Posted on 05/20/2003 11:04:46 PM PDT by CIBvet
He says he's entered the "death zone" – that period when he expects to succumb to the effects of his multi-week hunger protest.
Thirty-six-year-old Gene Chapman hasn't eaten since tax day, April 15. The Texas man, who early on spent hours each day sitting across the street from the Austin IRS office, vows to die of starvation unless he receives what he considers an adequate answer to one question: "Where is my tax liability in the law?"
Gene Chapman
On his blog, Chapman says he has lost about 50 pounds: "I have lost a lot of weight. I could kick off anytime – who knows?"
Chapman's hunger strike follows that of Rose Lear, a Michigan woman who fasted for 29 days this spring. She was demanding answers to 537 questions included in a petition for redress of grievances sponsored by the organization We the People. The questions concern the "tax honesty" movement's contention that the federal government lacks any legal jurisdiction to enforce the income tax, that there is no law that requires Americans to pay the tax, and that the tax is enforced in a manner that violates the U.S. Constitution.
Last week, Chapman received a letter from the Internal Revenue Service.
"I think this letter from the IRS is pretty well empty," Chapman said, saying it didn't provide him the legal answer he seeks. "It's just a bunch of doublespeak and jabberwocky."
According to the blog, many followers of Chapman's fast have contacted the office of Rep. Michael Burgess, R-Texas, Chapman's representative, asking that his question be answered. Chapman says Burgess' staff has been "stonewalling" him.
On Friday, Chapman said on his blog: "We haven't been in contact with Congressman Burgess' office anymore. I've pretty well given up on him. I encourage everyone in the 26th District to make sure they don't vote for him next time around because of this stonewalling episode that is clearly going on in his office."
Chapman says he now is spending between 22 and 23 hours a day in bed due to his lack of energy.
"Barring me falling down dead from a heart failure from the 50-pound weight loss in 30 days," Chapman said Sunday, "I've got another two or three weeks left before I would expect to not be able to go on with life. Beginning of June or so – that's probably going to be all I've got left in me. We are definitely in the death zone."
Bob Schulz, head of We the People, who himself endured a similar hunger strike two years ago, responded to the letter Chapman received from the IRS:
"The carefully worded deceptions in the responses are worth noting for the record given that a man is about to die to get his single question about U.S. tax law answered," Schulz wrote. "The most glaring problem with the IRS response is that, once again, IRS fails to cite any specific law that actually makes Gene Chapman, or anyone, liable to pay the tax."
Sen. George V. Voinovich, R-Ohio, sponsored an amendment to the U.S. Senate version of the tax-cut bill passed last week that would create a blue-ribbon commission to make recommendations to Congress on how to make comprehensive changes to the federal income tax. system.
"Throughout the debate on the stimulus package I have become increasingly convinced of the need for overall tax reform. We need a tax code that is simple, fair and honest and this amendment starts that process. It's long overdue," Voinovich said in a statement.
Chapman says if the commission in fact is created, it would be "grounds to stop the fast" and that it could be a means to "keep their feet to the fire."
I'm not going to debate strawman arguments.
The Lord will determine my time and place of death, not you.
Some of us don't think starving yourself to death is an appropriate mechanism to get things done, and you would sit there and act as if we are 'unpatriotic' because we don't subscribe to it. You're being ridiculous.
It's when we start funding all sorts of ridiculous things that it becomes burdensome and excessive.
Sometimes these threads degenerate into sheer madness.
Right, nobody will pay any taxes, we won't have any government at all then. We'll dissolve into anarchy, just like the Constitution called for. Sheesh.
"Drink the Kool Aid, if you don't you are going to Hell!"
United States Code, Title 26, Subtitle A, Chapter 1, Subchapter A, Part I, Section 1.
Some of us don't think starving yourself to death is an appropriate mechanism to get things done, and you would sit there and act as if we are 'unpatriotic' because we don't subscribe to it. You're being ridiculous.
I cannot see why you wrote the first sentence. I said and inferred nothing at all like that. As far as "appropriate mechanism to get things done", is this your personal opinion or are you basing your statement on something more universal? If one person holds a particular opinion, and others hold that same opinion, does this make the opinion more valid? If so, why?
I haven't been able to search your reference.
Here you go, the government (i.e. Courts & IRS) was kind enough to provide the answer for you.
I simply added a few hyperlinks to get you to the referenced code sections.
United States v. Melton, No. 94-5535 (4th Cir. 1996)
ARGUED: Lowell Harrison Becraft, Jr.[one of Schulz & Co. legal beagles], Huntsville, Alabama, for Appellants.The jury heard not only the United States's evidence against the Meltons, but also the brothers' defense that they believed they were not "persons liable" for federal income tax. The jury rejected the excuse, however, and convicted them on nearly all counts.
- [Subtitle A] "Section 1 of the Internal Revenue Code imposes a federal tax on the taxable income of every individual.
26 U.S.C. s 1."
- [Subtitle A] "Section 63 defines "taxable income" as gross income minus allowable deductions."
26 U.S.C. s 63.
- [Subtitle A] Section 61 states that "gross income means all income from whatever source derived," including compensation for services.
