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Posted on 01/16/2003 9:13:51 AM PST by JohnHuang2
JimRob pays for all of the bandwidth he uses; Schulz doesn't.
This isn't "the government," it's really annoyed backbone network admins who weren't expecting Schulz to inject that much traffic.
Taking your wife to McDonald's instead of Outback.
The income tax is, sad to say, constitutional. It is an exceptionally foolish way of raising necessary revenues. However, foolish and stupid laws are not a priori in violation of the Constitution--preventing their passage or getting them repealed is OUR lookout as citizens.
Yes I do.
This carny barker is going to end up in court swearing he was merely distributing his "tax advice" for "entertainment purposes".
Won't make any difference if he provides direct aid for someone to act on.
From the Department of Justice Criminal Tax Manual
26 USC 7206(2) makes it a felony to:
Willfully aid[] or assist[] in . . . the preparation or presentation under . . . the internal revenue laws . . . of a return . . . which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return . . . .
This statute is known as the Internal Revenue Code's aiding and abetting provision, and applies not only to tax return preparers but to anyone who causes a false return to be filed. United States v. Sassak, 881 F.2d 276, 277-78 (6th Cir. 1989); United States v. Hooks, 848 F.2d 785, 789 (7th Cir. 1988); United States v. Williams, 644 F.2d 696, 701 (8th Cir.), cert. denied, 454 U.S. 841 (1981).
[skipping some]
For example, in United States v. Causey, 835 F.2d 1289, 1292 (9th Cir. 1987), the Ninth Circuit upheld the conviction of the defendant for causing 18 individuals to file false tax returns claiming refunds, in violation of 18 U.S.C. §§ 287 and 2. The defendant argued that the government failed to establish that the persons actually submitting the false claims knew they were false. The Ninth Circuit distinguished the two subsections of 18 U.S.C. § 2 and found that under subsection 2(b) a person "may be guilty of causing a false claim to be presented to the United States even though he or she uses an innocent intermediary to actually pass on the claim to the United States." 835 F.2d at 1292.
The court then held that in a section 2 prosecution for violation of section 287, the government does not need to allege or prove that the person actually submitting the claims knew them to be false. Id.
Tax protestors who cause third parties to prepare and file false returns may be charged under 26 U.S.C. § 7206(2). See United States v. Holecek, 739 F.2d 331 (8th Cir. 1984), cert. denied, 469 U.S. 1218 (1985) (return preparation); United States v. Kellogg, 955 F.2d 1244, 1249 (9th Cir. 1992) (defendant assisted in preparation of returns filed by others); United States v. Condo, 741 F.2d 238, 240 (9th Cir. 1984), cert. denied, 469 U.S. 1164 (1985) (preparation and mailing of false Forms W-4); United States v. Erickson, 676 F.2d 408 (10th Cir.), cert. denied, 459 U.S. 853 (1982).
Providing advice and material to taxpayers, who in turn file false returns, is sufficient to sustain a section 7206(2) conviction. See United States v. Kelley, 769 F.2d 215 (4th Cir. 1985). In Kelley, the defendant argued that he could not be lawfully convicted of violating section 7206(2) because "he . . . did not actually participate in the preparation of any of the forms [Forms W-4] but only gave advice that his listeners were free to accept or reject." Kelley, 769 F.2d at 217. Rejecting this argument, the court said:
The contention ignores reality, for he did participate in the preparation of the forms. He told the listeners what to do and how to prepare the forms. He did so with the intention that his advice be accepted, and the fact that the members paid him for the advice and promised assistance warranted an inference of an expectation that the advice would be followed. Moreover, he actually supplied forms and materials to be filed with W-4 forms. He did not take his pen in his hand to complete the forms, but his participation in their preparation was as real as if he had.
If they wouldn't have dumped his first attempt at the 'cast, then they wouldn't have run into bandwidth problems when users started multiple download threads.
So, you think the government just did that without any input from the citizenry?
Yes I do.
Takes two to tango my friend:
Sir Alex Fraser Tytler (1742-1813). Scottish jurist and historian:
"A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largess from the public treasury. From that time on the majority always votes for the candidates promising the most benefits from the public treasury, with the results that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.
To remove taxation of the individual, is to remove the goad which assures accountability of government to the electorate. Federal tax rates are high because a majority of the electorate do not share proportionately in the burden their demand for largesse imposes on the minority of citizens.
The siren call for representation without taxation is the formula that got us where we are at today. The ability to hide or disguise taxation from the view of large sectors of the electorate allows the Congress to get away with the creation of the evergrowing monster that it fosters.
A government which robs Peter to pay Paul can always depend on the support of Paul.
-George Bernard Shaw
Liberty and freedom have a price, responsibility. If that price is avoided there are no brakes on the growth of government, the ultimate result is the end of freedom through creeping socialism.
The Honorable James DeMint (R-SC)
United States House of Representatives
THURSDAY, APRIL 5, 2001
12:00 noon"There has been a shift in the relationship between individuals and government, he argues, such that fewer and fewer are paying taxes at the same time that more and more are receiving increasingly generous benefits. If it becomes the case that most voters do not bear a financial burden for this largess, then there will be little to restrain--and significant political incentives to encourage--the continued growth of government. And at that point, DeMint warns, we have reached a major crisis in our democracy."
Milton Friedman as quoted by Northwest Florida Daily News, 10-16-2000:
Walter Williams, World Net Daily, 10-25-2000
According to the most recent U.S. Treasury Department figures, in 1997 the top 1 percent of income-earners (those with income of $250,000 and higher) paid 33 percent of all federal income taxes. The top 5 percent of income-earners ($108,000 and over) paid 52 percent, and the top 50 percent ($36,000 and over) paid 96 percent of income taxes. Guess what the bottom 50 percent of income earners paid?
