to a hired person for his or her services. As to servants wages, see Chitty, Contr. 171 as to sailors' wages, Abbott on Ship. 473; generally, see 22. Vin. Abr. 406; Bac. Abr. Master, &c., H; Marsh. Ins. 89; 2 Lill. Abr. 677; Peters' Dig. Admiralty, pl. 231, et seq.

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

COMPENSATION
, contracts. A reward for services rendered.

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

GAIN.
The word is used as synonymous with profits.

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

PROFITS.
In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill

Compensation received for labor or product is commerce, a contract subject to duty or excise.

 

Springer v. United States(1880), 102 U.S. 586

  • "The central and controlling question in this case is whether the tax which was levied on the income, gains, and profits of the plaintiff in error, as set forth in the record, and by pretended virtue of the acts of Congress and parts of acts therein mentioned, is a direct tax."
  • "Our conclusions are, that direct taxes, within the meaning of the Constitution, are only capitation taxes, as expressed in that instrument, and taxes on real estate; and that the tax of which the plaintiff in error complains is within the category of an excise or duty."
  • Stratton's Independence, LTD. v. Howbert(1913), 231 U.S. 399:

    BRUSHABER v. UNION PACIFIC R. CO., 240 U.S. 1 (1916)

    Stanton v. Baltic Mining Co.(1916), 240 U.S. 103:

    Charles C. Stewart Machine Co. v. Davis (1937), 301 U.S. 548:

    House Congressional Record, March 27, 1943, pg. 2580:


    23 posted on 01/13/2003 8:04:54 PM PST by ancient_geezer
    [ Post Reply | Private Reply | To 16 | View Replies]

    To: Anti-Bolshevik

    Can anyone here produce a case where Schiff's "0 return" policy has been taken to trial by the IRS? I'd be interested .

    Erwin Schiff, who is the author of the "Zero Income Tax Return" makes it clear very clear on his own website, himself:

    "The fact that the law doesn't authorize a tax on wages also doesn't "fly" in our courts - as of today."

    Furthermore the Brown Case brought with the help of Ewin Schiff based on his 0 tax return theories on other notions provided by him and legal memoranda authored by him while aiding the Browns in their endevour, failed all the way up the line.

    Schiff: http://www.ischiff.com/taxcase.htm & http://www.paynoincometax.com/taxcase.htm

    "The case now pending before the Supreme Court, Brown v. The United States, Docket No. 99-2066, if heard , will end the income tax.  The case focuses on a tax that few Americans know exists: the Federal "wage tax." Since 1943, this tax has been collected (and disguised) by the Government as the withholding of income taxes "at the source."  However, the taxes that get "withheld" from a worker's pay each week are not income taxes.  They have nothing to do with income taxes or the 16th Amendment.  They represent a "wage tax" imposed in Section 3402 of the Internal Revenue Code.  Income taxes are imposed in Section 1. "

    Refer: http://www.supremecourtus.gov/docket/99-2066.htm

    "When Robert and Elena Brown of Las Vegas filed their 1996 "zero" income tax return, they requested a refund of the $5,035 in "wage taxes" they had paid that year. When the Government failed to send them their refund check as 
    required by over 20 statutes, three constitutional provisions, and numerous Supreme Court decisions they sued the Government in Federal court in Las Vegas.  They were entitled to the refund on at least two grounds.  The 
    Government admitted that no income taxes for 1996 had been assessed against 
    them and no court had ever held that they owed income taxes for that year.  In addition, they were entitled to a "credit" for the wage taxes they had paid against the income taxes they owed.  Since (as explained above) they owed no income taxes, the "credit" had to take the form of a cash refund. "


