Fwd: |World-Wide_Politics| "17 Reasons I Refuse to File an Income Tax Return," by Will Kesler (1/19/2012)

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Subject: |World-Wide_Politics| "17 Reasons I Refuse to File an Income Tax Return," by Will Kesler (1/19/2012)
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"Funnny Farm WWP Member and Allis Chalmers Owner " <ftgfarm@yahoo.com>;
Thursday, January 19, 2012
17 Reasons I Refuse to File an Income Tax Return
Will Kesler
Activist Post

1. Accepting a commission in the USAF I solemnly swore an oath to God that I will support and defend the Constitution of the United States against all enemies, foreign and domestic and that I will bear true faith and allegiance to the same. Therefore, I have publicly refused to file an income tax return for the past 12 years. If brought before a jury of my peers, the following will be my defense against charges stemming from my decision not to file an income tax return.

2. Mens Rea, or "guilty mind," is a central distinguishing feature of criminal law. Criminal liability generally requires not only causing a prohibited harm or evil . . . but also a particular state of mind, an act done with a bad purpose or evil intent. Therefore, it is essential to explain my intent in allegedly violating Section 7203 of the Internal Revenue Code (IRC).

* In fact, during the 12 years I have not filed a return I published over a dozen columns in the Aspen Daily News, self-published a book, marched in parades and spent days on the Pitkin County Court House steps. From start to present I have knowingly placed myself at considerable risk, as I documented my stance (brevity limits this discourse) and expressed my intent to 1. Expose tyranny 2. Force our government to obey the law and 3. Scrap our hopelessly flawed and corrupt system of taxation.
* In retaliation the IRS assessed me for 11 million dollars they claim I owe for the year 2002 (I am a man of modest means). Then, without complying with due process as required by Section 6320 of the IRC the IRS gained control over everything I owned and stole my liquid assets.
* This goes far beyond income tax into the heart of a government that is profoundly out of control. 3. The law I allegedly violated is Section 7203 of the IRC "Willful failure to file." To convict me of this crime the government must prove two elements, each one beyond a reasonable doubt. First, that I am a person required by law to file a return and second, that the failure to file was willful.

4. In U.S. v. Bishop [412 US 346] the Supreme Court ruled that, "The requirement of an offense committed willfully is not met if a taxpayer has relied in good faith upon a prior decision of this court." I am, in fact, relying in good faith on numerous Supreme Court decisions.

5. If the IRS required a citizen to file they would be in direct conflict with numerous Supreme Court decisions. For instance, in Brushaber, the landmark case regarding the 16th Amendment, the Supreme Court ruled that a new, direct taxing power, not limited by apportionment or uniformity, would "Cause one provision of the Constitution to destroy another," and "If acceded to would create radical and destructive changes to our Constitutional system." The Supreme Court thus ruled "Taxation on income was in its nature an excise (indirect) tax entitled to be enforced as such." An indirect tax must be uniform.

* Also, in Stanton v. Baltic Mining Co. [240 US 103 (1916)] we find "The 16th Amendment conferred no new power of taxation but simply prohibited the previous complete and plenary power of income taxation from being taken out of the category of indirect taxation to which it inherently belonged."
* The Harvard Law Review confirms that income tax is indirect in vol. 29, pages 536-8 which states, in essence, that "In Brushaber, Chief Justice White, construed the 16th Amendment as a declaration that an income tax is "indirect" rather than making an exception to the rule that direct taxes must be apportioned. 6. The Supreme Court has ruled that "income" denotes the following "The word must be given the same meaning in all the income tax acts of Congress that was given it in the Corporation Excise Tax Act and what that meaning is has now become definitely settled by decisions of this court." [Merchants Loan v. Smietanka 255 US 509 (1921)].

