"Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation." Ninth Circuit Court of Appeals, Lavin v. Marsh, 644 f.2d 1378 (1981)
When it comes to taxes, the federal government has taken full advantage of the peoples lack of knowledge regarding revenue law. This has allowed the IRS to legally misapply the federal income tax with impunity.
If you want to learn what you can legally do about it… the journey starts with understanding how we got to this point:
https://redice.tv/radio-3fourteen/cracking-the-code-the-truth-about-taxation-in-america
Three important facts about the federal income tax government has kept hidden from the American People for more than a century:
- The federal income tax is an EXCISE.
- EXCISE taxes are taxes on the gainful exercise of federal privilege(s).
- Most workers do NOT earn their pay exercising any federal privilege(s).
"The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities and privileges which is measured by reference to the income which they produce. The income is not the subject of the tax. It is the basis for determining the amount of tax." F. Morse Hubbard, Treasury Department legislative draftsman. House Congressional Record March 27th 1943, page 2580
Working for a living is NOT an excise taxable activity! The reason most Americans pay federal income taxes is simple. They are tricked into doing so.
Upon employment, your payer has you complete a Form W-4; a Withholding Agreement. They believe they have a legal obligation to do so under 26 U.S. Code §3402(a)(1)
Unknown to the worker and the payer, this paragraph does not apply to private sector workers. It only applies to an “employee” (as defined by law, not the dictionary) who is paid “wages” (as defined by law, not the dictionary), paid by an “employer” (as defined by law, not the dictionary).
26 U.S. Code §3402(a)(1) is a mandatory requirement. It applies ONLY to that which is enumerated! Thus, by law, 26 U.S. Code §3402(a)(1) does not and can not apply to a private sector worker.
Congress wants your money, but it can’t legally take it because the U.S. Constitution prohibits it. To legally work around the limits imposed by the Constitution, Congress created 26 U.S. Code §3402(p); the VOLUNTARY WITHHOLDING AGREEMENT. And more specifically, 26 U.S. Code §3402(p)(3); the “AUTHORITY FOR OTHER VOLUNTARY WITHHOLDING”.
Removing all of the superfluous wording from paragraph (p)(3)(B), the hideous truth is revealed:
“The Secretary is authorized to provide for withholding from any other type of payment if the person making and the person receiving such other type of payment agree to such withholding. For purposes of this chapter, other payments with respect to which such agreement is made shall be treated AS IF they were wages paid by an employer to an employee.”
By signing a W-4 you (the person) agreed to have your payer (the other person) treat your pay (the other type of payment) “AS IF” they were “wages” (as defined by law) paid by an “employer” (as defined by law) to an “employee” (as defined by law).
In other words. By signing a W-4 you volunteered to have your non-taxable private sector payments treated as federally connected “wage” payments paid to a government “employee” by a government “employer”, subject to the excise tax laws of the United States.
You are now in the system as a “taxpayer”. Once receipt of “wages” payments are reported to the IRS, you are legally obligated to pay income taxes.
Welcome to the Matrix!
Repealing the Sixteenth Amendment would accomplish nothing.
The 16th Amendment was passed to close a loophole created by the case of Pollock v. Farmers Loan & Trust, United States Supreme Court, 158 U.S. 601, 1895.
Mr. Pollock argued that federal stock he had purchased was his personal property, and that taxing the federal dividends from that stock was equivalent to taxing personal property, which was an unapportioned direct tax prohibited under Article I of the Constitution. The Supreme Court agreed, and struck those particular sections from the tax code.
The sole purpose of the amendment was to close this loophole and restore to Congress the power to tax federal dividends, even if those federal dividends were derived from personal property - hence the “source derived” language found in the amendment.
Contrary to internet lore, the amendment didn't transform the "income tax" into a direct tax, nor did it modify, repeal, revoke or affect the apportionment requirement for capitations and other direct taxes found in the Constitution. It simply prohibits the courts from using the overruled reasoning of the Pollock decision to shield otherwise excisable dividends and rents from the tax.
"The Supreme Court, in a decision written by Chief Justice White, first noted that the Sixteenth Amendment did not authorize any new type of tax, nor did it repeal or revoke the tax clauses of Article I of the Constitution, quoted above. Direct taxes were, notwithstanding the advent of the Sixteenth Amendment, still subject to the rule of apportionment..." Legislative Attorney of the American Law Division of the Library of Congress Howard M. Zaritsky in his 1979 Report No. 80-19A, entitled 'Some Constitutional Questions Regarding the Federal Income Tax Laws'.
The very suggestion of a non-apportioned direct tax is completely incoherent, because that would cause:
“...one provision of the Constitution [to] destroy another; that is, [it] would result in bringing the provisions of the Amendment [supposedly] exempting a direct tax from apportionment into irreconcilable conflict with the general requirement that all direct taxes be apportioned. ... This result, instead of simplifying the situation and making clear the limitations on the taxing power, which obviously the Amendment must have been intended to accomplish, would create radical and destructive changes in our constitutional system and multiply confusion." Brushaber v. Union Pacific R. Co., 240 U.S. 1 (1916)
There are three important facts about the Federal Income Tax the U.S. Gov't has tried to keep hidden from the American People for more than a century:
The income tax is an EXCISE.