    UNITED STATES COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    ROBERT A. BROWN; ELENA H. BROWN, Plaintiffs-Appellants, v. UNITED STATES OF AMERICA, Defendant-Appellee.
    Docket: 99-15308 Filed October 26, 1999
    Appeal from the United States District Court for the District of Nevada
    Docket: CV-98-00825-PMP
    Philip M. Pro, District Judge, Presiding
    MEMORANDUM <<1>>
    Before: BROWNING, WALLACE and LEAVY, Circuit Judges.
    Robert and Elena Brown appeal pro se the district court's summary judgment for the United States in the Browns' action seeking a refund of taxes paid for tax year 1996 on the ground the IRS had failed to make any assessment against them and they had no tax liability. These arguments are
    frivolous. First, the Sixteenth Amendment authorizes a direct non-apportioned income tax on resident United States citizens. See Wilcox v. Commissioner, 848 F.2d 1007, 1008 n. 3 (9th Cir. 1988). Second, compensation for labor or services, paid in the form of wages or salary, is income subject to taxation. See United States v. Romero, 640 F.2d 1014, 1016 (9th Cir. 1981). The Browns are taxpayers within the meaning of the Internal Revenue Code and are subject to federal tax laws and income tax. See id.
    Third, there is no requirement that the IRS make a formal assessment of tax liability before payment is necessary. An assessment is merely a bookkeeping procedure that permits the government to bring its administrative apparatus to bear in collecting a tax. See Zeier v. United States, 80 F.3d 1360, 1354 (9th Cir. 1996) (rejecting similar argument in
    estate tax context). Most taxes are collected voluntarily, without an assessment; an assessment serves as the basis on which the IRS takes action against those who do not voluntarily pay their taxes on time. See id.
    Accordingly, the judgment of the district court is
    AFFIRMED


     

    APPENDIX D – 
    ORDER OF DISTRICT COURT OF
    JANUARY 19, 1999

    UNITED STATES DISTRICT COURT 
    DISTRICT OF NEVADA

       ENTERED AND SERVED 
    JAN 21 1999
    CLERK U.S. DISTRICT COURT DISTRICT OF NEVADA

    D.C. No CV No. CV-98-00825-PMP (RJJ)

    ROBERT A. BROWN, 
    ELENA H. BROWN,
       Plaintiffs,
    v.

    UNITED STATES OF AMERICA,
       Defendant.

    ORDER

    This action was commenced on May 29, 1998, by the filing of Plaintiffs’ Complaint to recover overpayment of federal income taxes for the year 1996 (#1).

    On November 30,1998, Plaintiffs filed a Motion for Summary Judgment (#12). On December 14, 1998, Defendant United States filed a Response in opposition to Plaintiffs’ Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment  (#13-#15).  On January 6, 1999, Plaintiffs filed a Reply to Defendant's Opposition to Plaintiffs’ Motion for Summary Judgment and Cross-Motion for Summary Judgment (#16).

    The pleadings and Motions on file, and particularly the Form W-2’s submitted as exhibits to Defendant United States’ Cross-Motion for Summary Judgment (#15), unambiguously show that Plaintiffs Robert A. Brown and Elena H. Brown received the sums of $23,846.73 and $20,354.42, respectively, for the year 1996 and that a total of $5,035.50 was withheld for that year.  Plaintiffs’ suit for refund is grounded in the claim that because no assessment had been made against them with regard to income taxes at the time they filed their income tax return, Form 1049 (sic), for the year 1996, they are entitled to a full refund of the entire amount of the taxes withheld.  Plaintiffs are wrong.

    The absence of a tax assessment by the Internal Revenue Service does not prove that a taxpayer owes no taxes.  See 26 U.S.C. par. 6151 and Moran v. U.S., 63 F. 3d 663, 666 (7th Cir. 1995). Indeed, the undisputed facts before the Court demonstrate that Plaintiffs cannot prove their claim of overpayment and entitlement to refund.

    IT IS THEREFORE ORDERED that Plaintiffs’ Motion for Summary Judgment (#12) is denied.

