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Readers of 'Cracking the Code- The Fascinating Truth About Taxation In America' have already retained or recovered well over

from the federal and state governments-- including Social Security and Medicare 'contributions'-- and kept it in their own pockets where it belongs, simply by knowing what the law actually says. These Americans have gotten back every penny they've paid or had withheld from them during the year in connection with the "income tax", and have secured written acknowledgements that they owed nothing-- many for several years in a row now.
YOU NEED TO KNOW THE TRUTH, TOO!!
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Newsletter Archives
(Generally, the last eight weeks or so of newsletters will be archived here.)
April 9 through April 22, 2010
NOTE: Certain links found on this page will not necessarily work correctly, or may take you to current posts instead of those contemporaneous with the edition in which the link is found (which will instead be found elsewhere within that archived edition).
Current Events and Continuing Education for the 9th through the 22nd of April, 2010
"A slave is one who waits for someone to come and free him."
-Ezra Pound
Mid-Edition Update, April 16, 2010
About Liars Who Seek To Keep You From Learning The Truth
A Few Good Words On Current Events
Rasmussen: Ron Paul Already Even With Obama For 2012 Presidential Votes
A Few Tips For Making Best Use Of This Site
Plus, illuminating anniversaries for this new week are posted throughout the page below, as always!
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Here Are Some More Of This Edition's Highlights (Click on article and feature titles below to jump to the listed item. Use the "Back" button on your browser to return to this contents section. Better still, just scroll and read it all, including the many non-linked items that I'm sure you'll enjoy and appreciate!) |
Regular Features: |
And, as always, much, much more...
Dear friends, I'm delighted when anyone wishes to share what I have posted here with others! Sharing this page is an important means of moving toward the restoration of the rule of law. But I'd appreciate your doing so by directing your friends here themselves, rather than by copying and emailing the material.
Thank you for your courtesy.
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You can't understand the present if you don't understand the past... Illuminating Anniversaries Of This Week April 16- In 1862, slavery is outlawed in the District of Columbia-- a year after the start of the War Between the States. In 1941, Bob Feller throws an opening-day no-hitter for the Cleveland Indians against the Chicago White Sox. In 1943, Albert Hofmann takes his first trip. In 1947, approximately 2,300 tons of ammonium nitrate exploded in a cargo ship in the harbor of Texas City, Texas, wreaking enormous destruction. In 2007, a lone gunman successfully kills or wounds 55 American adults who had been denied the means of self-defense under the policies of Virginia Tech.
Anniversaries of interest for each day of the upcoming week will be found throughout the newsletter below. *** Use the "Back" button on your browser to return to the contents section, or just keep reading! |
This is just for those in the "tax honesty" community...
"It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." -Samuel Adams
Warriors, don't miss the every-other-Wednesday PalTalk e-conference! The next get-together is April 28! Click here for details.
"To preserve [the] independence [of the people,] we must not let our rulers load us with perpetual debt. We must make our election between economy and liberty, or profusion and servitude. If we run into such debts as that we must be taxed in our meat and in our drink, in our necessaries and our comforts, in our labors and our amusements, for our callings and our creeds, as the people of England are, our people, like them, must come to labor sixteen hours in the twenty-four, give the earnings of fifteen of these to the government for their debts and daily expenses, and the sixteenth being insufficient to afford us bread, we must live, as they now do, on oatmeal and potatoes, have no time to think, no means of calling the mismanagers to account, but be glad to obtain subsistence by hiring ourselves to rivet their chains on the necks of our fellow-sufferers." – Thomas Jefferson
Three great NEW animations: 'The Great Ducking Of America' 'Learn How To Get YOUR Stimulus Check' 'Improbable History- You Decide!' See and share them all!
JOIN THE THOUSANDS OF WARRIORS IN CtC FORUMS!
Set a brushfire-- E-mail this newsletter to a friend
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“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” -James Madison
How About You?
Are You Governing Yourself?
Get The Knowledge, Reclaim Your Power, And Stand With The Founders
MORE ILLUMINATING EDUCATIONAL RESOURCES
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Have You Visited This Page Yet?
Set a brushfire-- E-mail this newsletter to a friend
CtC Warrior David Sides says, "Bumper stickers? Nice, but NOT BIG ENOUGH!"
(By the way, Dave's got it precisely right-- If you want your power to be secure, your neighbors have to be empowered with the same knowledge that you've acquired. Click here for ideas about spreading the truth.)