EXCISE taxes are taxes on the gainful exercise of federal privilege(s).
Most workers do NOT earn their pay exercising any federal privilege(s).
The reason most Americans pay federal income taxes is simple. They are tricked into doing so.
Upon employment, your payer has you complete a Form W-4; a Withholding Agreement. They believe they have a legal obligation to do so in accordance with 26 U.S. Code §3402(a)(1)
Unknown to the worker and the payer, this paragraph does not apply to private sector workers. It only applies to an “employee” (as defined by law, not the dictionary) who is paid “wages” (as defined by law, not the dictionary), paid by an “employer” (as defined by law, not the dictionary).
26 U.S. Code §3402(a)(1) is a mandatory requirement. It applies ONLY to that which is enumerated! Thus, by law, 26 U.S. Code §3402(a)(1) does not and can not apply to a private sector worker.
Congress wants your money, but it can’t legally take it because of the U.S. Constitution. To legally work around the limits imposed by the Constitution, Congress created the VOLUNTARY WITHHOLDING AGREEMENT, 26 U.S. Code §3402(p); and more specifically, the “AUTHORITY FOR OTHER VOLUNTARY WITHHOLDING”, 26 U.S. Code §3402(p)(3).
Removing all of the superfluous wording from paragraph (p)(3)(B), the hideous truth is revealed:
“The Secretary is authorized to provide for withholding from any other type of payment if the person making and the person receiving such other type of payment agree to such withholding. For purposes of this chapter, other payments with respect to which such agreement is made shall be treated as if they were wages paid by an employer to an employee.”
By signing a W-4 you (the person) agreed to have your payer (the other person) treat your pay (the other type of payment) “AS IF” they were “wages” (as defined by law) paid by an “employer” (as defined by law) to an “employee” (as defined by law).
In other words. By signing a W-4 you volunteered to have your non-taxable private sector payments treated as federally connected “wage” payments paid to a government “employee” by a government “employer”, subject to the excise tax laws of the United States.
You are now in the system as a “taxpayer”. Once receipt of “wages” payments are reported to the IRS, you are legally obligated to pay income taxes on those “wage” payments.
Welcome to the Matrix!
26 USC 6331(a) states who is subject to levy via a mere Notice from the IRS. Anyone not enumerated in paragraph a. can only be levied via the normal adversarial route (a court proceeding). Years ago, the IRS co-opted banks and businesses to do what they are unable to do themselves --- levy/garnish a private-sector citizen via a mere Notice. Look at a copy of Form 668-W and you'll find the excerpt pertaining to Levy and Distraint starts with paragraph b.. IRS did this because they know most people are so scared they will never read the fine print and notice that paragraph a. is missing on the form. Paragraph a. states in no uncertain terms who is subject to an IRS Levy by way of a mere Notice. And you won't find private sector workers listed anywhere!
If you want to learn the truth about the federal income tax, listen to these:
https://redice.tv/radio-3fourteen/cracking-the-code-the-truth-about-taxation-in-america
and
Irwin Schiff claimed there was NO LAW the required him to pay taxes. He was incorrect and the court found him guilty as a result of his being incorrect.
The income tax is an EXCISE tax. It applies to ANYONE who partakes in an excise taxable activity that results in the receipt of 'income". The amount of tax is determined by the amount of "income" derived from the taxable activity.
The Withholding Agreement you made with your payer is a "Voluntary Withholding Agreement". Either of you can, at anytime, terminate the agreement.
The problem is that most payers are scared of Auntie IRiS, and they will continue to withhold, even if you terminate the agreement.
Once shown the truth, some employers have removed not only their workers, but themselves from withholding. As a matter of fact. After looking closely, some learn they aren't a trade or business subject to taxation and remove themselves from the system altogether.
"Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation." Ninth Circuit Court of Appeals, Lavin v. Marsh, 644 f.2d 1378 (1981)
When it comes to taxes, the federal government has taken full advantage of the peoples lack of knowledge regarding revenue law. And the government’s position is simple. If someone chooses not to read the law, they will gladly take that persons money.
If you want to learn the truth about the federal income tax and what you can legally do about it, you need to cleanse your mind of all that you think you know — like that nonsense about the 16th Amendment creating the income tax or an unapportioned direct tax. Those are myths and lies perpetrated by Auntie IRiS and the government in an effort to keep you from learning the real truth.
If you want to learn what you can legally do about it… the journey starts with understanding how we got to this point:
https://redice.tv/radio-3fourteen/cracking-the-code-the-truth-about-taxation-in-america
and here
http://www.thetransformingword.com/soaringeagleradio/old/SER/Completed-Interviews/Pete-Hendrickson-080819.mp3