THEY JUST BROKE THE ABUSIVE U.S. TAX SYSTEM WITH THE NEW INCOME TAX LAW (H.R. 1 – Dec. 2017)
The new federal personal income tax law, H.R. 1, – that was just enacted into law by Congress in December 2017, and already made effective as of January 1st, 2018, has the immediate legal effect of:
1. completely disemboweling and destroying the I.R.S.’ current personal income tax collection and enforcement practices and operations, by removing them entirely and completely from all legitimate constitutional authority to act to enforce the direct taxation of income under the 16th Amendment, as practiced for the last 60 years;
2. strips the federal Department of Justice naked in the courtroom of all of its illegitimate constitutional arguments that have been made in the courtroom for the last 60 years, to sustain the federal court’s (both district and tax courts’) erroneous enforcement of a direct and unapportioned tax upon the income of We theAmerican People under alleged authority of the 16th Amendment; and
3. completely exposes the federal judiciary’s unlawful enforcement of the federal personal income tax under the 16th Amendment over the last 60 years of American history, as nothing but a complete and total judicially committed fraud that plainly and clearly can now be seen as the true judicial conspiracy of sedition that it is,
– to undermine and remove the constitutional limitations placed upon the federal taxing powers, in order to enforce the unconstitutionally direct taxation of the labors and work (“wages” and “salaries“) of the American People, in order to fund, not the legitimate operation of the government, but the constitutionally unauthorized progressive, liberal, Fabian, socialist programs effecting the re-distribution of wealth that have been by used by the politicians to create the welfare based, class warfare system of taxation that has resulted in the divisive destruction of America, its people’s Freedom, Liberty, private property, and equal rights;
– by expanding the judicial authority beyond that which is constitutionally authorized, to enable the federal judiciary to constitutionally usurp the legislative authority of the Congress, through the judicial enforcement of only the perverted judicial Fabian opinions they issue, in place of the actual written constitutional tax law that is authorized and exists.
What ? You may say – that’s crazy. What the hell are you talking about ?
It’s the same tax it’s always been ! There’s nothing new in the law that could do that ! Yea, – that’s right, it’s the same income tax law that it has always been, and now they have admitted it on the Congressional Record, and their world is about to change, – well, actually, implode.
Congress has no idea of what they have done, or of the true extent or size of the catastrophe within the tax enforcement system, that they have wrought with the new income tax law, and few Americans, if any have realized it yet,
– but any honest lawyer will tell you (after reading this) that everything you are about to read (and have read up to this point in this article) is irrefutably true.
FACT: For the last 60 years the IRS has been issuing income tax collection correspondence to Americans asserting that American citizens owe the payment of an income tax on their work, because of the adoption of the 16th Amendment. This claim to legal authority is all over their website; it is in their “frivolous Arguments” propaganda publications, where they repeatedly assert the income taxing authority under the 16th Amendment, and label as frivolous any reference made to the limitations on the taxing powers imposed under Article I of the Constitution; and, it is in the pleadings made on the record of the court by the United States as a plaintiff, in every tax case prosecuted in the federal courts in the last 30 years.
FACT: The Department of Justice attorneys argue in every single income tax case prosecuted in the federal courts, that the income tax is owed by the individual defendant as a function of the 16th Amendment alone, without use or need of any “applicability” of the authorized indirect Article I, Section 8, impost, duty and excise taxing powers.
FACT: For the last 60 years the federal courts have been wrongfully allowing and upholding the constitutionally prohibited, and therefore unconstitutional, direct taxation of the alleged gross income of the American People, created as a function of all of their labors and work, as a direct tax without apportionment, under alleged authority conferred under the 16th Amendment to tax “… income, from whatever source derived, without apportionment, and without regard to any census or enumeration. ”
FACT: The 16th Amendment has no enabling enforcement clause in it, that would constitutionally authorizes the U.S. Congress to write any law to enforce any power alleged newly created or authorized under authority of the Amendment alone.
FACT: There are Amendments to the Constitution, both before and after the 16th Amendment, that do have and clearly contain an enabling enforcement clause within them, irrefutably proving the absence within the Amendment, of such alleged grant of any new enforceable power, is intentional.
FACT: In assessing the legal effect of the 16th Amendment, the Supreme Court plainly said in 1916 that “the Sixteenth Amendment conferred no new power of taxation“. “. . . The provisions of the Sixteenth 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 . . .”