    IT IS FURTHER ORDERED that Defendant United States’ Cross-Motion for Summary Judgment  (#13-#15) is granted and that Judgment is hereby entered in favor of Defendant United States and against Plaintiffs Robert A. Brown and Elena H. Brown.

    DATED:   January 19, 1999 
     PHILIP M. PRO
                United States District Judge 


    Appeal Issues raise in Appellants brief.

    1. Whether the Ruling of the Ninth Circuit Court of Appeals is in conflict with numerous statutes passed by Congress, prior rulings of this Court, and prior rulings of the Ninth Circuit and other circuit courts  in holding that plaintiffs can owe income taxes even though:

    a) No assessments for the funds at issue exist, and
    b) No court has ever ruled that plaintiffs owed any income taxes for the year at issue?

    2. Whether the Ruling of the Ninth Circuit Court of  Appeals is in conflict with the apportionment provisions of the Constitution and the holding of this Court in Pollock v. Farmers Loan & Trust , 158 U.S. 601, and Brushaber v. Union Pacific RR, 240 U.S. 1 in holding that petitioners were required to pay a direct tax on their wages (as imposed in  Code Section 3402(a)(1)) despite the fact that the such a direct tax was not imposed on the basis of apportionment and despite the fact that such funds were required to be refunded to petitioners pursuant to the provisions of 26 U.S.C 31(a)(1)?

    3. Whether the Ruling of  the Ninth Circuit Court of Appeals is in conflict with all of the taxing clauses of the Constitution and this Court's holdings in both Pollock, supra, and Brushaber, by  permitting the United States to retain funds collected as a federal tax but which were not collected either on the basis of apportionment as provided for in Article 1, Sections 2 and  9,  Clauses 3 and 4, nor on the  basis of geographic uniformity as  provided for in Article 1, Section 8, Clause 1 of the United States Constitution?

    4. Whether the Ruling of the Ninth Circuit Court of Appeals is in conflict with this Court's holding in Brushaber v. Union Pacific RR, supra, by claiming in its ruling that “The Sixteenth Amendment authorizes a direct non-apportioned income tax on resident United States citizens.”?

    5. Whether the Ruling of the Ninth Circuit Court of Appeals is in conflict with Article 1, Section 1, Clause 1 of the United States Constitution and decisions of this Court in holding that federal courts and the petitioners are not bound by the “legislative powers “ vested in Congress, but are only bound by such court decisions as the Ninth Circuit deems appropriate to select and cite?

    6. Whether the Ruling of the Ninth Circuit Court of Appeals is in conflict with 26 U.S.C. 61 and the holding of this Court in Brushaber v. Union Pacific RR, supra and Merchant's Loan & Trust Co. v. Smietanka, 255 U.S. 509 in holding that  that “Compensation for labor services, paid in the form of wages or salary, is income subject to taxation.”

    7.  Whether citizens of the United States have a right “to have the Assistance of Counsel” of their own choosing as guaranteed to them by the 6th Amendment, or are they now restricted by being allowed to have for such assistance only such “officers of the court” as are permitted by this Court?


    http://www.supremecourtus.gov/docket/99-2066.htm

    No. 99-2066 Status: DECIDED
      Title: Robert A. Brown, Petitioner
        v.
        United States
    Docketed:           Lower Ct: United States Court of Appeals for the Ninth Circuit
    June 23, 2000   (99-15208)
    ~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Jun 23 2000 Petition for writ of certiorari filed. (Response due July 23, 2000)
    Jun 23 2000 Appendix of petitioner filed.
    Jun 29 2000 Waiver of right of respondent United States to respond filed.
    Jul 5 2000 DISTRIBUTED for Conference of September 25, 2000
    Oct 2 2000 Petition DENIED.
      ********************************************************
       

    24 posted on 01/13/2003 8:16:32 PM PST by ancient_geezer
    [ Post Reply | Private Reply | To 22 | View Replies]