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There is little more important to the long-term health of America than how our children are educated.
The March To Victory There is only one place where actual, positive victories on behalf of the truth about the income tax are being won, and that is within the ranks of those educated by 'Cracking the Code- The Fascinating Truth About Taxation In America'. Here are this week's additions to the ever-growing mountain of such victories, each of which represents a concrete shift of overall power and control away from the state and back to individual Americans where it belongs. Do you have a victory to share? Click here to learn how to do so.
If You're Not Standing Up, Then You're Standing Down
Taking Action (And ONLY Taking Action) Brings Results
Ever notice how everybody complains about the overgrown, arrogant federal government, but nobody actually does anything about it? Well, actually, some of us DO do something about it.
The Americans you're about to meet know the difference between talking the talk and walking the walk. These heroes read 'Cracking the Code- The Fascinating Truth About Taxation In America' and learned the truth, the whole truth, and nothing but the truth about the "income" tax. They know who's really in charge, and how, and why. They're done arguing with the social director about the best arrangement of the deck chairs on the Titanic, and have gone down to the engine room to make some changes. (Interestingly, April 15 was the date the Titanic sank...)
NOTE: Unless otherwise indicated, all posted federal victories are of ALL amounts withheld or paid in, which includes amounts withheld as ostensible "Social Security and Medicare taxes" as well as those more directly denominated as "federal income taxes".
CtC Warrior John Sytsma has learned the accurate truth about the law, and risen to take action. Having concluded, after study of the relevant law, that his earnings during 2006 were not a result of any taxable activities, John filed a Minnesota return accordingly. On May 18, 2009, John enjoyed the return of all of his property withheld and given over to the state, plus interest. Enjoy John's first victory for the rule of law at www.losthorizons.com/tax/MoreVictories41.htm.
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CtC Warrior Tracy Banks isn't just waiting for someone else to take responsibility for the course her beloved country is on, either. Tracy shares her first victory this week-- the return of everything withheld from them and given over to Minnesota in connection with the "income" tax during 2007, on June 30, 2009. Enjoy Tracy's debut victory at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior A. M. is standing up on behalf of our rule of law, too. A. shares his first CtC-educated victory this week-- a February, 2010 "closing notice" from the federal government acknowledging his accurate return on which all allegations of his receipt of "income" during 2008 were rebutted, and in such particularly plain terms that his becomes the latest of the Victory Highlights. Enjoy A.'s victory for truth, justice and the American way there and at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior Milton Shaw is also in action. On March 1, 2010, Milton secured his first victory on behalf of the rule of law-- the return of everything that had been withheld from him and turned over to the federal government in connection with the "income" tax during 2009. Enjoy this uplifting victory for the vision of the Founders at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior Alex _ is standing with these fine folks and the rest of the CtC community on behalf of all of our rights. On March 19, 2010, Alex secured his sixth victory-- a complete refund from the federal government of everything withheld from him and given over to it in connection with the "income" tax during 2009. Enjoy Alex's latest victory for the rule of law at www.losthorizons.com/tax/MoreVictories42.htm.
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...and just 14 days ago, on March 26, 2010 CtC Warriors Jason and Brigitte E. secured their first victory for the rule of law-- the return of all property withheld from them and given over to the federal government in connection with the "income" tax during 2009.
Jason and Brigitte's debut victory in enforcing the Constitution, like those of the rest of these good Americans, joins all the others in the ongoing river of evidence of the accuracy of 'Cracking the Code-...' flowing without interruption...
...well over six years since the beginning of intense IRS efforts to suppress the book;
...almost five years since the DOJ itself moved for dismissal of three different IRS efforts to attack CtC as "promoting false or fraudulent tax schemes" in three different courts across the country in 2004 and 2005;
...more than three years since a carefully-inaccurate description of a typical CtC-educated filing was listed as #1 on the IRS "Dirty Dozen" list (the Sixth Circuit Court Of Appeals recently excused this and similar efforts to mislead, declaring that the government can't be prohibited from "SUGGESTING [that CtC] promotes false or fraudulent tax schemes" (emphasis added));
...more than three years since the launching of the hokey and contrived IRS PR-campaign "lawsuit" against my wife and me, ostensibly seeking to recover refunds made to us several years ago which even the United States Treasury Department acknowledges were, and remain, perfectly proper;
...and well over a year since the IRS launched a vicious assault on me personally in a desperate, deeply corrupt effort to cow the educated into paralysis and frighten the ignorant away from the liberating truth, so as to continue successfully bleeding both into penury and subjugation .
