Posted on 05/19/2003 12:42:57 PM PDT by Kowdawg
One man's effort to get an answer...
What started as a reasonable question to authority has now become a cause with purpose! Texas state Citizen Gene Chapman wants to know: "Where is my tax liability in the law?" Beginning April 15 he was willing to at least lose some weight in the matter and possibly go further. As of May 19th, day thirty-five, Gene is resigned to go the distance if an bona fide answer is not received! Time has shown, this man is serious! See the DO-NOT-RESUSCITATE Advance Directive.
"Where is MY tax liability in the law?" A simple question to which anyone who is presented a tax - any tax - should get an immediate, specific and legitimate response. 'Show me authority!' No response = unresponsive government. No response causes a reasonable man or woman to presume that there is no answer? No answer = no legitimacy = no law = extortion! (First Corinthians 6:10)
Beginning on the symbolic date of April 15, 2003, Gene began his death-fast with the intention of getting an answer from the Internal Revenue Service to the question he's been asking for more than three years. "What makes Texas Citizen Gene Chapman liable for income tax? Where is this liability so stated in the law - specifically?" Simple questions. And now many inquiring minds want to know: Where are the answers?
Gene is a proud Texan, from Lewisville, with ancestry that goes back to the early days of Texas. Some of his kinfolk actually fought with Sam Houston in the battle of San Jacinto where Texas won its independence from Mexico on April 21, 1836.
A soft-spoken, modest, single, middle-age, working man with no desire to be a ‘cause celebre’, Gene just wants a bone fide, legitimate, documented response to his question. And he is willing to go all the way to death to get it! Being a sincere Christian and an admirer of Mohandas Gandhi (India, 1869-1948), and other devotees to peaceful answers, Gene is willing to submit himself to the now probable and definite perils of a prolonged food fast to achieve his goals. Several health professionals are checking on Gene during the day and he is allowing himself water. As of day 34, he has lost over 50 pounds - one attending nurse believes such a rapid weight loss is not beneficial for his heart. Austin, Texas weather is not being kind to him. April 24 saw a new record high of 95 degrees! And as virtually no rain fell during the month, April 2003 is now in the record books as being the third driest on record since the battle for the Alamo. To those of us who have shelter from the elements this may not seem like much to be concerned about - however, this author suggests that a reader spend just one day on a street corner without food wherever the reader may be and report back on the experience. Because of the kind donations Gene has thusfar received, he is able now to be indoors. The in-expensive motel that he is currently in doesn't offer many ammities - and he doesn't have the need for many. He is weak in his physical and yet his mind is clear! He appreciates the support he's been getting.
Dressed in a dhoti of Indian fabric, which he located with the help of Arun Gandhi, a grandson of Mohandas Gandhi, and seated on a donated lawn chair, as his original stadium seat was taken while he was indisposed, under what is now known as the “Liberty Tree” on the street corner of Parker Lane & Woodward Street, in south Austin, Texas, directly across from the Austin Regional IRS Unit - Gene gently smiles and waves at the various onlookers that go by. They wave, horns sound, some stop and talk. This particular area is well populated with University of Texas students and, before the end of the semester, many would stop and chat while they were waiting for the shuttle to take them to school. “Helps shorten the day” says Gene. An interesting note is the reaction he gets from the IRS employees as they leave work for the day – smiles, hand waves, horns, and thumbs up! "Do they know something that we don’t?" Also, in an apparent show of solidarity local police seem to be patrolling the area with a bit more frequency.
Gene has a modest camper unit which houses personal belongings and provides sanitary facilities. It was a place to sleep during the nights prior to getting a motel room.
