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Posted 1/18/2004 02:43:00 PM by Dick

The IRS has an Income Tax problem

- By Robert R. Raymond

Date: 1/18/04 3:41:15 PM Central Standard Time
From: automailer@freedomabovefortune.com
Reply-to: jbanister@freedomabovefortune.com
Sent from the Internet (Details)

Dear Friends,

I am forwarding a thought-provoking article authored by Robert R. "Bob" Raymond. He masterfully articulates problems for the IRS that will continue to grow and grow and grow, as would the problems facing any purveyor of deceit. Bob's website is found at www.rraymond.org .

You can access past email alerts at http://joebanister.blogspot.com/
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The IRS has an Income Tax problem

By Robert R. Raymond

January 19, 2004

The IRS has an Income Tax problem. Tens of millions of Americans no longer file the form 1040. Why is that? Well, besides the fact that government consumes 40 percent of the fruits of our labor and people sometimes have to make a choice between feeding their families or feeding Uncle Sam; people are tired of IRS abuses, lack of candor about the law and the need for true due process when American's interact with the IRS. The greatest abuse being the IRS's and our elected officials refusal to tell the people what law makes them liable to pay the Individual Income tax.

This silence on the part of our elected officials is responsible for the mood of distrust and ever growing suspicion of government at all levels. This is exactly what the IRS hoped to avoid when it came out with the kinder, gentler version of the IRS that we are supposed to have today. You know, customer friendly. Their own mission statement tells us so.

Introduction and Mission

The Internal Revenue Service is the nation's tax collection agency and administers the Internal Revenue Code enacted by Congress. Its mission: to provide America 's taxpayers with top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all.

The problem with the millions of non-filing American's is self-inflicted. The IRS refuses to tell the American people what law makes them liable for the Individual Income tax. I got to tell you folks; this is no minor omission. The government has a duty to inform the people of our obligations under the law; anything less is immoral and un-American. There are four questions that need to be asked and answered for the people to have confidence that the law is being applied correctly.

1. What is the definition of the word Income as used in the Internal Revenue code? Please cite the source of authority?

2. Is the Income tax a Direct tax or Indirect tax?

3. What statute makes me liable for the Individual Income Tax? (Please cite statute and corresponding regulation).

4. What form is required by law to pay the Individual Income tax and

where does the law say that? (Please cite statute and regulation).

Lets look at the four questions and see why they are important and need to be answered.

1. What is the definition of the word Income as used in the Internal Revenue code?

Gross Income, taxable income, adjusted gross income are words defined in the Income tax code. They are a subspecies of the word income. One cannot understand the meaning of these terms without having a definition of the word income. There is no definition of the word income in the income tax code. We want the official definition of the word. (Hint: Income, profit separated from its capital source). Note/ Please do not cite court cases. The executive branch of government enforces the law. What law are you enforcing?

2. Is the Income tax a Direct tax or an Indirect tax?

The constitution allows for two types of taxation with specific rules that govern each specie of tax. A direct tax must be apportioned and indirect taxes must be uniform. I know if it's a direct tax that the income tax is not apportioned and if it's an indirect tax it's not uniform. So what is it?

3. What statute makes me liable for the Individual Income Tax?

Not one person, lawyer, accountant or tax preparer that I've asked this question can answer it, and I have asked many. Not one. If I called the County Sheriff and asked him what statute would I be violating if I take my neighbors car without asking him, he would say Wisconsin state statutes § XXXXXXXX Grand Theft Auto. The law can be looked up in a book of Wisconsin state statutes. It is knowable. The same cannot be said about the income tax law. I've looked.

Ask a government official the same question and they act as if the law that requires someone to pay the Individual Income tax is classified information. I wonder what they are hiding?

4. What form is required by law to pay the Individual Income tax and where does the law say that.

Government agencies promulgate rules governing its interaction with the public in accordance with the laws passed by congress. They are published in the Code of Federal Regulations. This one should be easy for the IRS. So what say you, IRS?

We live in a nation where the rule of law governs. I am not against taxes. I understand the government's need for revenue to meet the legitimate functions of government. The legitimate needs of all the people will never be met if the government refuses to meet its obligation to inform us of the laws we are accountable for. Its time to stop playing hide the ball. The American people have a right to answers from their elected officials. You can all help me get the answers to these important questions. I have officially sent a letter to my elected officials and the IRS requesting answers to these questions. I have copies of the letters and this article on my web site at www.rraymond.org. I will pay out of my own pocket the cost of placing the IRS's replies in the paper so you will know the answers and can feel confident that the laws are being applied correctly. Please take part in our effort to get answers to these important questions. You can help by sharing this information with your friends and family. Lets make sure that every American is aware of this issue. If you can, consider

paying to run this article in your local paper. Or make a donation so we can run this article in all the major newspapers around the country. Thousands of your fellow Americans, your neighbors, are being abused daily without knowing the legal foundation for their abusers actions. Don't let them suffer another day without getting straight answers.

© 2004 -Robert R. Raymond All Rights Reserved

Robert R. Raymond is the past Independent candidate for the U.S House of Representatives for Wisconsin 's 5th District in the 2002 elections. A political activist for the past eight years he represents the People for Truth in Taxation Organization. He can be reached on his web site www.rraymond.org or by e-mail at rr@rraymond.org . He can also be reach by U.S mail at 10936 North Port Washington Rd - #242, Mequon , Wisconsin 53092 or by phone at 414-297-9226. Republication allowed with this notice and hyperlink intact.

"Silence can be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. . . We cannot condone this shocking behavior by the IRS. Our revenue system is based on the good faith of the taxpayer and the taxpayers should be able to expect the same from the government in its enforcement and collection activities."

U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932.

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Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
www.freedomabovefortune.com

Dick Simkanin
Bedford, Texas USA
dick@arrowplastics.com
817-540-1892
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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. 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He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. 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He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For Quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor. -------------------------------------------------------------------------------- The 56 signatures on the Declaration appear in the positions indicated: Column 1 Georgia: Button Gwinnett Lyman Hall George Walton Column 2 North Carolina: William Hooper Joseph Hewes John Penn South Carolina: Edward Rutledge Thomas Heyward, Jr. Thomas Lynch, Jr. Arthur Middleton Column 3 Massachusetts: John Hancock Maryland: Samuel Chase William Paca Thomas Stone Charles Carroll of Carrollton Virginia: George Wythe Richard Henry Lee Thomas Jefferson Benjamin Harrison Thomas Nelson, Jr. Francis Lightfoot Lee Carter Braxton Column 4 Pennsylvania: Robert Morris Benjamin Rush Benjamin Franklin John Morton George Clymer James Smith George Taylor James Wilson George Ross Delaware: Caesar Rodney George Read Thomas McKean Column 5 New York: William Floyd Philip Livingston Francis Lewis Lewis Morris New Jersey: Richard Stockton John Witherspoon Francis Hopkinson John Hart Abraham Clark Column 6 New Hampshire: Josiah Bartlett William Whipple Massachusetts: Samuel Adams John Adams Robert Treat Paine Elbridge Gerry Rhode Island: Stephen Hopkins William Ellery Connecticut: Roger Sherman Samuel Huntington William Williams Oliver Wolcott New Hampshire: Matthew Thornton

The IRS has an Income Tax problem

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