Celebrate Jason and Brigitte's upholding of the law and all the hundreds and hundreds of others at www.losthorizons.com/tax/MoreVictories42.htm and on the dozens of other victory pages.
Current Posted Total:
Do you have a victory to share? Click here to learn how to do so.
How About You? Have You Done Your Fair Share In Support Of The Rule Of Law ?!Or are you STILL unable to let actual hard facts and evidence overcome the mere propaganda you've been fed all your life by those with a well-defined and substantial financial interest in keeping you mindlessly ignorant of the truth about the tax?
If this is still true, after everything you've read to get to this point, you're probably hopeless, but click here, anyway.
Set a brushfire-- E-mail this newsletter to a friend
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By the way, those who have stood up and taken proper action WITHOUT having yet enjoyed a lawful response are already victors as well. The moment that a timely, proper and accurate filing is made the virtuous blow on behalf of the rule of law has been struck.
The moment that a timely, proper and accurate filing is made the entire exploitation-of-ignorance-as-usual machine stops dead for that filer and that period, and there's no restarting it again (unless the filer can be intimidated into rescission...). At that point, all current and future illegitimate claims to the filer's property are undone, and the filer's claim for the return of any relevant property is established. It's just a matter of waiting for the headless chicken to stop running around.
However, I don't have a simple way to display victories at that stage of progress.
If you're in the category of those who have acted, but whose proper filings are being resisted, rest assured that your victory IS recognized and honored.
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Aren't You Really, Really Glad YOU'VE Taken Control Of Whether Any Of YOUR Money Goes To Washington, Just As The Founders Intended?
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(Scroll down to see all articles in this update)
"The preservation of a free government requires, not merely that the metes and bounds which separate each department of power be invariably maintained, but more especially that neither of them be suffered to overleap the great barrier which defends the rights of the people. The rulers who are guilty of such encroachment exceed the commission from which they derive their authority, and are TYRANTS. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them and are slaves….." -James Madison
Aren't You Really, Really Glad YOU'VE Taken Control Of Whether Any Of YOUR Money Goes To Washington, Just As The Founders Intended?
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About The Endless Mendacious Assaults By Those Who Don't Want YOU To Learn The Liberating Truth About The "Income" Tax
(And read it all the way through.)
(Read this one, too.)
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A Few Good Words on Current Events
They Protest Too Much by Butler Shaffer It’s known as "projection": the trait by which one attributes to others various "dark side" attitudes and motivations. The current practice of accusing the Iranian government of warlike intentions in order to rationalize one’s own desires to attack that country is one example. Another instance is found in the efforts of numerous Democratic party supporters to explain the opposition to Barack Obama’s policies as racist-driven. Such "liberal" commentators as Chris Matthews, Keith Olbermann, Alan Colmes, Colbert King, and Frank Rich, along with former president Jimmy Carter, have strained and contorted their minds to suggest that "much" of the criticism of Obama programs – particularly that found in the "Tea Party" movement – arises from people who are uncomfortable with a black man as president.How has race played into the Obama presidency? To begin with, we must identify the factors that led to this man being elected to that office: (a) he was the "not George Bush" candidate, and (b) for many, he was the opportunity for the United States to have its first non-white president. These considerations, alone, led to his victory in 2008. He offered no clearly-defined programs or policies: "change" and "hope" were about the only words to appear on his behalf on billboards and bumper-stickers. He did not campaign on promises to escalate American wars in the Middle East; to expand the American empire; to nationalize the banking, insurance, auto manufacturing, and health-care industries; or to circumvent the often dilatory processes of Congress by his appointment of "czars" to run the varied sectors of American society. "Hope" and "change" were sufficient bromides to persuade a thoroughly befuddled Boobus to stagger into voting booths to elect this man. In these post-2008 years, I totally dismiss everything establishment Republicans and conservatives have to say about Obama’s shortcomings and their own "alternatives." It was the unprincipled mindlessness of this crowd – cheering on every utterance offered by the Bush/Cheney/Rove/Rumsfeld contingent, as well as their neocon media flacks – that produced the immoral and destructive policies that got Obama elected; policies he now kicks into high-gear! Ron Paul was – and continues to be – the only Republican to condemn the GOP’s embrace of rampant statism. The dismal state of this party