Local media coverage so far has been adequate and yet sometimes misleading. In a short piece (two min.) during the 6:00 p.m. segment (Monday, April 21), the local talking head (Kenneth Vargas) for the I.R.S. gave the standard canned response to the TV news reporter (Quita Culpepper) about the IRS being legitimate and the tax being constitutional, etc., and nothing about Gene's question. Kenneth Vargas publically stated that he would be happy to help Gene - as of day 34 he has not visited, contacted or done anything (known) regarding Gene Chapman. Interesting side note that shows how sometimes media can be mis-leading -- the local announcer’s (Ron Oliveira) end statement said that if one wanted to change the tax they should attempt do so by talking with state law makers. State lawmakers? Duh... (State lawmakers have nothing to do with Federal taxes.) When told of this news coverage Gene just smiled. Visit Gene's blogger site and listen for yourself.
Well there you have it up til now. Gene says that various IRS/Treasury people have told him that they would meet with him and we’ll let you know what happens then. As of day 34 - nothing from live people. A couple of Agents told Gene they would attempt to 'back-channel' to try and help him - no word from them - yet. Texas Senator Kay Bailey Hutchison's office after prompting requested Gene sign a release so that they might be of assistance - as of day 34 no response. Have you told a friend or two about Gene's death-fast? Have you directed anyone to this website?
Gene requests that others across America join him in solidarity by fasting Mondays, Wednesdays and Fridays as the spirit leads. Gene says, “Let us cast wickedness where it belongs and working towards solidarity we can do that.” Listen to what else Gene has to say by visiting http://genechapman.blogspot.com/ by clicking the VISIT BLOGGER button.
LOL. You may be right. However, I heard him interviewed on 1200 WOIA on May 1st. He sounded like a pretty reasonable guy who was committed to draw attention to, what he percieved to be a great injustice.
He answered the questions of his critics with rational arguments that seemed plausible to me. However, I'm no tax expert.
I am impressed, nevertheless, with a man who will stand for his principles. He's convinced that the IRS is unconstitutional and appears ready to die to bring attention to his cause.
No. That's your answer. The answer that you (and I), no matter how ridiculous the tax code is, are willing to accept. This old coot may be crazy, be he can see that the emperor has no clothes and is willing to say it.
Oh! Perhaps Arthur Anderson and Co. should straighten out the tax code. Hm?
The "law" does not say that income tax is voluntary. IRS policy says that the assessment of one's income is voluntary.
In this context "voluntary" distinguishes the working up of your own tax return from the sort of tax assessing we see in the Robin Hood movies, where the sheriff's man kicks in the door, goes through all the belongings in the house, calculates the tax liability on his own, and on his way out grabs up the family silverware or a sheep as payment.
Despite the use of the word "voluntary" to describe the self-reporting system, the courts have repeatedly and consistently said that the income tax is not optional.
As for Chapman's purported question, that was answered quite some time ago. Back in 1983, tax dodger and occasional prison inmate Irwin Schiff appeared on network TV and challenged anyone to show him where the Internal Revenue Code "says an individual is required to file a tax return, I will pay them one hundred thousand dollars."
Very promptly, lawyer John Newman, in St. Louis, dashed off a letter to Schiff citing 26 USC sec. 6012 - - which says that "Returns with respect to income taxes ... shall be made by ... every individual having for the taxable year gross income which equals or exceeds the exemption amount .... [exceptions are then listed]" - - and asking for the $100,000 reward. Schiff welched on the deal. Newman sued. Schiff admitted in court that Newman has cited the correct section of the law which met his challenge, but claimed he had rescinded the offer as soon as he was off the air.
See Newman v. Schiff (8th Cir. 1985) 778 F.2d 460.
I agree. Hell probably pop a Twinkie, just before deaths door. I also agree with getting people elected that will reform the tax code for utility to the gov't and fairness to the payer. But the people that do that won't be us. It will take a character, like him to make the change, as did Howard Jarvis in CA.
The rest of us just make remarks on how beautiful are the Emperors New Clothes.
It is not the job of the IRS to point out logical fallacies to nutcases. I'm certainly not an IRS fan, but this guy makes real reformers look silly by association.
Come to San Francisco. There's a guy who walks around town who believes that the last six U.S. Presidents are part of an alien conspiracy, and is willing to die for his cause.
Come to Santa Cruz. There's a guy who believes that Stephen King had John Lennon assasinated and is willing to die for his cause.
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