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Net censorship? Tax activist's streaming broadcast knocked off air
WorldNetDaily.com ^ | Thursday, January 16, 2003 | By Diana Lynne

Posted on 01/16/2003 9:13:51 AM PST by JohnHuang2

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To: citizenx7

There is NO authority in the constitution for unlimited ability to tax, given to the congress.

PACIFIC INS. CO. v. SOULE, 74 U.S. 433 (1868),7 Wall. 433

Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • However,

    MCCRAY v. U S, 195 U.S. 27 (1904)

    The scope of taxation is that inherent in paying the bills under all circumances, enumerated in Article 1 Section 8 as limited by the people in their roll of the electorate:

    Constitution for the United States of America:

     

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


    Please explain how the any limits of the Constitution are currently being exceeded by the income tax law. Schulz and company nor you for that matter has made the case.

    81 posted on 01/18/2003 6:15:12 PM PST by ancient_geezer
    [ Post Reply | Private Reply | To 79 | View Replies]

    To: citizenx7

    Now, I don't mean to say that they haven't reached outside the 'box' that their powers are inside, to take powers they don't have. Obviously, they have.

    You say so, yet you have yet to make your case that they have done so as regards the Income Tax Law.

    Obviously, that is the point of contention.

    Government officials overeach everyday. That is a point of contention. That has nothing to do with the basic legality and constitutionality of the Income Tax Law in Title 26.

    You may want to make it so, but you have yet to make the case regardless of any bad conduct regarding individual officials in elective or appointed office.

    Schulz, declares the Income Tax law to be illegal and unconstitutional. That is his issue, misconduct of officials is a sidetrack that can only be addressed on an individual by individual basis in the courts or by impeachment proceeding in the Congress, or electoral process as the case may require on an individual by individual basis.

    So not what you so grandly declare as your "point of contention," is not what the Shulz & Company announced reason for grievence is.

    82 posted on 01/18/2003 6:25:22 PM PST by ancient_geezer
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    To: Poohbah
    I'm familiar with that, everyone is. I was referring to a webcast that will allow I believe its up to one and a half Million to tune in at once!
    83 posted on 01/18/2003 7:00:00 PM PST by citizenx7 (Question authority!)
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    To: citizenx7

    .Let me put a sharper point on this.

    Whiskey was the trade goods of those "individual" farmers, and was the only money in any real sense readily available to them with which to conduct commerce. That is why they traded in whiskey and not feed stocks such as corn.

    If Washington had tried to collect a income tax on the sale of that whiskey, he would have been run out of town!

    No tax on whiskey, what do you think an excise is? The label is irrelavent, it is a tax on activity or event, and the tax comes from the proceeds of trade and exchange (i.e)sales.

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

    BROMLEY v. MCCAUGHN, 280 U.S. 124 (1929)

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

    Furthermore those individual from whom the tax was collected rebelled , and Washington called down the militia as Commander in Chief :

    provide for calling forth the Militia to execute the Laws of the Union
    Article I Section 8

    With full authority of the Consitution to back him up:

    Constitution for the United States of America:


    "The enumeration in the Constitution, of certain rights, shall not be construed to deny of disparage others retained by the people." -- Amendment 9

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. -- Amendment X

    The power to tax is an enumerated power, to lay a duty or exises is subject only to the rule of uniformity as envisioned by the authors of the Constitution:

    Constitution for the United States of America:

    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.

    James Madison, Federalist #39:

     


    The individual income tax is an excise or duty to which the individual citizen is subject,

    wherein is the limit of the Federal government other than that clearly stated by the courts:

    PACIFIC INS. CO. v. SOULE, 74 U.S. 433 (1868),7 Wall. 433

    MCCRAY v. U S, 195 U.S. 27 (1904)


    84 posted on 01/18/2003 7:25:17 PM PST by ancient_geezer
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    To: ancient_geezer
    I am not the ultimate Constitutional authority, you will have to give me some time to research some of the issues. I do have a lot to say about some of the things you are stating as fact.

    For instance: "Government officials overeach everyday. That is a point of contention. That has nothing to do with the basic legality and constitutionality of the Income Tax Law in Title 26."

    Well, often it does! A lot of government officials are 'overreaching' their authority every day, and it is in reference to Title 26 issues! You have yet to comment on my earlier reference to using ATF authority on constitutional excise taxes, to punish citizens said to be in violation of the income tax laws! That is very germain.
    It happens every day. And official representatives of our government, backed up by their supervisors, and often backed up by a judge somewhere - if it ever goes that far, all gang up on a citizen of our beloved nation, to shake him down. THAT is a scam my friend. Now, we are talking real, down to earth scam and fraud. Don't you think that should be discussed on a higher level, perhaps as a part of a Petition for Redress? Or, do we just HAVE to determine this on a one to one basis, with NO help from most courts? It is possible to go on and on with these abuses Geezer. But rather than my trying to recount them, why don't you just look at the actual record of the Truth in Taxation Hearings in Washington. Here the questions are asked, and answered - under oath! Experts from all fields, including foresic accountants, CPA's, lawyers and former IRS employees answered the questions for all to see. The record is made. I think that the record is clear. And since the present group of government employees, are unwilling to come forward, and answer the questions, as the experts have. Whether with new, as yet undiscovered material that has been somehow overlooked, or not. Then, we are going to have to come to the conclusion that they don't have any satisfactory answer.

