We The People
Most Citizens
Are Not Required To File An Income Tax Return
The 16th
("Income Tax") Amendment Is A Fraud
If You File,
You Waive Your 5th Amendment Rights
These are the major
points expressed in a Remonstrance, that was hand delivered to leaders of the
three branches of the federal government on April 13, 2000, by a group of
citizen-delegates
representing all 50
states. These grievances concern alleged illegal operations of the federal
income tax system and the IRS. The
Remonstrance was signed by thousands of citizens, and was delivered as part of
an event sponsored by We The People Foundation for Constitutional Education, a
not-for-profit corporation dedicated to research and education in matters of taxation
& governance.
THE MAIN PROPOSITIONS OF THE REMONSTRANCE
ARE:
1) The 16th amendment to
the U.S. Constitution (the "income tax amendment") was fraudulently
and illegally proclaimed to be ratified in 1913. Exhaustive legal research from
both state and national archives documented conclusively that the amendment did
not even come close to being legally approved by the required number of states. The Courts have refused to hear this issue.
“[Defendant] Stahl’s claim that
ratification of the 16th Amendment was
fraudulently certified constitutes a
political question because we could
not undertake independent resolution of
this issue without expressing
lack of respect due coordinate branches
of government....”
U.S. v Stahl (1986), 792
F2d 1438
2) Filing a federal
income tax return is, in fact, voluntary, because there is no statute or
regulation that requires the vast majority of U.S. citizens to file and pay
income taxes -- or to have taxes withheld from the money they earn. Neither the IRS nor the Congress can cite an
authorizing law or regulation.
3) Citizens cannot
"voluntarily" file a federal income tax return without surrendering
their 5th amendment right not to bear witness against themselves. You can be
criminally prosecuted
for your "voluntary"
return. Robert Schulz, chairman of the
Foundation, and Joseph
Banister, a former
special agent of the Criminal Investigation Division of the IRS (accompanied by
a videographer) delivered copies of the Remonstrance to designated officials of
the three branches.
At the White House and
the Capitol, the delegates had the opportunity to explain and discuss the
contents of the Remonstrance, and to ask that the government send experts representing
the three branches to a conference to be held in June, where those experts
could debate the tax issues with a group of researchers invited by the
Foundation. The officials agreed to the idea of having such a conference, and
the Foundation scheduled the meeting for June 29th.
The officials the
delegates delivered the Remonstrance to were: At the White House-Jason Furman,
Senior Director and Senior Economic Advisor of the National Economic Council; at the Capitol-Dr. William Koetzle,
Legislative Director for Speaker Hastert, and Keith Hennessey, Policy Director
for Sen-ate Majority Leader Lott. However,
on June 2nd the White House reneged on the promises it made during the April
13th meeting. As with three previous
conferences, the government has again refused to debate the grievances. Jason
Furman told Robert Schulz, "The
legality of the income
tax is not a high priority item at the White House, and we will not participate
in any conference on the subject."
WE HAVE NOW REACHED THE POINT WHERE THE
GOVERNMENT'S EVASION MUST BE REGARDED AS AN ADMISSION.
If the government has
valid counter-arguments to the Remonstrance, it should be a simple matter to
clarify the law, provide the appropriate regulatory references and promptly settle
the matter. Our government's repeated avoidance of these debates should speak
volumes.
On this, the 224th birth
celebration of our one Nation under God, the We The People Foundation offers
the following facts, internet links and a challenge for each American:
Read the facts for
yourself.
Judge what is truth.
Pass it on.
We hope you will join
many who now believe that the time has come for our government and our nation
to begin a long-overdue process of public debates concerning the economic, political
and constitutional problems posed by the true legal restrictions upon our
current system of taxation.
As a nation of justice
and due process, we cannot tolerate a tax system, or a government, that seizes
our property, sends us to prison and induces fear in our hearts -- while
refusing to pro-vide
us basic proof of their
legal authority, clearly written tax codes and unambiguous legal ruling on
Constitutional and legal issues concerning the income tax.
We pray that you be
convinced that nothing less than our freedoms, our property and our Republic
are at stake. The Soul of America needs illumination. Please join us.
Legal Facts & Did
You Know
Re: Proposition #1
The issue of the
fraudulent ratification of the 16th amendment has never been decided by a court
of law. The courts have instead tossed the issue into the lap of Congress as a "political
question," even though fraud is a clear issue for judicial review, not a
political question.
A brief report printed
by the Congressional Research Ser-vice in 1985 states up front that, "The
report does not attempt to rebut specific factual allegations...." It then
goes on to make the astonishing assertion that the actions of a government
official must be presumed to be correct and cannot be judged or overturned by
the courts! (John Ripy, "Ratification of the Sixteenth Amendment."
CRS, 1985)
An attorney speaking
for Senator Orin Hatch in 1984 offered to pay former tax investigator William
Benson a for-tune not to publish his research proving that the 16th amendment
did not even come close to being legally ratified by the required number of
states in 1913.
Philander Knox,
Secretary of State from 1909 to 1913 during the Taft administration, proclaimed
the 16th amendment to be ratified just a few days before he left office in 1913,
to make way for the Wilson administration, even though he knew it had not been
legally ratified.
Philander Knox had for
many years been the primary attorney for the richest men in America, including
Carnegie, Rockefeller, Morgan and the Vanderbilts. He had created for them the
largest financial cartel in the world. Then was appointed, at their request, as
Attorney General in the
McKinley/Roosevelt
administrations, where he refused to enforce the Sherman anti-trust laws
against the cartel he had just created.