If you're among those who pay little or no federal income taxes, what do you care about tax cuts? Moreover, if you think tax cuts pose a threat to government handout programs, you might be openly hostile and support Al Gore's silly "risky scheme" talk. So many Americans paying little or no federal taxes makes for a natural spending constituency. It's like me in the restaurant: What do I care about extravagance if you're footing the bill?
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its obvious the Bush apologists are in full swing here doing their fair share to disuade the sheeple from freeing themselves from the IRS thugs.
The Constitutional way for the people to free themselves of the IRS, income tax, payroll taxes and gift/estate taxes.
Keyes on Taxes & Government Spending:
- "The income tax in effect makes us vassals to the government – the politicians decide how much income we can keep. No mere “reform” of this slave tax, such as flattening the rate, can correct its fundamental denial of control over our own money. Only the abolition of the income tax itself will restore the basic American principle that our income is both our own money and our own private business - not the government's."
- "Replacing the income tax with a national sales tax would rejuvenate independence and responsibility in our citizens. True economic liberty and moral revival go hand in hand."
- "A national sales tax would also put the American citizen back in control of national fiscal policy. The best way to curtail government spending is to cut taxes, because they can’t spend what they don’t get. But with a sales tax, we could deny funds to a spendthrift government – and give ourselves a tax cut – whenever we make the private choice to alter our spending and saving habits."
John Linder (R Texas) offers a comprehensive bill to kill all income and payroll taxes outright, and provide a proper replacement:
H.R.2525
SPONSOR: Rep Linder, John (introduced 07/17/2001)
A bill to promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States.
Refer: http://www.fairtax.org & http://www.salestax.org
See Also: Fairtax FAQ (NSBU)
Other bills, moving in the proper direction are:
To get the ball rolling and focus Congress Critter's attention:
H.R.2714
Sponsor: Rep Largent, Steve(introduced 8/2/2001)
Title: To terminate the Internal Revenue Code of 1986.
A bill to prohibit he imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2005.
To sunset some agencies we don't need and rein in their expenditures:
H.R.2373
Sponsor: Rep Brady, Kevin(introduced 6/28/2001)
Title: To provide for the periodic review of the efficiency and public need for Federal agencies, to establish a Commission for the purpose of reviewing the efficiency and public need of such agencies, and to provide for the abolishment of agencies for which a public need does not exist.
Modification then enact and ratify:
H.J.RES.45
Sponsor: (introduced 4/25/2001)
Latest Major Action: 5/9/2001 Referred to House subcommitte.
Title: Proposing an amendment to the Constitution of the United States relative to abolishing personal income, estate, and gift taxes and prohibiting the Untied States Government from engaging in the business in competition with its citizens.
(Modified to prohibit all income, payroll, gift estate taxes as HR2525 calls for, or we will see European VAT style hidden taxes along with payroll excises to take over in the place of the of the current individual income tax(i.e. personal income tax) that Ron Paul amendment prohibits.)
And to keep em reminded that there is indeed a Constitution to pay attention to:
H.R.175
Sponsor: (introduced 1/3/2001)
Latest Major Action: 2/12/2001 Referred to House subcommittee
Title: To require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.
Your beef is with Congress, not the IRS.
If the IRS were interpreting the tax code in a manner contrary to that wished by Congress, Congress would use its power of the purse to correct the IRS. They haven't.
The idea that, if you just manage to find the right magical incantation, the Internal Revenue Code won't apply to you, is a particularly silly one.
That's one of the reasons more and more serious consideration is being given to replacing the income tax as the chief source of federal revenue with another tax, like a national sales tax. I have a feeling enforcement of the income tax is becoming harder and harder.
But, it will take hard work.
Nobody has ever said it will be easy. It's up to the people to select virtuous representatives in a Republic; "Eternal Vigilence", slack off and the consequence for lack of electorate virtue is automatic and certain. Such is inherent to the functioning of a Republic.
Sir Alex Fraser Tytler (1742-1813). Scottish jurist and historian:
"A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largess from the public treasury. From that time on the majority always votes for the candidates promising the most benefits from the public treasury, with the results that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.
McCulloch v. Maryland, 17 U.S. 316 (1819)
- "The power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the Government may choose to carry it. The only security against the abuse of this power is found in the structure of the Government itself. In imposing a tax, the legislature acts upon its constituents. This is, in general, a sufficient security against erroneous and oppressive taxation."
Springer v. United States(1880), 102 U.S. 586
"If the laws here in question involved any wrong or unnecessary harshness, it was for Congress, or the people who make congresses, to see that the evil was corrected.
The remedy does not lie with the judicial branch of the government."Champion v. Ames(1903), 186 U.S. 321
- 'But if what Congress does is within the limits of its power, and is simply unwise or injurious, the remedy is that suggested by Chief Justice Marshall in Gibbons v. Ogden [21 US 1, 9 Wheat. 1, 6 L. ed. 23], when [195 U.S. 27, 56] he said: 'The wisdom and the discretion of Congress, their identity with the people, and the influence which their constituents possess at elections, are, in this, as in many other instances, as that, for example, of declaring war, the sole restraints on which they have relied, to secure them from its abuse. They are the restraints on which the people must often rely solely, in all representative governments."
If one expects the Courts or any department of government to do the people's job, he is barking up the wrong tree.
PACIFIC INS. CO. v. SOULE, 74 U.S. 433 (1868),7 Wall. 433
- "Congress may prescribe the basis, fix the rates, and require payment as it may deem proper. Within the limits of the Constitution it is supreme in its action. No power of supervision or control is lodged in either of the other departments of the government."
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