    For inspite of your oft stated conclusion that the questions have been answered (many times..), they really haven't been answered completely and honestly, yet!
    85 posted on 01/18/2003 7:46:07 PM PST by citizenx7 (Question authority!)
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    To: citizenx7

    Through the process of precedent, one justice following the lead of their predecessor, we have arrived at this point.

    Under the Judicial Authority of Article III of the Constitution.

    My point would be that we, and that includes all the American people had better see about realigning our case law, with the reality of the Constitution.

     

    Constitution for the United States of America:

    That shouldn't be that difficult to relate to, especially on the Free Republic website. That's the only real point I am trying to make.

    And of course, one can't do that without risk.

    Sure you can, pay the income tax, that is indeed constitutional, work for its repeal and replacement through the constitutional routes provided. The Congress and petition to Congess for redress of grievence. Work to force the change through the electorate process.

    There are a lot of risks, living in this world, I would say a lot more than we would have, if our government were carefully following every dot and line of our Constitution. I think that is what we all want for our families, for our grandchildren.

    Certainly, but advocating violation of the rule of law, where the law in question is clearly within the authority of Congress to enact and the authority of the Executive to administer and enforce, is not upholding or protecting the Constitution nor providing for the blessings of liberty for our Prosterity.

    Advocating the violation of law is merely the promotion of anarchy.

    I know, as a veteran, that is what I want, and what I will continue to fight for.

    As veterans, you and I both took an oath to protect and defend the Constitution.

    First: The Income tax is law under that constitution whether we like the particular law or not. Encouraging its violation by mistatement and misrepresentation of the law is not the way to "protect and defend", it is the way to undermine which is the basis of my rejection of Mr. Schulz and his backers message.

    Second: I do not believe that the best way to go after repeal of an income tax, to be Federal Property taxes and Tariffs as Schulz & company advocate.

    Third: I do believe the best way to get rid of the income tax and the IRS, is to address the issue to CONGRESS who have the power and authority to change the law and are responsible for the Income and Payroll tax laws the IRS merely administrates under Congress oversight and concurrence. Congess, not the minions and bureaucrats, adn the people are the Principles in this fight.

    Schulz & Company ("We The People") miss the point on all three in my estimation and do not warrant my or anyone's support until they change there message, and target.

    86 posted on 01/18/2003 7:52:09 PM PST by ancient_geezer
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    To: citizenx7

    A lot of government officials are 'overreaching' their authority every day, and it is in reference to Title 26 issues!

    That is the claim, however, misfeasance and malfeasence of an official does not make a LAW, unconstituitional. The officials in their personal capacities are indeed subject to the same standards of conduct and of trial under indictment as any other citizen.

    Establish the criminal or civil case for malfeasence, fraud, or any number of other criminal and civil abuses to the except standard of proof in the courtroom and justice will be done. Or is it that you are demanding that some persons should not have equal protection of the law?

    You have a problem with the IRS as an agency of the government or the administration of that law, your recourse is get Congress to change the agency. Failing that then work to get a Congress that will.

    You have a problem with the law, work for it's repeal through lawful means and holding those who have the authority to make such change responsible to the change demanded.


    Schulz & Company is doing very little of any of the above, and is in fact addressing the wrong culprits. Congress and holding Congress accountable should be the focus. Not the IRS or the Courts who are merely applying the law written by Congress. To change the behavior of either merely requires a responsive change in the law by Congress to accomplish the desired end. Neither the IRS nor the Courts will respond in the manner you wish without the move by Congress.

    87 posted on 01/18/2003 8:09:24 PM PST by ancient_geezer
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    To: citizenx7

    For inspite of your oft stated conclusion that the questions have been answered (many times..), they really haven't been answered completely and honestly, yet!

    Only in your estimation. You may not like the answers, but liking the answer given is not a reasonable expectation.

    Again if you don't like the answers, Congress is the one to address not their minions:

    Answers have been clear as a bell for the last 200 years, just TP'rs don't like the answer does not in anyway invalidate them.

    Answers from the Founders:

    Patrick Henry, Virginia Ratifying Convention June 12, 1788:

    Alexander Hamilton, Federalist #12:

    James Madison, Elliots Debates Vol 3 p128:

    James Madison, Federalist #39:

    James Madison, Federalist #45:

    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.

    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.

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

    COMPENSATION
    , contracts. A reward for services rendered.

    Constitution for the United States of America:

    Consideration received in exchange for labor or product is commerce, subject to an indirect tax.