* The Corporation Excise Tax Act defined "income" as a corporate profit.
* Also "Whatever difficulty there may be about a precise scientific definition of 'income,' it imports something entirely distinct from principal or capital either as a subject of taxation or as a measure of the tax; conveying rather the idea of gain or increase arising from corporate activities." [Doyle v. Mitchell Brothers, 247 US 179 (1918)] 7. Whereas I have no "income" as defined by the Supreme Court I need not file an "income" tax return. Furthermore, ignoring the constitutional definition of "income" creates blatant discrepancy. A corporation computes "income" tax on profit, while an individual computes "income" tax on wages earned. There is a vast and malicious difference.

8. In Boyd v. US [116 US 616] the Supreme Court ruled "A taxpayer may refuse to exhibit his/her books and records for examination on the ground that compelling him/her to do so might violate his/her right under the Fifth Amendment and constitute an illegal search and seizure under the Fourth Amendment."

* Also from Boyd "It does not require actual entry upon premises and search for and seizure of papers to constitute an unreasonable search and seizure within the meaning of the Fourth Amendment; a compulsory production of a private party's books and papers, to be used against himself or his property in a criminal or penal proceeding, or for a forfeiture, is within the spirit or meaning of the Amendment." 9. Given that Boyd v. US states that a citizen can legally withhold books and records, the IRS would be in direct conflict with the Supreme Court if it required a citizen to file a return, which is simply a summary of books and records. Therefore, and for many other reasons, the IRS does not require a citizen to file.

10. The title of Section 6012 of the IRC states "Persons required to make returns of income." However, according to the IRC [section 7806(b)] a code section's title is not part of the law. In the body of code section 6012, where the law resides, we find "Returns with respect to income taxes under subtitle A shall be made by the following…

* The Supreme Court [Cairo v. Hect, 95 US 170] held "As against the government the word 'shall' when used in statutes is to be construed as 'may' unless a contrary intention is manifest."
* Also "The word 'shall' in a statute may be construed to mean 'may' particularly in order to avoid a constitutional doubt." [Fort Howard Paper v. Fox River Sanitary Dist., 26 NW 2nd 661]. ~The IRS could have, but does not, use the word "required" in the body of code section 6012. 11. There is also no law that requires withholding or paying estimated income tax. The IRC defines a "withholding agent" at IRC 7701(a) (16) as only required to deduct and withhold income tax from nonresident aliens and foreign corporations. Therefore, no law requires income tax be withheld from citizens living in America.

* Title 26, Subtitle f, Chapter 68, Subchapter A, Part 1, Section 6654 of the IRC states "Failure by individual to pay estimated income tax (e) Exceptions… (2c) If the individual was a citizen or resident of the United States throughout the preceding year. Every year millions of citizens pay estimated income tax while their exemption is hidden deep in the IRC. 12. In fact, the IRS has insisted for decades that filing a return and paying income tax is based on "voluntary compliance." In 1971 the 1040 booklet declared "Each year American taxpayers voluntarily file their tax returns and make a special effort to pay the taxes they owe." ~In 1980 the 1040 booklet stated "The primary task of the IRS is to collect taxes under a voluntary compliance system." Webster's Dictionary defines "voluntary" as "something done of one's own free will, without legal obligation."

* The Federal Register [vol.39 March 29, 1974] states "The mission of the IRS is to encourage and achieve the highest possible degree of voluntary compliance with the tax laws and regulations.
* The Supreme Court ruled in Flora v. U.S. that "Our system of taxation is based upon voluntary assessment and payment, not upon distraint." 13. In 1953 Dwight E. Avis, then Director of the Alcohol and Tobacco Division of the IRS, testified under oath, before Congress, that "Your income tax is 100% voluntary tax and your liquor tax is 100% enforced tax. Now the situation is as different as night and day." [Hearings: Internal Revenue Investigation, 1953.]

* Note, I sincerely believe Dwight E. Avis. 14. The Supreme Court ruled in Cheek v. U.S. [498 US 192 (1991)] that in relation to income tax "A good faith misunderstanding of the law or a good-faith belief that one is not violating the law negates willfulness, whether or not the claimed belief or misunderstanding is objectively reasonable."