The income tax
amendment was pushed through Congress in 1909 by Sen. Nelson Aldrich,
father-in-law of John D. Rockefeller, Jr. and grandfather and namesake of
Nelson A. Rockefeller, and would not have been ratified if Knox had not
fraudulently proclaimed it so.
Example: Kentucky's
legislature rejected the amendment, but Knox counted Kentucky as having
approved it.
Example: Oklahoma's
legislature changed the amendment's wording so that it meant just the opposite
of what was submitted to the states by Congress, but Knox counted Oklahoma as
approving the amendment.
Example: Minnesota did
not submit any results or copy of their vote to Knox, yet he counted Minnesota
as approving the amendment.
Legal scholars have
agreed that if any state violated provisions of its own state constitution in
the ratification process, its approval would be null and void. At least 20
states were guilty of serious violations of their constitutions. For example, Tennessee's
constitution provided that the state legislature could not act upon any
proposed amendment to the U.S. Constitution submitted by Congress until after
the next state legislative elections. Yet the Tennessee legislature acted on
the proposed 16th amendment the same month it was received and before any
elections.
Judges have been
extraordinarily unwilling to allow defendants in "failure to file"
cases to present evidence or testimony of expert researchers regarding the
constitutionality of the 16th amendment.
Re: Proposition #2
Juries have been
acquitting defendants in failure-to-file income tax return cases due to lack of
demonstrable evidence that there is any law or regulation that requires it.
An increasing number
of employers have stopped with-holding taxes from their workers, and stopped
filing W-2s and 1099s for the same reason.
Unless one is a
foreigner working in the U.S., or a U.S. citizen earning money abroad, one is
not liable for the federal income tax.
The OMB Number on From
1040 is cross-referenced in the Code of Federal Regulations to the section
covering taxes by resident aliens, which, therefore, doesn't apply to most
Americans.
Responding to an inquiry
by a constituent who was a tax consultant, Sen. Daniel Inouye told him that
based on research performed by the Congressional Research Service, no provision
of the Internal Revenue Code requires an individual to pay income taxes. He
then went on, remarkably, to issue a warning that Section 7201 sets forth
numerous penalties for not paying taxes owed. However -
The key word in the above
warning is “owed.” Most citizens are not required to file, so section 7201 is a
false and clumsy threat.
The IRS routinely and
falsely bases liens on a misapplication of alcohol-tobacco-firearms tax rules
to ordinary income cases.
No law requires
employees to provide a Social Security Number to an employer, nor for an employer
to demand one from an employee.
Re: Proposition #3
The 10th Circuit Court
of Appeals has ruled that the filing of an income tax return (Form 1040) and
the information on the 1040 is not compelled, and, therefore, the principle
that no one may be forced to waive their 5th amendment rights in
order to comply with a law is not applicable to federal income tax returns.
“The [5th Amendment] privilege protects
against compelled testimonial communications...” U.S. v. Conklin (1994), WL. 504211 (10th
Cir. Colo.)
No one has been able
to collect the $50,000 reward offered by William Conklin (www.anti-irs.com) to
anyone who can
1) show how to file a
federal income tax return without waiving one's 5th amendment rights, and
2) identify the section
of the Internal Revenue Code that makes a typical worker liable to pay an
income tax.
THIS ADVERTISEMENT IS OUR “CALL TO
ACTION.” IF WHAT YOU JUST READ MADE YOU ANGRY (WITH THEM OR WITH US), OR IF YOU
JUST WANT TO KNOW MORE, CONTACT US. WE’LL SEE THAT YOU ARE UPDATED REGULARLY ON
THIS IMPORTANT ISSUE.
GO TO WWW.GIVEMELIBERTY.ORG AND CLICK ON “UPDATE ME.” Jefferson said it best, “When the
government fears the people,
you have liberty. When the people fear
the government, you have tyranny.”
Sponsored by the “We The People Foundation for Constitutional
Education, Inc.” www.givemeliberty.org
The Internet Sites to
Start Your Education:
www.tax-freedom.com
Comprehensive
information on tax, constitutional issues.
www.givemeliberty.org
Hosts of this ad and
sponsors of the Remonstrance/Grievance.
www.thelawhatneverwas.com
Bill Benson's detailed
legal research exposing the FRAUD-ULENT RATIFICATION of the 16th Amendment. *Buy his 2-volume report!
www.taxableincome.net
*Free download of
report, “Taxable income.”
www.freedomabovefortune.com
Ex-IRS agent quits in
1999 because the IRS refused to rebut his research showing the illegal status
of the income tax system. *Free viewing
of report.
www.anti-irs.com
A case in Federal Court
of Appeals proves you cannot file an income tax return without waiving the 5th.
Read about the $50,000 challenge! *Free
download of his book.
www.taxgate.com
Comprehensive research
on tax, constitutional issues.
The Free Enterprise
Society
1-800-794-1791
Resource for Federal and
CA tax issues. Runs a criminal legal
defense fund.
www.devvy.com
Info on the Federal
Reserve, money, taxes, constitutional issues, etc.
www.freedomlaw.org
Educates Americans about
U.S. and CA tax law.
www.NITE.com
Information on
Proposition #2, especially for employers.
www.paynoincometax.com
Irwin Schiff's site.
Author & Lecturer on income taxes.
*** Special Site for Bankers &
Economists!
www.gata.org
Learn how the price of
gold is being illegally manipulated to hide inflation and the very large risks
for the global economy. * Free download
of report (.pdf)