    Answers from the Supreme Court:

    Hylton v. United States(1796), 3 U.S. 171

  • "A general power is given to Congress, to lay and collect taxes, of every kind or nature, without any restraint, except only on exports; but two rules are prescribed for their government, namely, uniformity and apportionment: Three kinds of taxes, to wit, duties, imposts, and excises by the first rule, and capitation, or other direct taxes, by the second rule. "
  • "the present Constitution was particularly intended to affect individuals, and not states, except in particular cases specified: And this is the leading distinction between the articles of Confederation and the present Constitution."
  • "Uniformity is an instant operation on individuals, without the intervention of assessments, or any regard to states,"
  • "[T]he DIRECT TAXES contemplated by the Constitution, are only two, to wit, A CAPITATION OR POLL TAX, simply, without regard to property, profession, or any other circumstance; and a tax on LAND."
  • 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."
  • "[W]henever the government has imposed a tax which it recognized as a direct tax, it has never been applied to any objects but real estate and slaves."
  •  

    Pollock v. Farmers' Loan and Trust Company, 157 U.S. 429 (1895)

    POLLOCK v. FARMERS' LOAN & TRUST CO., 158 U.S. 601 (1895):

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

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

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

    STANTON v. BALTIC MINING CO, 240 U.S. 103 (1916)


    Answers from the Congress:

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


    Answers from the Treasury Department & IRS:

    26 CFR 1.1-1(a),(b)

    Sec. 1.1-1 Income tax on individuals.

    (a) General rule. (1) Section 1 of the Code imposes an income tax on
    the income of every individual who is a citizen or resident of the
    United States
    and, to the extent provided by section 871(b) or 877(b),
    on the income of a nonresident alien individual.

    (b) Citizens or residents of the United States liable to tax. In
    general, all citizens of the United States, wherever resident, and all
    resident alien individuals are liable to the income taxes imposed by the
    Code whether the income is received from sources within or without the United States
    .

    FRIVOLOUS FILING POSITION BASED ON SECTION 861

    NonFiler Enforcement Program


    Answers from the Department of Justice & Jurys:

    DEP'T OF JUSTICE CRIMINAL TAX MANUAL, TAX PROTESTERS.

    http://www.usdoj.gov/usao/nce/Press/kotm~s11.htm ain't search engines wonderful??

    CONTACT: 919/856-4530

    FOR IMMEDIATE RELEASE:

    Friday - February 4, 2000

    RALEIGH - United States Attorney Janice McKenzie Cole announced that EDWARD L. KOTMAIR, 41, of Westminster, Maryland, was sentenced in federal court here on Thursday, February 3, 2000, for failure to file federal income tax returns. Chief U. S. District Judge Terrence W. Boyle imposed a sentence of 27 months imprisonment and a supervised release term of one year.

    Following a three-day jury trial in September, 1999, KOTMAIR was convicted of failing to file federal income tax returns for the years 1990, 1991, and 1992. During those years, he operated his own carpentry business, Commercial Installers, located in Cary, N. C. His company earned income of approximately 1.7 million dollars during the three-year period. Some of KOTMAIR's income came from the United States Government while he did subcontracting work on the Library of Congress and a Federal Deposit Insurance Corporation building in Washington, D. C. KOTMAIR was arrested in September, 1998, and has remained in federal custody since that time.

    During his trial, KOTMAIR attempted to convince the jury that he did not believe he was required to pay income taxes. The jury rejected his argument and found him guilty on all three counts of the indictment. KOTMAIR is a member of Save-A-Patriot Fellowship, a tax protest organization located in Westminster, Maryland. The group, which was founded by KOTMAIR's father, John B. Kotmair, states that U. S. citizens living and working in the United States are not required to pay income taxes. The elder Kotmair was convicted of failure to file federal income tax returns in the early 1980's and served a prison term. Other members of Save-A-Patriot Fellowship, including close associates of KOTMAIR, also have been convicted of income tax charges and sentenced to prison.

    According to U. S. Attorney Cole, federal courts and juries have consistently rejected the arguments of "tax protest" organizations, including the Save-A-Patriot Fellowship, and have upheld the income tax laws and their applicability to everyone.

    Investigation of the case was conducted by the Criminal Investigation Division of the Internal Revenue Service.


    Answers from the Legal Community:

    The Tax Protestor FAQ

    Quatloo's Tax Protestor Gallery

    Government has met its burden and answered the relavent questions as regards the income tax, officially and repeatedly.

    It seems me Schulz & Company are more interested in media events for their own agrandizement (promotion of pocket book and political agendas) than listening or looking for real answers.

    Change will only come from holding Congress' feet to the fire for any well defined goal. Spacious and unfocused pronouncements such as those of Schulz and those behind them do not meet any standard for expectation of real changes in the offing.

    88 posted on 01/18/2003 8:16:56 PM PST by ancient_geezer
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