Justice Dept. Sues Tax-protesting Charity” Yeah, right…
“Just in time for tax season, the U.S. Justice Department is suing the founder of a charitable organization for allegedly peddling a national tax-fraud scheme that it says has cost the government 21 million.”
Elizabeth Schwinn’s special to MSNBC.com, on 11/16/07 is just another report by a roving columnist on loan from the Fifth Column Gazette. The problem for Ms. Schwinn and her colleagues is that there are fewer and fewer of the dumb-down masses to peddle the elixir to these days. People that normally ingest typical phrases Schwinn and others in the gazette often use, such as… “some experts” and “according to credible sources”, are catching on. Schwinn says: “some experts” are puzzled that the foundation, listed as a legitimate charity by the IRS, hasn’t lost its tax exempt status.” What experts, Ms. Schwinn? Excuse me… you mean the IRS that makes false and misleading statements in their official literature about the authorities they operate under, such as in Publication 2105 (Rev. 10-1999), Catalog Number 23871N, which is a regularly used pamphlet sent to millions of citizens entitled: “Why do I have to pay taxes”; “Just the facts”, item number 3 states:
3) “Congress used the power granted by the Constitution and the Sixteenth Amendment and made laws requiring all individuals to pay tax.”
Ms. Schwinn, we already know according to the “experts” that “all” individuals do not pay tax. Do children, housewives or the people on welfare pay the 16th Amendment/income tax? After all, they are individuals. Why didn’t the Internal Revenue Service simply cite one of the laws they claim Congress passed, imposing the alleged statutory liability on “all individuals”? After all, the IRS must know which law/s require “all individuals to pay tax”. The reason IRS has never cited the “alleged” law is because the 16th Amendment and the Constitution does not give Congress the authority to enact a law “requiring all individuals to pay tax”. The income tax is levied on incomes, not individuals.
Ms. Schwinn, I will now quote from the experts: “...it becomes essential to distinguish between what is and what is not 'income,' as the term is there used, and to apply the distinction, as cases arise, according to truth and substance, without regard to form. Congress cannot by any definition it may adopt, conclude the matter, since it cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised. EISNER v MACOMBER, 252 US 189 (1920)
What’s this? Congress cannot “conclude the matter”? That’s right! Congress does not have the power to make laws “requiring all individuals” to pay tax. According to the Supreme Court, Congress is limited by the Constitution. If Congress cannot “conclude the matter”, and the 16th Amendment only allows for taxes on “incomes”, not individuals, where is the truth in the IRS’s statement in item number 3? Let’s take a look at what “power” the Supreme Court says the 16th Amendment has:
“The 16th Amendment must be construed in connection with the taxing clauses of the original Constitution and the effect attributed to them before the amendment was adopted.” EISNER v MACOMBER, 252 US 189 (1920).
Ms. Shwinn, this brings us to the crux of the matter “the taxing clauses of the original Constitution and the effect attributed to them before the amendment was adopted.” are: “Representatives and direct taxes shall be apportioned among the several States which may be included in this Union, according to their respective numbers…” Article 1 § 2 part 3 and “No capitation or other direct tax, shall be laid unless in proportion to the census or enumeration hereinbefore directed to be taken.” Article 1§ 9 part 4
Our expert sources
Ask the people at the Justice Department if the tax being laid/imposed on the “protestors” must be apportioned or enumerated according to real expert sources, the Supreme Court and the Constitution. The Congress has not apportioned the tax as they are required to. Until Congress votes to apportion a direct tax, the “Law” is moot.
Now I will tell you why the good folks in the “Justice” Dept. would blow smoke up that place in your anatomy often mentioned in the field of proctology. Because they are afraid! Just like most of the “reporters” at the gazette are afraid; that maybe their countrymen at IRS will look up your tax I.D. numbers, which is also your social “security” number, and audit your little butts. The reason this subject is getting more attention all the time is due almost entirely to the fact that the dirty little secret is no longer little. It will take a lot more than thugs and false reporting to keep the truth from spreading.