is seen in its contemptuous treatment of Ron. If race is to be considered a major factor in the assessment of Obama, what is to be said of the support he received during the 2008 campaign? I saw a number of post-election polls indicating that, among black voters, Obama received some 95% of their support. Some 40% of white voters, on the other hand, selected Obama. While traditional party loyalties may explain some of this differential, that 40% of white voters favored Obama, while only 5% of blacks voted for McCain, may introduce a racial factor that "liberals" want to overlook. When, on election night, MSNBC’s Chris Matthews announced "I’m going to do everything I can to make this thing work – this new presidency," to what "thing" was he referring? It certainly was not the success of any announced policies, as nothing of any substance had been promised. I received similar comments in e-mails from "liberal" friends, causing me to wonder if a black president’s programs were to be favored over those of a white president and, if so, why? Are those who try to convince you that race motivates many of Obama’s critics, projecting their own sense of uneasiness for allowing race to be the basis for their support? One cannot understand modern political behavior without grasping a basic truth of which your high-school civics class teacher did not inform you: we have a one-party system consisting of two interconnected franchises, each under the complete control of the political establishment. If you would like to put Janus-like faces to this arrangement, think of that frequent media guest, David Gergen, a man who served as a bipartisan presidential advisor to Nixon, Ford, Reagan, and Clinton. Or look upon the married couple, Mary Matalin and James Carville: she a valued GOP advisor to George W. Bush and Dick Cheney; he a Democratic advisor to Bill and Hillary Clinton. Click here for the rest of this article
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Halloween Comes to the Subways by Fred Reed Give me strength. Washington has lost yet another round to its Islamic enemies. Gaming America is so easy. The pattern is that Islam’s fascists do something cheap but gaudy, whereupon in response our federal fascists do something comic, hysterical, ineffective, expensive and, usually, unconstitutional. Oh good. This time a couple of women explode on a subway in Moscow, and in New York all manner of absurdly armed Robocops rush into the city’s subway with military paraphernalia dangling from all attachment points. Armor. Helmets. Steely gazes. And what appear to be M16s, described by the press as machine guns, which they are not, and as submachine guns, which they are not, and as assault rifles which, if they are selectable full-auto, they are. Nothing like high-velocity full-auto in a crowded subway car. I mean, all of this is so practical. How much does this have to do with security? About nothing. Think. Mahmud the Mad Mullah Boomer, currently in Peoria, decides that he wants to blow himself up in the subway in New York. He sashays over to the airport and buys a round-trip ticket to JFK. Here we have an example of how the terrorist profile guarantees that terrorists won’t be detected: Everyone knows that holders of one-way tickets are harassed unmercifully, subjected to proctologic invasion, having their fillings removed, and God knows what all, because they might be terrorists. Thus any serious terrorist will buy a round-trip ticket. The terrorist profile targets only non-terrorists. I can’t think of anything more useful. Can you? If Mahmud already has his Semtex or PETN, he simply drives to New York in a rental. So much for the Department of Homeland Servility. Once in the Magnum Macintosh, Mahmud gets a close shave, puts on a pricey suit, stashes the infernal substance in a stylish briefcase, and heads for the subway. Like any terrorist other than a wing-nut amateur, Mahmud doesn’t look like a terrorist. Meanwhile, the subway is jammed with swarthy men speaking guttural languages in low tones, young punks with green spiked hair, bag ladies muttering and drooling with their eyes pointed in different directions, and people arguing with the little voices that come from the transmitters the CIA planted in their teeth. By contrast, Mahmud looks like a respectable looter from Wall Street. At rush hour Mahmud dives into the underground. Five thousand people an hour, or maybe ten thousand, or at any rate whole lotsa, people flood through, throwing elbows. So the city’s swatted-out Maximum Deadlies from the Secret Ninja Rifles are conducting Random Searches, the most useless of many useless security measures. Random searchers are never random, of course. The guy with the Harley logo tattooed on his eyeballs will always get pulled before the boringly legit banker. Mahmud sails by. Click here for the rest of this article