    To: ancient_geezer
    Thanks for the information. I have known two people who have avoided income taxes. Both of them are now in trouble with the law for other reasons. I never dug deep enough to fully understand their reasoning, but it always sounded a little weird. One of them told me that the opening lines of the tax booklet (1040 I think) gave the option of filing your return or ??? [the exact wording of the other option I don't recall]. So he says that he investigated and found out that all he had to do was write a letter to the IRS and they wrote him back and said that he wouldn't hear from them again. Easy as that. He then took the letter to work and then his employer stopped deducting income taxes from his check. This sounds impossible to me, it sounds a little scary too. I know this guy pretty good and he wouldn't lie about the basic points I've described. The other guy gave me some line about not being a citizen, but rather he was a resident? Does that sound right. It sounded like semantics. I think he was working to get rid of all official documents like SS, etc.
    Have you heard of anything like this and if so, would you say my friend is going to get caught sooner or later?
    25 posted on 01/13/2003 9:07:56 PM PST by discipler
    [ Post Reply | Private Reply | To 24 | View Replies]

    To: Mike4Freedom
    Hi Mike4Freedom,
    I have no ax to grind, but the fellow seems to be right about We the People. Doing a search of "We the People" "861", I found an article on their sight that seemed favorable to that position. And the New York Times stated that We the People promoted that position. So, maybe you need to check into it a little more. This is scary stuff and people should pay their taxes. These tax avoiders are getting caught and there isn't much evidence that the courts are sympathetic. Does anyone out there want to lose their house on the off chance that the IRS won't follow up on them in a few years? Not me. Thanks.
    26 posted on 01/13/2003 9:21:06 PM PST by discipler
    [ Post Reply | Private Reply | To 3 | View Replies]

    To: ancient_geezer; trick question
    Is it correct that one may deduct casualty losses, for example, by robbery or burglary?

    I think you will agree taxes are collected coercively.

    I'm having a hard time distinguishing tax collectors from armed robbers. Are taxes deductible as casualty losses?

    27 posted on 01/13/2003 9:44:58 PM PST by coloradan
    [ Post Reply | Private Reply | To 19 | View Replies]

    To: discipler
    One of them told me that the opening lines of the tax booklet (1040 I think) gave the option of filing your return or ??? [the exact wording of the other option I don't recall]. So he says that he investigated and found out that all he had to do was write a letter to the IRS and they wrote him back and said that he wouldn't hear from them again. Easy as that. He then took the letter to work and then his employer stopped deducting income taxes from his check. This sounds impossible to me, it sounds a little scary too. I know this guy pretty good and he wouldn't lie about the basic points I've described. The other guy gave me some line about not being a citizen, but rather he was a resident? Does that sound right. It sounded like semantics. I think he was working to get rid of all official documents like SS, etc.

    In the letter your friend wrote, he simply said that he was a nonresident alien with no income from any source within the United States. It's a common theme in the tax evasion community. Your friend's attempt to get rid of his Social Security Number and all official documents ties in with that--he will try to claim that he is a sovereign individual and thus not "subject" to ANY government. Such claims are simply not recognized, and when the IRS does catch up with him (they are simply waiting for his tax liability, plus interest, plus penalties to exceed a certain level so they can seize all of his property), it will be time for him to give his soul to Jesus, because his a$$ (and all appurtenances and chattels thereunto appended) will belong to the IRS.

    28 posted on 01/14/2003 5:26:37 AM PST by Poohbah (When you're not looking, this tag line says something else.)
    [ Post Reply | Private Reply | To 25 | View Replies]

    To: Anti-Bolshevik
    Correct me if I'm wrong, but Schiff has been completely left alone, to my knowledge, by the IRS ever since he created his "0 return" policy.

    He's been left alone...because he's paying his taxes.

    Generally, if a tax guru isn't following his own technique, it says much about whether YOU should follow it.

    29 posted on 01/14/2003 5:28:32 AM PST by Poohbah (When you're not looking, this tag line says something else.)
    [ Post Reply | Private Reply | To 22 | View Replies]

    To: discipler

    It sounded like semantics.