“The Internal Revenue Service says the arguments made by the tax protestors are frivolous and has posted a rebuttal of the latest anti-tax claims on its web site.” Hey Elizabeth, here is our frivolous argument, again: “...it becomes essential to distinguish between what is and what is not 'income,' as the term is there used, and to apply the distinction, as cases arise, according to truth and substance, without regard to form. Congress cannot by any definition it may adopt, conclude the matter, since it cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised. … The 16th Amendment must be construed in connection with the taxing clauses of the original Constitution and the effect attributed to them before the amendment was adopted. EISNER v MACOMBER, 252 US 189 (1920)
“Representatives and direct taxes shall be apportioned among the several States which may be included in this Union, according to their respective numbers…” Article 1 § 2 part 3
“No capitation or other direct tax, shall be laid unless in proportion to the census or enumeration hereinbefore directed to be taken.” Article 1 § 9 part 4
The only thing being protested is the misapplication of the federal income tax. Nobody in the “We the People” organization disputes the government’s authority to tax. We just demand to know where the congressional record shows that the income tax now being laid on private non-corporate U.S citizens has been apportioned, enumerated.
Ms. Schwinn, have you ever visited the IRS site that you referred to in order to verify your statement? If you haven’t, you don’t know what you’re talking about. If you have, you should have posted it or paraphrased it so that your riveted readers could have come to an intelligent conclusion.
“The new breed of tax protester”
Finally, and for the grand finale, an expert witness, J. J. MacNab, is presented by Schwinn, to talk about the new breed of tax protestor. “In the past,” MacNab said, “people withheld their tax payments as an act of civil disobedience, for example against the Vietnam War, they knew and accepted jail or fines…they want the benefits of withholding funds from the government (personal enrichment, punishing government programs they don’t like) without any negative consequences. They are not practicing civil disobedience; they are following a cult-like belief system made up of absurd legal theories and wild eyed conspiracy tales.”
The above testimony is an example of the fifth (media) column’s version of an “expert”. MacNab’s mumbling is about as credible as bringing a witch doctor in to testify as a character witness on behalf of an M.D. in a malpractice suit. Are the Supreme Court’s rulings in deciding the meaning of our Constitution in Article 1, absurd legal theories? Is evidence of fraud in the false public statements made by the IRS wild eyed conspiracies? And, last but not least, are the people like myself, and others now in jail for withholding their money until the government stops the killing of millions of innocent human beings in its subsidized abortion clinics, not engaging in moral acts of civil disobedience? There was a time in history when anyone spouting profanities such as MacNab’s ungodly statements would have been considered a threat to the public good, and locked up as an act of charity toward the sane people.
Bill Price
Freedom to Fascism, an Orwellian Odyssey
“Come writers and critics who prophesize with your pen – keep your eyes open wide this chance won’t come again – and don’t speak too soon for the wheel is still in spin, and there’s no telling who it will be naming …. for the times they are a changing…” Bob Dylan 1964.
Lately some writers and critics have tried to forewarn the middle class of the coming crisis. Pat Buchanan’s effort to sound the alarm against NAFTA, GATT and the WTO, is a recent example. The media conglomerates have shown time and again just how easily they can manage such forays into the public consciousness. The wheel of fate alluded to in Dylan’s song has come to rest. Names have been named, places revealed, dates are now known and the future, now occupies its place in history.
George Orwell would have been pleased to see this day in America. Orwell’s novels “Animal Farm” and “1984” predicted a state of totalitarianism in the world. Regrettably, Orwell did not live to see the phenomena you are about to witness. The movie “America, Freedom to Fascism” is an expose’ on the Federal Income Tax, the Federal Reserve Banking/system and finally the facts about an international cartel that has been very busy “arranging” your entire future. It is more powerful than anything you have seen. Ironically, these world planners featured in Aaron Russo’s movie, have something in common with George Orwell, their most notable critic. The cartel’s global plan for the middle class, and the title of Mr. Orwell’s most famous book, could very well share the same name, “Animal Farm”
“Animal Farm” released in 1945 was an ominous warning to the world. There was another ominous release that year, the atomic bombs over Nagasaki and Hiroshima. “Freedom to Fascism” was released in 2006 and with it, something even more powerful than the atomic bomb, the truth.
“Gather round people wherever you roam, and admit that the waters around you have grown - so you better start swimming or you’ll sink like a stone, if to you your time is worth saving, for the times they are a changing…”
Is our time worth saving? Spread the word, by using the most powerful weapon known to man, the truth. Watch and share “America, Freedom to Fascism”.
“Keep your eyes open wide this chance won’t come again…for the times they are a changing...”
This introduction was prepared by Bill Price. The producer and director of “America, Freedom to Fascism”, Aaron Russo does not necessarily endorse the views expressed herein. For additional information on the federal income tax, visit www.article1-taxation.com
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