The
Supreme Court has determined and held that:
'Income may be defined as the gain derived from capital, from labor, or from both combined,'
provided it be understood to include profit
gained through a sale or conversion of capital assets…, Eisner
v. Macomber, 252 U.S. 189, 207-208 (1920)
The essential
element to income being a realized GAIN or
PROFIT on assets, capital, or labor (or
combination), and NOT MERELY the earning of dollars.
We are all completely familiar with how
this works when we buy and sell stock.
First, we buy the stock for $25, and then later, we sell the stock for
$40. How much income is there? Well, we take the sale price of the stock
($40) and subtract the purchase price of the stock ($25 - the basis), to arrive
at a figure of $15 gain, or profit, or income per share. Then we multiply that profit times the number
of shares we bought and sold to arrive at the gain or profit upon which income
tax may be alleged to be due. And the
government itself recognizes this accounting as proper, and will only ask for
tax on the $15 gain or profit, not the whole $40 sale price, as identified by
the Supreme Court in this Eisner decision.
Please NOTICE
that in order to calculate the taxable income it is necessary to subtract the
BASIS (costs) from the SALE PRICE (receipts).
The IRS will NOT demand tax on the whole $40 sale price in the example
above, but rather will only demand tax on the $15 profit, or gain.
Again, we are completely familiar with how
this works with the corporations. Exxon
and Chevron, it recently has been announced, are each currently earning over
110 billion dollars a quarter. Is that
the figure they will state on their tax returns as their income for the
quarter? Absolutely NOT. First they are going to
deduct, rent, leases, wages, bonuses, contract salaries, office supplies, phone
bills, electric bills, gas bills, insurance expenses, meals, hotels, etc., on
1,000 offices and 100,000 employees all across the planet. Next they are going to deduct actual losses,
asset depreciations, non-performing loans, research costs, drilling costs,
shipping costs, energy costs, emergency costs, security costs, spill response
and clean-up costs, interest costs, etc.
Did I leave anything out, oh yea, about 20 pages worth, but you get the
picture. You can be sure that when they
are done deducting their allowable expenses they will only have a few billion
(11) as income to pay tax on, and
will not declare the entire 115
BILLION THEY EARNED in the quarter as taxable income. Does anybody want to take this bet? And, of course it will all be perfectly
legal, won’t it?
AGAIN, please notice
that in order for the corporation to calculate the taxable income it is
necessary to subtract the BASIS (costs) from the corporate EARNINGS
(receipts). And again, the IRS will NOT demand tax on the whole $110
billion earned, but rather will only demand tax on the calculated profit or actual gain that was realized over the year after all expenses are
deducted from the earnings.
So, we see a common requirement in
calculating taxable income. One must
subtract the COSTS from the EARNINGS to deduce the gain, which is the only
taxable income. It is NOT THE EARNINGS
that are the income subject to the tax, BUT THE GAIN within those earnings
which is defined as the taxable income.
SO AS AN INDIVIDUAL, WHEN YOU
FILE A FORM 1040 REPORTING THE FRUITS OF YOUR OWN HARD LABOR, WHAT HAPPENED TO
THE DEDUCTION FOR YOUR LIFE’S COSTS!
WHERE IS YOUR BASIS?
Don’t
you have any costs associated with providing your labor, like a place to sleep
every night? Oh yea, and maybe some food
to eat? Got any other costs in your
life? I know I have a few.
Do you have any costs associated with
maintaining your employment? Like maybe
your mortgage? NOT just the interest on
the mortgage, BUT THE WHOLE DAMN THING!
How about food, do you need to eat in order to work? How many times a day? How about getting to work, got any costs
there? Telephone bills? Utility bills? Got any Losses? They are all completely deductible to the
corporations, WHY NOT YOU? How about
those kids of yours, any expenses there?
Do they wear clothes, or eat? How
about your health, got any expenses there?
Can you work without your health?
Everything you have to spend to
live a normal life (or to maintain the life you are used to), should be a deductible expense, just like
it is for the corporations.
The income tax is not imposed on wages or your
earnings, per se, but only on the income – which is defined as the gain or profit, and which is not
defined as the whole wage. It is the
profit or gain that is subject to the income tax, not simply the earnings.
So how do you separate out any gain portion
from a labor wage to identify what part of the salary is taxable
profit? This is the question the
government has conveniently forgotten to provide the answer to, in order to unlawfully
convert this tax from an indirect tax on capital profits, to a communistic tax
on labor.
The government conveniently converts this
entire tax system into a communistic system of control over labor, when it
converts the indirect income tax imposed on capital gains (or profits), into an
unconstitutionally direct tax on labor.
Particularly so, when it refuses to recognize or admit any costs or
basis to be deducted or applied to the earnings of a laborer in order to
determine the gain portion of the labor wage that might be subject to an income
tax.