26 U.S.C. s 61.
- [Subtitle F] Sections 6001 and 6011 provide that a person must keep records and file a tax return for any tax for which he is liable.
26 U.S.C. ss 6001
26 U.S.C. ss 6011.
- Finally, section 6012 provides that every individual having gross income that equals or exceeds the exemption amount in a taxable year shall file an income tax return.
26 U.S.C. s 6012.The duty to pay federal income taxes therefore is "manifest on the face of the statutes, without any resort to IRS rules, forms or regulations." United States v. Bowers, 920 F.2d 220, 222 (4th Cir.1990). The rarely recognized proposition that, "where the law is vague or highly debatable, a defendant--actually or imputedly--lacks the requisite intent to violate it," Mallas, 762 F.2d at 363 (quoting United States v. Critzer, 498 F.2d 1160, 1162 (4th Cir.1974)), simply does not apply here.
Each Melton brother had gross income in excess of the amount requiring the filing of a return in each of the years at issue. Therefore, each was a "person liable."
26 USC 7805(a) Rules and regulations
(a) Authorization - … the Secretary [of the Treasury] shall prescribe all needful rules and regulations for the enforcement of this title [Title 26]…" [26 USC § 7805]Thus under amplifying Treasury regulations for 26 USC 1, 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.
Of course for those who tend to be a bit hard to convince there is always:
Title 26 Section 7201. Attempt to evade or defeat tax
Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.
Title 26 Section 7202. Willful failure to collect or pay over tax
Any person required under this title to collect, account for, and pay over any tax imposed by this title who willfully fails to collect or truthfully account for and pay over such tax shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution.Title 26 Section 7203. Willful failure to file return, supply information, or pay tax
Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution.
Advice?
Pay the taxes,
Constitution for the United States of America:
- Article VI: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
- Article I Section 8: "The Congress shall have power to lay and collect taxes, duties, imposts and excises,
to pay the debts and provide for the common defense and general welfare of the United States;
but all duties, imposts and excises shall be uniform throughout the United States; "
- Article I Section 8: "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
James Madison, Federalist #39:
- "The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the nation, in their individual capacities. On trying the Constitution by this criterion, it falls under the NATIONAL, not the FEDERAL character;"
James Madison, Federalist #45:
- "The change relating to taxation may be regarded as the most important; and yet the present [Continental] sic Congress have as complete authority to REQUIRE of the States indefinite supplies of money for the common defense and general welfare, as the future [Constitutional] Congress will have to require them of individual citizens;
James Madison, Elliots Debates Vol 3 p128:
- "If a government depends on other governments for its revenues -- if it must depend on the voluntary contributions of its members -- its [*129] existence must be precarious."
- "If the general government is to depend on the voluntary contribution of the states for its support, dismemberment of the United States may be the consequence."
United States v. Sloan, 939 F.2d 499 (7th Cir. 1991)
Argued that there is no law imposing a tax on income, that state citizens are exempt from income tax.
KANNE, Circuit Judge.
- Like moths to a flame, some people find themselves irresistibly drawn to the tax protestor movement's illusory claim that there is no legal requirement to pay federal income tax. And, like the moths, these people sometimes get burned. Lorin G. Sloan believed these claims and because he acted upon them now faces four months in a federal prison; there can be little doubt that he has been burned.
- The real tragedy of this case is the unconscionable waste of Mr. Sloan's time, resources, and emotion in continuing to pursue these wholly defective and unsuccessful arguments about the validity of the income tax laws of the United States. Despite our rejection of Mr. Sloan's legal analysis of the tax laws, we are not unmindful of the sincerity of his beliefs. On the other hand, we are less sure of the sincerity of the professional tax protestors who promote their views in literature and meetings to persons like Mr. Sloan, yet are unlikely ever to face the type of penalties incurred by him. It may be that our decision will not alter Mr. Sloan's views regarding the tax laws of this country, for he has stated that if we affirm his conviction without applying the law as he understands it, our decision will be "a sham to which I WILL NOT SUBMIT." It may also be that serving his sentence in prison will not alter Mr. Sloan's view. We hope this pessimistic assessment is incorrect.
- We AFFIRM the conviction of Lorin G. Sloan on all counts.
A good article published in "The New American" to read and consider:
Patriot Beware!
by Thomas R. Eddlem
http://www.thenewamerican.com/tna/1997/vo13no04/vo13no04_patriot.htm
Matthew 22:15-22
15 Then went the Pharisees, and took counsel how they might entangle him in his talk.
16 And they sent out unto him their disciples with the Hero'di-ans, saying, Master, we know that thou art true, and teachest the way of God in truth, neither carest thou for any man: for thou regardest not the person of men.
17 Tell us therefore, What thinkest thou? Is it lawful to give tribute unto Caesar, or not?
18 But Jesus perceived their wickedness, and said, Why tempt ye me, ye hypocrites?
19 Show me the tribute money. And they brought unto him a penny.
20 And he saith unto them, Whose is this image and superscription?
21 They say unto him, Caesar's. Then saith he unto them, Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's.
22 When they had heard these words, they marveled, and left him, and went their way.
Please note His reply wasn't, "Go starveth thyself to death in protest".
Your supposition does not hold water here.
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