    It is. And the Courts don't buy it. Many other folks who believed like your friend:

    Quatloo's Tax Protestor Gallery

    United States v. Sloan, 939 F.2d 499 (7th Cir. 1991)
    Argued that there is no law imposing a tax on income, that "freeborn" state citizens are exempt from income tax, and that an individual is not a"person" under the tax code.

    Have you heard of anything like this and if so,

    Yes, I was one of them at one time. I took the effort to look deeper for a defense before leaping however; unlike several unfortunate friends who did not see the value of discretion and research and the IRS laid it hard on them.

    A comprehensive FAQ compiled by a lawyer of all the Tax Protest arguments that have failed repeatedly and why:

    THE TAX PROTEST FAQ

    would you say my friend is going to get caught sooner or later?

    NonFiler Enforcement Program

    Who knows, as long as he doesn't file and is earning income beyond the threshold of filing, he is legally vulnerable to being caught. The letter to the IRS just places them on notice to look into his finances at their leisure. The longer they wait the higher the interest, fines and penalties they can tack on.

    30 posted on 01/14/2003 7:07:13 AM PST by ancient_geezer
    [ Post Reply | Private Reply | To 25 | View Replies]

    To: maro
    I am a tax lawyer.

    That you are a lawyer, puts you on the same level as a used-car salesman.

    That you are a tax lawyer...? Says you are interested in maintaining the status quo... In other words, you have NO credibility.

    Nice try.

    31 posted on 01/14/2003 10:33:24 AM PST by Capitalist Eric
    [ Post Reply | Private Reply | To 15 | View Replies]

    To: ancient_geezer
    what is the definition of income, as defined by US Supreme Court, and never overturned?
    32 posted on 01/14/2003 10:35:22 AM PST by Capitalist Eric
    [ Post Reply | Private Reply | To 19 | View Replies]

    To: Capitalist Eric

    what is the definition of income, as defined by US Supreme Court, and never overturned?

    Same as it was before the 16th Amendment:

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

    INCOME.
    The gain which proceeds from property, labor, or business; it is applied particularly to individuals;

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

    GAIN.
    The word is used as synonymous with profits.

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

    PROFITS.
    In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill

    Stratton's Independence, LTD. v. Howbert(1913), 231 U.S. 399:

    Eisner v. Macomber(1920), 252 U.S. 189,207
    http://caselaw.findlaw.com/scripts/getcase.pl?court=US&vol=252&invol=189#207

    FindLaw: HELVERING v. BLISS, 293 U.S. 144 (1934)

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

    WAGES,
    contract. A compensation given to a hired person for his or her services. As to servants wages, see Chitty, Contr. 171 as to sailors' wages, Abbott on Ship. 473; generally, see 22. Vin. Abr. 406; Bac. Abr. Master, &c., H; Marsh. Ins. 89; 2 Lill. Abr. 677; Peters' Dig. Admiralty, pl. 231, et seq.

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

    COMPENSATION
    , contracts. A reward for services rendered.

    Which is why we find today,

    Merriam-Webster's Collegiate® Dictionary © 2000

    Main Entry: in·come
    Pronunciation: 'in-"k&m also 'in-k&m or 'i[ng]-k&m
    Function: noun
    Date: 14th century
    1 : a coming in : , <fluctuations in the nutrient income of a body of water>
    2 : a gain or recurrent benefit usually measured in money that derives from capital or labor; also : the amount of such gain received in a period of time <has an income of $20,000 a year>


    33 posted on 01/14/2003 10:47:25 AM PST by ancient_geezer
    [ Post Reply | Private Reply | To 32 | View Replies]

    To: Capitalist Eric
    Ahh....so a person who has a doctorate in tax and law has no credibility but you will believe some anonymous clown who has an Internet site.
    34 posted on 01/14/2003 10:52:59 AM PST by AppyPappy (If you can't beat 'em, beat 'em anyway)
    [ Post Reply | Private Reply | To 31 | View Replies]