Stanton v. Baltic Mining Co., 240 U.S. 103, 112-13 (1916)
FACT: The Article I, Section 8, clause 1, authorities to tax only indirectly, by uniform
impost, duty and excise, do not reach the labors of the American people with legal effect. This is why the federal government has argued for sixty years that the 16th Amendment was the sole basis for the enforcement of the income tax imposed by Section 1 of Title 26 United States Code (Title 26 is also called the I.R.C.). In speaking of the power to tax by ‘duties,’ ‘imposts,’ and ‘excises,’ the Supreme Court has consistently said:
” ‘We think that they were used comprehensively, to cover customs and
excise duties imposed on importation, consumption, manufacture, and sale of certain commodities, privileges, particular business transactions, vocations, occupations, and the like.’ Duties and imposts are terms commonly applied to levies made by governments on the importation or exportation of commodities. Excises are ‘taxes laid upon the manufacture, sale, or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges.‘ Cooley, Const. Lim. 7th ed. 680. The tax under consideration, as we have construed the statute, may be described as an excise upon the particular privilege of doing business in a corporate capacity, i. e., with the advantages which arise from corporate or quasi corporate organization; or, when applied to insurance companies, for doing the business of such companies. As was said in the Thomas Case, 192 U. S. supra, the requirement to pay such taxes involves the exercise of privileges, and the element of absolute and unavoidable demand is lacking. If business is not done in the manner described in the statute, no tax is payable.
If we are correct in holding that this is an excise tax, there is nothing in the
Constitution requiring such taxes to be apportioned according to population. Pacific Ins. Co. v. Soule, 7 Wall. 433, 19 L. ed. 95; Springer v. United States, 102 U.S. 586 , 26 L. ed. 253; Spreckels Sugar Ref. Co. v. McClain, 192 U.S. 397 , 48 L. ed. 496, 24 Sup. Ct. Rep. 376.“ Flint v. Stone Tracy Co. , 220 US 107, 151-152 (1911)” Thomas v. United States, 192 U.S. 363 , 48 L. ed. 481, 24 Sup. Ct. Rep. 305 “Excises are “taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges … the requirement to pay such taxes involves the exercise of the privilege and if business is not done in the manner described no tax is payable…it is the privilege which is the subject of the tax and not the mere buying, selling or handling of goods. ” Cooley, Const. Lim., 7th ed., 680.” Flint, supra, at 151; Flint v. Stone Tracy Co., 220 U.S. 107 (1911)1
Which is mirrored in Black’s Law Dictionary: “Excise taxes are taxes “laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges.” Flint v. Stone Tracy Co., 220 U.S. 107, 31 S.Ct. 342, 349 (1911); or a tax on privileges, syn. “privilege tax”. Black’s Law Dictionary 6th Edition
“The subject matter of taxation open to the power of the Congress is as comprehensive as that open to the power of the states, though the method of apportionment may at times be different. “The Congress shall have power to lay and collect taxes, duties, imposts and excises.” Art. 1, § 8. If the tax is a direct one, it shall be apportioned according to the census or enumeration. If it is a duty, impost, or excise, it shall be uniform throughout the United States. Together, these classes include every form of tax appropriate to sovereignty. Cf. Burnet v. Brooks, 288 U. S. 378, 288 U. S. 403, 288 U. S. 405; Brushaber v. Union Pacific R. Co., 240 U. S. 1 , 240 U. S. 12.” Steward Mach. Co. v. Collector, 301 U.S. 548 (1937), at 581
“The [income] tax being an excise, its imposition must conform to the canon of uniformity. There has been no departure from this requirement. According to the
settled doctrine the uniformity exacted is geographical, not intrinsic. Knowlton v. Moore, supra, p. 178 U. S. 83; Flint v. Stone Tracy Co., supra, p. 220 U. S. 158; Billings v. United States, 232 U. S. 261, 232 U. S. 282; Stellwagen v. Clum, 245 U. S. 605, 245 U. S. 613; LaBelle Iron Works v. United States, 256 U. S. 377, 256 U. S. 392; Poe v. Seaborn, 282 U. S. 101, 282 U. S. 117; Wright v. Vinton Branch Mountain Trust Bank, 300 U. S. 440.” Steward Mach. Co. v. Collector, 301 U.S. 548 (1937), at 583 “Whether the tax is to be classified as an “excise” is in truth not of critical importance. If not that, it is an “impost” (Pollock v. Farmers’ Loan & Trust Co., 158 U. S. 601, 158 U. S. 622, 158 U. S. 625; Pacific Insurance Co. v. Soble, 7 Wall. 433, 74 U. S. 445), or a “duty” (Veazie Bank v. Fenno, 8 Wall. 533, 75 U. S. 546, 75 U. S. 547; Pollock v. Farmers’ Loan & Trust Co., 157 U. S. 429, 157 U.