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Confirmed: Obama authorizes assassination of U.S. citizen by Glenn Greenwald In late January, I wrote about the Obama administration's "presidential assassination program," whereby American citizens are targeted for killings far away from any battlefield, based exclusively on unchecked accusations by the Executive Branch that they're involved in Terrorism. At the time, The Washington Post's Dana Priest had noted deep in a long article that Obama had continued Bush's policy (which Bush never actually implemented) of having the Joint Chiefs of Staff compile "hit lists" of Americans, and Priest suggested that the American-born Islamic cleric Anwar al-Awlaki was on that list. The following week, Obama's Director of National Intelligence, Adm. Dennis Blair, acknowledged in Congressional testimony that the administration reserves the "right" to carry out such assassinations. Today, both The New York Times and The Washington Post confirm that the Obama White House has now expressly authorized the CIA to kill al-Alwaki no matter where he is found, no matter his distance from a battlefield. I wrote at length about the extreme dangers and lawlessness of allowing the Executive Branch the power to murder U.S. citizens far away from a battlefield (i.e., while they're sleeping, at home, with their children, etc.) and with no due process of any kind. I won't repeat those arguments -- they're here and here -- but I do want to highlight how unbelievably Orwellian and tyrannical this is in light of these new articles today. Just consider how the NYT reports on Obama's assassination order and how it is justified:
No due process is accorded. No charges or trials are necessary. No evidence is offered, nor any opportunity for him to deny these accusations (which he has done vehemently through his family). None of that. Instead, in Barack Obama's America, the way guilt is determined for American citizens -- and a death penalty imposed -- is that the President, like the King he thinks he is, secretly decrees someone's guilt as a Terrorist. He then dispatches his aides to run to America's newspapers -- cowardly hiding behind the shield of anonymity which they're granted -- to proclaim that the Guilty One shall be killed on sight because the Leader has decreed him to be a Terrorist. It is simply asserted that Awlaki has converted from a cleric who expresses anti-American views and advocates attacks on American military targets (advocacy which happens to be Constitutionally protected) to Actual Terrorist "involved in plots." These newspapers then print this Executive Verdict with no questioning, no opposition, no investigation, no refutation as to its truth. And the punishment is thus decreed: this American citizen will now be murdered by the CIA because Barack Obama has ordered that it be done. What kind of person could possibly justify this or think that this is a legitimate government power? Click here for the rest of this article
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See this film.
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Uncle Jay Explains April 12, 2010
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A New Rasmussen Poll Finds Ron Paul Even With Barack Obama If The Presidential Election Were Held Today
Unsurprisingly, while 58% of "flyover country" Americans pick Dr. Paul, 95% of the "political class" go for Obama... See the story here.
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The DoJ Falsifies Its Own Bogus Jury Instruction Regarding The Meaning Of "Employee" In A Filing To The Court
Click here to get this sordid little story, which is posted under the "Update" subheading.
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There Must Be Something You're Missing, Right?
AS YOU RAISE YOUR VOICE in righteous opposition-- even outrage-- at the fastening of another unconstitutional chain on the American public under the name of "National Health Care" by the political cabal in Washington, you don't find yourself being hindered by the nagging suspicion that perhaps there's something about the legislation that you don't understand, or aren't aware of, which makes it all legal despite appearances to the contrary, do you?
You don't pause and settle yourself down with the thought that since our elected officials are the ones who enacted this law, it must be proper, and the how and why is simply escaping you because you're not trained as a lawyer, do you?
You don't put aside your concern because you know you can count on the courageous and incorruptible judiciary, and those great folks at the DoJ, to see to it that if there IS anything wrong with the legislation, it'll get taken care of through "the judicial process", and your interests will be properly looked-after that way, do you?
In short, you don't stand down and put your faith in "the system" to do the right thing, do you?
No you don't.
YOU DON'T STAND DOWN because you know perfectly well that something that violates the plain words of the Constitution, or isn't clearly authorized by that fundamental law, is illegal, and nothing within its thousands of pages of text can change that, no matter what that something might be.
You don't stand down because you know perfectly well that not only can our elected officials NOT be counted on to confine themselves to what is lawful and proper, but they can be counted on to sell whatever authority our complacency allows them to assume to the highest bidder, and the law and our interests be damned.
You don't stand down because you know perfectly well that the judicial process is more often than not just a creative rubber-stamp for the corruptions of the political elite who choose the judges and prosecutors, and the only one that's going to look out for your interest in enjoying the benefit of the rule of law is you.
You don't stand down because you know "the system" will screw you, lie to you, sneer at the Constitution and treat you like a fool and a tool.
