Posted on 06/18/2002 7:35:22 AM PDT by 1Old Pro
OOOOOOOhhhh---- I like it. Only those who pay (support) the government, get to vote. Gee!! Didn't we have something like this at one point - you know? - only land-owners (tax payers) could vote? After seeing what's been done since that policy changed (and, yes, I'm including women's sufferage here), I'd be perfectly willing to return to this policy.
What you posted and what I posted do not conflict. What I said was that 861 et.seq. lay out how you determine the source of income (i.e., whether it is US-source or foreign-source). It has to do with how such income is taxed, not whether such income is taxable.The general rule on what constitutes income is in section 61 of the code, which provides that, "Except as otherwise provided in this subtitle [the federal income tax law], gross income means all income from whatever source derived . . . " I don't think there's a lot of ambiguity there!
Surely you've seen the point made that words don't always mean what they appear to mean in legalese. For instance, 26 USC § 5841 provides:
"[t]he Secretary [of the Treasury] shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States."
The meaning of the term "firearm" is set forth in 26 USC § 5845(a) so as to exclude most rifles and handguns, but as to include silencers which most normal people wouldn't consider to be a "firearm."
The scope of the term "all firearms" is limited by the legal definition of the term "firearm" in section 5845(a). If they busted you for possession of an unregistered Enfield No. 4 Mk I under section 5841, you would be acquitted immediately because the Enfield is not a "firearm" for the purposes of this law.
Just because Section 61 says "from whatever source derived" doesn't mean that the meaning of the term "source" for the purposes of the income tax is any more broad than is set forth in Section 861 et seq., just as the use of the term "all firearms" doesn't mean that the meaning of the term "firearms" for the purposes of Chapter 53 is any more broad than set forth in section 5845(a).
This is the same thing that I thought, but it won't work because power hungry politicians and bankers would rather incarcerate every taxpayer, watch the county colapse around them, and rule over the ashes. I predict that he and his followers will spend many years behind bars, but I pray that I'm wrong.
Determination of taxable income. The taxpayer's taxable income from sources within or without the United States will be determined under the rules of Secs. 1.861-8 through 1.861-14T for determining taxable income from sources within the United States." [26 CFR § 1.863-1(c)]
One of the problems with the American republic (to paraphrase Tom Lehrer's joke about the Army), is that it has not only abolished discrimination based on race, creed, and color, but also discrimination based on ability.
This is the same thing that I thought, but it won't work because power hungry politicians and bankers would rather incarcerate every taxpayer, watch the county colapse around them, and rule over the ashes. I predict that he and his followers will spend many years behind bars, but I pray that I'm wrong.
You made a very important identification yet maybe I should point it out so that we know we're both on the same page, so to speak.
The part I highlighted in bold is that politicians and bureaucrats have no real power for real power is earned by those that create and or produce products and services that sustain, maintain, enhance and increase prosperity for self, family and society. That real power has always resided in the business and science arena.
That is their Achilles heel -- they have no real power. They can't afford to let the country collapse around them because they'd perish. When people figure out that fatal flaw/weakness it will collapse their house of cards on top of them.
Parasitical Elite vs. Prosperity Creators
If civilization had to chose between business/science and government/bureaucracy, eliminating the other, which is the better choice?
The first thing civilization must have is business/science. It's what the family needs so that its members can live creative, productive, happy lives. Business/science can survive, even thrive without government/bureaucracy.
Government/bureaucracy cannot survive without business/science. In general, business/science and family is the host and government/bureaucracy is a parasite.
Aside from that, keep valid government services that protect individual rights and property. Military defense, FBI, CIA, police and courts. With the rest of government striped away those few valid services would be several fold more efficient and effective than they are today.
Underwriters Laboratory is a private sector business that has to compete in a capitalist market. Underwriters laboratory is a good example of success where government fails.
Any government agency that is a value to the people and society could better serve the people by being in the private sector where competition demands maximum performance.
Wake up! They are the parasites. We are the host. We don't need them. They need us.
How about if they just give me $20 and I'll keep my nose clean? Win-win, right?
Now, maybe the hundreds of court decisions (and the accompanying judges) are in error... but it is clear that we've got to pay if we want to retain our freedom.
Actually, in this case it does. You don't even have to resort to legalese. Using the basic rules of logic and English syntax, the general rule in section 61 says that "[e]xcept as otherwise provided" all income "from whatever source" constitutues gross income. Section 861 "otherwise provides" so you can tell what treatment applies to income that comes from US sources and that which comes from non-US sources. Courts haven't had a problem figuring this out.
Not that it really matters all that much anyway, since the US uses a worldwide rather than a territorial income tax. All US taxpayers are subject to tax on their worldwide income. Why do you think companies like Ingersoll-Rand carried out inversion transactions? This process turns them into foreign corporations and allows them to escape US taxation on their non-US income.
My opologies. The quote I attributed to Brushaber is actually found in the following Supreme Court Case -- a case that followed Brushaber and made reference to its precedence.
Stanton V. Baltic Mining Co 240 U.S. 103 (1916) by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged, and being placed [240 U.S. 103, 113] in the category of direct taxation subject to apportionment....
The Stanton case was resolved based on Brushaber, which only allowed individual income tax on foreign income. Go back and read all of Brushaber and you will see that his domestic income was not taxable.
Gee whiz! Do you people believe everything you read?
Gee whiz! Are you going to disbelieve everything you read -- especially if it doesn't conform to your pre-exisiting mental model?
BTW, it wasn't only the Supreme Court who said this, but United States Treasury Decision 2303 used the same language about the 16th Amendment conferring no new power of taxation. Look it up!
Now what you say?
You and me both, KY girl! I'd give up the franchise in a NY minute if by so doing I could disenfranchise all those soccer mommies who voted for Klintoon!
Clear to everyone. Even "Hungry" Bob. He knows he'll serve time for this... but he'll sell more kits with the publicity.
I'm all for eliminating the income tax, the IRS, withholding, and the entire income tax code. But the fact remains that if you don't pay your income taxes then you subject yourself to legal jeopardy - possibly losing your freedom.
I wish Bob luck! I just choose to follow a different path toward eliminating the above abominations.
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