    To: ancient_geezer
    nice. problem is, a "gain" is a profit. since salaries and wages are considered an equitable exchange for work performed, there is no gain, therefore no income, therefore no income tax.
    35 posted on 01/14/2003 10:53:10 AM PST by Capitalist Eric
    [ Post Reply | Private Reply | To 33 | View Replies]

    To: AppyPappy
    I've met more Ph.D's in the last year, than I care to admit. And most of them are so blatantly ignorant, that it makes me question the "value" of higher education, at times... Being educated does NOT make one smart or wise...

    An unfortunate reality many fail to understand.

    With regard to lawyers in general??? One words sums them up, quite neatly: parasites.

    36 posted on 01/14/2003 10:56:57 AM PST by Capitalist Eric
    [ Post Reply | Private Reply | To 34 | View Replies]

    To: Capitalist Eric
    BAHAHAHAHAHA!!!! I bet you did really well in Accounting.

    Sheesh, some people will believe anything.

    37 posted on 01/14/2003 10:58:52 AM PST by AppyPappy (If you can't beat 'em, beat 'em anyway)
    [ Post Reply | Private Reply | To 35 | View Replies]

    To: Capitalist Eric
    Being educated does NOT make one smart or wise...

    That's why so many astronauts only have Associate degrees in Arc-Welding.

    38 posted on 01/14/2003 11:00:51 AM PST by AppyPappy (If you can't beat 'em, beat 'em anyway)
    [ Post Reply | Private Reply | To 36 | View Replies]

    To: trick question
    You.. can be a millionaire.. and never pay taxes! You can be a millionaire.. and never pay taxes! You say.. "Steve.. how can I be a millionaire.. and never pay taxes?" First.. get a million dollars. Now.. you say, "Steve.. what do I say to the tax man when he comes to my door and says, 'You.. have never paid taxes'?" Two simple words. Two simple words in the English language: "I forgot!" How many times do we let ourselves get into terrible situations because we don't say "I forgot"?
    39 posted on 01/14/2003 11:02:56 AM PST by dfwgator
    [ Post Reply | Private Reply | To 1 | View Replies]

    To: Capitalist Eric

    "gain" is a profit.

    Yep:

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

    GAIN.
    The word is used as synonymous with profits.

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

    PROFITS.
    In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill

    since salaries and wages are considered an equitable exchange for work performed

    One does not work for another without gain? You might, not me.

    The computation of "taxable income", includes the reduction of "gross income" by personal exemption and allowed deductions to determine the gain/profit upon which you are taxed. In fact if your income is less than the personal exemption and standard deduction there is no tax, nor even a requirement to file.

    You selfserving limiting definition does not help you one whit when wages exceed the threshold requirements to file and pay in the Courtroom where it counts.

    Lucas v. Earl(1930), 281 U.S. 111:

    Casper v. Commissioner, 805 F.2d 902 (10th Cir. 1986)
    Argued that wages are exchanges of property rather than taxable income and lost.

    Coleman v. Commissioner, 791 F.2d 68 (7th Cir. 1986)
    Argued that wages are not income under the tax code, and that the income tax is a taking and lost.

    United States v. Gerads, 999 F.2d 1255 (8th Cir. 1993)
    Argued that wages are untaxable, that the income tax is voluntary and lost

    Schiff v. United States, 919 F.2d 830 (2nd Cir. 1990)
    Argued that federal reserve notes are not taxable income and lost

    United States v. Rhodes, 921 F. Supp. 261 (M.D. Penn. 1996)
    Argued that "income" under the Sixteenth Amendment is limited to profit proceeding from property and lost.

    40 posted on 01/14/2003 11:07:22 AM PST by ancient_geezer
    [ Post Reply | Private Reply | To 35 | View Replies]


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