If you're wise, you even know that "the system" is (accurately) counting on the fact that if it succeeds in overcoming your opposition now, in a few short years you'll come to believe that there must just be something about the legislation that you don't understand which makes it legal, because if there hadn't been, our elected officials would never have proposed it or voted for it, and the courts would have struck it down.
NOW I ASK YOU TO THINK ABOUT ALL THIS as we move into the last month of the primary "tax season". Especially, I ask you discuss all this with your companions at every "health care legislation protest", and "bailout protest" and "tea party" and the protest of whatever will be the next outrage by those running and feeding off the corrupt state that rallies the opposition of the people.
Those standing with you at each of these current and fleeting moments of wakefulness desperately need to learn the truth about the biggest exploitation of their ignorance and complacency that there is, and the one that finances and facilitates all the outrages that they DO recognize-- the systematic mis-application of the "income" tax. Those good folks standing with you right now over the "outrage de jour" have unfortunately harbored a life-long belief that despite the nagging suspicions that arise when they actually read their copy of the Constitution or even just think hard about how the tax is applied, there must be something about it that they don't understand which makes it legal, because if there weren't, our elected officials or courts would have done something about it.
The insidious thing about ignorance is that the ignorant don't know what they don't know, and the human mind always favors perspectives to which it has become accustomed, however groundless those perspectives may be. This produces a lot of resistance to revisiting long-settled misunderstandings. But when re-heated by a new passion, the human mind can be re-forged to new perspectives. Right now, a lot of Americans' "irons" are hot, and now is the time to strike.
Pass out copies of CtC or WGRaM, or any of the ever-growing array of outreach tools available here. Write to every pundit that has been energized by the present assault on the rule of law but is blind to the really big one with which he or she has been living so long as to now view it as "just the way things are".
UNDERSTAND, AND I MEAN REALLY UNDERSTAND, that the CtC-educated community is the stake poised over the chest of the vampire, and the vampire knows it. A whole lot of energy and effort are being expended right now to try to blunt that stake, and dissipate the force behind it back into the "way things are" fog. It's up to you to keep the stake sharp, and pile on the weight.
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“The size of a lie is a definite factor in causing it to be believed, because the vast masses of a nation are in the depths of their hearts more easily deceived than they are consciously and intentionally bad. The primitive simplicity of their minds renders them more easy victims of a big lie than a small one, because they themselves often tell little lies but would be ashamed to tell big ones. Such a form of lying would never enter their heads. They would never credit others with the possibility of such great impudence as the complete reversal of facts.” -Adolf Hitler
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Photographed on 1-70 in Missouri. America is waking up.
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So What Is An Excise, Anyway?
Speaking of Spreading the Word, CtC Warrior Greg Sutton has written up a nice little exposition on "excise taxes" that makes a fine handout with which to alert casual contacts to the fact that there's something they need to learn about the "income" tax. Download it here for printing and distribution; and again, visit this page for more resources.
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Do You Know What Happens When YOU Decide To "Let Someone Else Do It"? NOTHING.
"I am only one, but I am one. I cannot do everything, but I can do something. What I can do, I should do and, with the help of God, I will do." -Everett Hale (...and every other person who ever really deserved liberty)
"God grants liberty only to those who love it, and are always ready to guard and defend it." -Daniel Webster
"A nation of sheep will beget a government of wolves." -Edward R. Murrow
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A CtC Study-Guide
CtC Warrior Ike Hall has been engaged in a very virtuous project-- creating a study guide for new students of CtC. This remains a work in progress at this point, but I think what Ike's done so far is already worth sharing with the rest of the community. Click here to download the guide-- now complete through chapter nine!
For more clarifying resources click here; and click here for more tools for spreading the truth.
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Weeding The Garden
As is illustrated by the article above, the American legal landscape has become a tangled mess. Once a well-tended garden, it is now an ugly, weed-infested disgrace in which evil things find plenty of places to lurk, grow, and be used against the people. It is up to those of us who cherish the rule of law and take our responsibilities to our posterity seriously to correct this problem by pulling the weeds and making clear that error and lies will not be tolerated.
The way this will happen is by CtC-educated Americans, who have learned how to read the law, and how to research precedents accurately, taking charge of the legal landscape. In legal contests with the enemies of the law, the good guys need to debunk every inapposite citation deployed against them and keep the courts honest and on-point, something too many in the legal profession apparently abandoned long ago for reasons of their own.