S. 570; Knowlton v. Moore, 178 U. S. 41, 178 U. S. 46). A capitation or other
“direct” tax it certainly is not.” Steward Mach. Co. v. Collector, 301 U.S. 548
(1937), at 581-2
1 Again, Flint v. Stone Tracy Co. is controlling and Constitutional law, having been cited and followed over 600 times by virtually every court as the authoritative definition of the scope of excise taxing power.
So, the granted taxing powers are conclusively defined within the U.S. Constitution: “Mr. Chief Justice Chase in The License Tax Cases, 5 Wall. 462, 72 U. S. 471, when he said: “It is true that the power of Congress to tax is a very extensive power. It is given in the Constitution, with only one exception and only two qualifications. Congress cannot tax exports, and it must impose direct taxes by the rule of apportionment, and indirect taxes by the rule of uniformity.
Thus limited, and thus only it reaches every subject, and may be exercised at discretion.” And although there have been from time to time intimations that there might be some tax which was not a direct tax nor included under the words “duties, imposts and excises,” such a tax, for more than one hundred years of national existence, has as yet remained undiscovered, notwithstanding the stress of particular circumstances [that] has invited thorough investigation into sources of revenue.” And with respect to the power to tax income the Supreme Court has said:
“The act now under consideration does not impose direct taxation upon property solely because of its ownership, but the tax is within the class which Congress is authorized to lay and collect under article 1, [section] 8, clause 1 of the Constitution, and described generally as taxes, duties, imposts, and excises, upon which the limitation is that they shall be uniform throughout the United States. Within the category of indirect taxation, as we shall have further occasion to show, is embraced a tax upon business done in a corporate capacity, which is the subject-matter of the [income] tax imposed in the act under consideration. The Pollock Case construed the tax there levied as direct, because it was imposed upon property simply because of its ownership. In the present case the tax is not payable unless there be a carrying on or doing of business in the designated capacity, and this is made the occasion for the tax, measured by the standard prescribed. The difference between the acts is not merely nominal, but rests upon substantial differences between the mere ownership of property and the actual doing of business in a certain way.” Flint v. Stone Tracy Co. , 220 US 107, 150 (1911) Which is repeatedly supported: “As has been repeatedly remarked, the corporation tax act of 1909 was not intended to be and is not, in any proper sense, an income tax law. This court had decided in the Pollock Case that the income tax law of 1894 amounted in effect to a direct tax upon property, and was invalid because not apportioned according to populations, as prescribed by the Constitution. The act of 1909 avoided this difficulty by imposing not an income tax, but an excise tax upon the conduct of business in a corporate capacity, measuring, however, the amount of tax by the income of the corporation, with certain qualifications prescribed by the act itself. Flint v. Stone Tracy Co. 220 U.S. 107 , 55 L. ed. 389, 31 Sup. Ct. Rep. 342, Ann. Cas. 1912 B, 1312; McCoach v. Minehill & S. H. R. Co. 228 U.S. 295 , 57 L. ed. 842, 33 Sup. Ct. Rep. 419; United States v. Whitridge (decided at this term, 231 U.S. 144 , 58 L. ed. –, 34 Sup. Ct. Rep. 24.” Stratton’s, supra at 414 So imposts and duties are taxes on imported and exported goods, i.e. : commodities and articles of commerce that are imported into, and or exported from, the United States of America. Imposts are also taxes on foreign “persons” and their activities in the United States (foreign individuals & companies, & organized operations like a foreign trust, charity, etc.). Imposts and duties are also taxes, where imposed, on persons in the U.S. territories and possessions, and on America citizens who are living and working in a foreign country under a tax treaty with the United States that allows the federal taxation of the American persons in that foreign country, under the active tax treaty.
So taxation, by impost and duty, by definition, fundamentally does not reach the labors of the American people conducted in the fifty states, where the labor does not involve any import or export, or other foreign activity. And Excise taxes are now accepted as being constitutionally defined by both law and precedent (over 600 times) as: “taxes laid upon the manufacture, sale or consumption of commodities within the country, upon licenses to pursue certain occupations, and upon corporate privileges … “.
But Title 15 U.S.C. Section 17, plainly and clearly states that: “The labor of a human being is not a commodity or article of commerce… “. Under the U.S. Constitution this law removes …
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