BUT, THERE IS NO
GAIN OR PROFIT when you labor for pay.
There is an equal exchange of
property between two agreed parties.
An agreed amount of labor is exchanged for an agreed amount of
dollars. There is no profit or gain
realized by either party to the transaction. Both parties to the agreement
receive only exactly what they put into the agreement – and this is mutually
agreed to by both parties, neither of which is ever willing to provide more than
they must to balance what the other side is offering. Their assets are merely converted from one
medium to another (by the other party to the transaction), but their assets are
not increased, and certainly NO GAIN is REALIZED from the labor, by the laborer!
The only people who actually have a gain or
profit on labor are the contractors that provide the labor to a client at a
premium, for a price greater than the amount that the contractor actually pays
the laborers actually doing the work.
i.e.: Company X hires a laborer and pays
him $60,000 a year for 2000 hours of work (employment). Company X then provides the services of that
laborer, under contract to the Defense Department let’s say, for $100,000 a
year. Who has income on the labor? The laborer? – No. He has no gain or profit, hence no
income. He gave up all of his time and
hard work in an equal exchange of property, labor for dollars. It is
Company X that has the income. They
made a $40,000 gain and profit on the labor performed in the deal,
and they have the taxable “income”. The
laborer did not earn a single penny of
profit or gain, hence - has no income, and should owe no income tax on the
fruits of the labor that was performed.
Indeed, just like the
corporations, the laborer certainly has costs and expenses associated with his
labor, and in maintaining a state of readiness to work. So, why is there no provision for
individuals to claim all of the exact same type of operational and administrative
costs and expenses that corporations claim regarding their existence without
question, except for that lousy $3,050 exemption we get on the Form 1040? My God, People, $3,000 is what it took to
live in 1945. Can you survive on $3,000
a year now? They raised the tax rate,
why didn’t they raise cost-of-living allowance provided by this so-called
“exemption”?
Why is there no provision for
individuals to claim the exact same basis costs that corporations deduct as
costs without question?
Because this tax is about
CONTROLLING YOU, not raising revenue for the government! That’s WHY!
It is absolutely INSANE for no BASIS to
be applied and for no costs to be
deducted from earnings derived from
labor when the individual files a Form 1040 reporting the fruits of his
human labor. Why is the individual the
only entity not allowed to deduct costs from earnings in order to calculate his
taxable income when derived from LABOR. EVERYBODY ELSE
DEDUCTS THEIR COSTS to calculate the tax! This discriminatory and prejudicial treatment effected by
denying the citizens any reasonable amount of living expenses or costs to
deduct from their LABOR (as a basis), while allowing the deduction of those
costs and expenses within all the other algorithms for calculating taxable
income, is completely prejudicial and improper, and results in an unconstitutional system that
improperly taxes labor directly, instead of only taxing capital profits and "gains"
indirectly, as was, and is still, promised in the propaganda promoting the income tax.
It effectively, completely
transforms the income tax from a constitutional indirect tax on CAPITAL gains
and profits, which is what was sold to the people in 1913 (and still is today), into an unconstitutionally direct, communistic tax on LABOR – which was
never authorized or upheld by the courts, and has in fact, as shown in this website, NEVER ACTUALLY BEEN ENACTED INTO LAW.
The law and Congress, never intended for the American citizen to be taxed on all of his
earnings and the fruits of his labor. The early Supreme Court decisions make that
absolutely clear. The income tax was "sold" to the American people
as being intended to be applied ONLY
to the GAIN or PROFIT that actually constitutes INCOME, rather than to be
imposed on all Americans' earnings, and on all of the fruits of our labors, which are simply not the true or proper subjects
of the income tax.
In arguing that all labor earnings are directly
taxable, and that there are no costs at
all incurred in providing that human labor, except for that lousy $3,050,
our government shows just how sick and
mentally defective its thinking has become.
Do you want to know where they got their thinking from? Then read the second plank of the Communist Manifesto – because that’s where they got it,
and THAT’S WHAT THEY’RE PRACTICING – COMMUNISM.
They are not practicing the
law as it is written, nor are they obeying the Constitution.
This, of course, is one of the primary
controlling “mechanisms” that has been fraudulently used by the Internal
Revenue Service since 1944, when America first began withholding income tax
(that, as we have shown, was not actualy
owed) from citizens, under the new employment tax laws that had just been
passed, to effectively reduce the American People to a state of involuntary
servitude (even though they don’t realize it – which shows just how insidious
these lies are), which has been made manifest by this absolute and direct,
communistic control that the government has assumed over the fruits of our
labor through the mal-administration of this income tax.
More on What Legally Constitutes
“Income”,
And On Statutory
Construction when imposing taxes,
And on how and why there is NO tax clearly Laid On the Citizen’s Income.