* The 1998 U.S. Attorney's Bulletin 19 states "In the seminal case of Cheek v. U.S. the Supreme Court held that a taxpayer's 'belief' that he or she was not required to file a tax return, however incredible such a misunderstanding of and beliefs about the law might be, does not have to be objectively reasonable. Rather, the standard is a subjective one." 15. While this discourse proves, beyond a reasonable doubt, that I am not required to file, the Supreme Court has ruled, thus it is a law of this land, that I need not be legally correct; I need only possess a sincere belief.

In essence, I have discovered a pattern of deception that I cannot ignore and keep my oath to God. As I have revealed why, as my actions have proven, I have a good faith belief that I am not required to file, thus my failure to file is not willful.

16. While America celebrated the New Year, Obama authorized the military to detain American citizens indefinitely, without rights supposedly guaranteed by our Constitution, by simply labeling anyone a "terrorist." I am a decorated Viet Nam Veteran, I have no criminal record and yet because I have realized the above and am a tax protester I have been labeled a "domestic terrorist" along with, under the Patriot Act "someone who breaks a state or federal law and endangers the welfare of others."

17. Time is quickly running out. We either demand our rights proclaimed by our Constitution or freedom is lost. We can starve the beast and expose tyranny before it is too late. Simply honor your responsibility as a citizen and send the following letter to the IRS.

Dear IRS,
Whereas the Internal Revenue Code defines a "withholding agent" at IRC 7701(a)(16) which states, "The term 'withholding agent' means any person required to deduct and withhold any tax under the provisions of Sections 1441, 1442, 1443 and 1461." The first three sections apply to nonresident aliens and foreign corporations, while 1461 simply makes the agent responsible for monies collected.

Therefore, as I am neither a nonresident alien nor foreign corporation my employer is not required to withhold income tax from my paycheck and since I no longer choose to volunteer, I submit this letter and demand the appropriate form/ instructions, based on the above definition, i.e. the law, which I can then present to my employer to legally halt having income tax withheld from my paycheck.

(signed) A. Patriot

The price of freedom is eternal vigilance. [Thomas Jefferson]

Will Kesler is an anti-income tax activist living in Aspen, Colorado

I learned a lot a little too late,Donut learn as I did.  Take care & beware,FTG  The sun shineth upon the dunghill & isnt corrupted. We fear things in proportion to our ignorance of them. Confutatis maledictis, flammis acribus addictis  http://wp.me/PmtmV-4W2     
                 

Fully Informed Jury Association

Tax Return," by Will Kesler (1/19/2012)

 
http://www.activistpost.com/2012/01/17-reasons-i-refuse-to-file-income-tax.html

Will Kesler
Activist Post

1. Accepting a commission in the USAF I solemnly swore an oath to God that
I will support and defend the Constitution of the United States against all enemies, foreign and domestic
and that I will bear true faith and allegiance to the same.

Will Kesler is an anti-income tax activist living in Aspen, Colorado

Note:  The Constitution confers ALL legislative authority upon the Congress:
Executive Branch agencies have NO legislative authority whatsoever:

NOW HEAR THIS:

http://www.supremelaw.org/sls/2amjur2d.htm   (seeCommissioner v. Acker)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=361&invol=87

... [T]herefore, to uphold this addition to the tax would be to hold
that it may be imposed by regulation,
which, of course, the law does not permit.
United States v. Calamaro, 354 U.S. 351, 359 ;
Koshland v. Helvering, 298 U.S. 441, 446 -447;
Manhattan Co. v. Commissioner, 297 U.S. 129, 134 .

See also:

http://www.supremelaw.org/sls/31answers.htm

--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm  (Home Page)
http://www.supremelaw.org/support.policy.htm  (Support Policy)
http://www.supremelaw.org/guidelines.htm  (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)

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