In order to facilitate this effort, I'm setting up a special space in which to post material debunking abused and misconstrued "precedents" such as the 'Lovell' rulings, 'Latham', 'Sullivan' and all the rest which litter government legal filings and have too often been taken by courts (without investigation) as actually standing for the proposition in the context of which they are cited, when knowledgeable examination actually proves this to be untrue. I'm inviting and encouraging every Warrior to take on the task of pulling at least a few weeds by subjecting one or more cases mis-used as "precedent" by government lawyers and "ignorance tax" beneficiaries to proper analysis and investigation, and then send the results to WeedWhackers (at) losthorizons.com (fix the email address appropriately when sending). In a short time, we should have a large collection of ready-for-prime-time, ACCURATE material concerning these cases, able to be used by pro se litigants or the attorneys of those using hired help.
I hope you'll all dive in here and contribute to this project. Submissions should be in MSWord or Rich Text format, and should include the full text of the case being analyzed and any preceding cases cited within the misused ruling (going back in like manner as far as necessary). Analysis should focus on claims of authority within the subject ruling which are not actually supported by the references cited, if any (which could be "case law" or statutes), or claims and conclusions actually contradicted by logic, Constitution, statutes or other rulings (which should be included in the submission). Layout should be:
It's our law, people, but only if we take charge of it. For far too long, the American people have left care of this oh-so-important resource to our competitors, who have unsurprisingly twisted it to their own purposes. There's a lot of truth in the old adage that says if you want something done right, you have to do it yourself, and it's hard to imagine too many areas where it's more important that things be done right.
Click here to help whack the weeds!
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DO YOU VALUE THESE NEWSLETTERS? WITHOUT YOUR CONTRIBUTION TO MY LEGAL DEFENSE FUND, THEY WILL NOT CONTINUE FOR LONG.
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Some Important Words About The "Climate Change" Scam ***** Glenn Greenwald has shared some good words about the "terrorism" hysteria promoted by those who would be our ruling class, and their sycophants in the mainstream media: The Degrading Effects of Terrorism Fears "The whole aim of practical politics is to keep the populace alarmed—and hence clamorous to be led to safety—by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken
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'Real Americans Walk the Walk' A CtC Film to See and Share Spread it around to EVERYONE!!
If you like, just copy and paste the following into your emails to everyone in your address book:
(Warriors! Where Are YOUR testimonials?)
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Set a brushfire-- E-mail this week's newsletter to a friend
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UPDATED!
A Brief Introduction To The Fascinating Truth About The Income Tax (A concise presentation of some key material from ‘Cracking the Code- The Fascinating Truth About Taxation In America’)
This important educational and outreach resource has been updated with more supporting authority and information. If you have downloaded this file before, replace with the new version (updated 11-10-09)
If you want to win, YOU'VE got to go to the trouble to send this .pdf file to every single person in your address book, whether it's your mother, your accountant, your bowling team, whoever.
Even better, sit down with these folks and read this document together.
I guarantee that if even just a few hundred thousand Americans who are not already sensitized to the "income" tax issue get this file, knowledge of the truth about the tax will irreversibly take root in the population as a whole.
Seriously. Do you want to win? SPREAD THIS FILE AROUND! Doing so will accomplish more than anything that happens in a courtroom, more than any argument you make with any bureaucrat, more than ANYTHING else that you can do. Are You Not Bothering? Then You're Just Talking The Talk.
You've GOT To Walk The Walk If You Want To Win.
"Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated." -Thomas Paine
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Set a brushfire-- E-mail this week's newsletter to a friend
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'Knowing Is Better' A new, 2-minute CtC video to see and share!
Click here to see or download the .wmv version (only 2.5 megs, and thus easily sent around by email), or see and share the large-format "high-def" version on YouTube here.
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Also Updated:
It's Time To Learn The Truth About The Income Tax
This "Truth-About-The-Tax-In-20-Minutes" film has been updated to report a more current posted victory total. If you've got it posted anywhere (i.e. YouTube, a personal website), please update your posted version!
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A Housekeeping Note Concerning State Warrior Groups
While doing state group updates recently I once again noticed that there are hundreds of folks whose state forums invitations are still pending due to never having received a response! Some of these open invitations go back a year or more.
If you have ever applied for a state forum membership in Arizona, California, Colorado, Florida, Georgia, Illinois, Michigan, Minnesota, Missouri, Nevada, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, or Wisconsin and have not been getting regular emails from the group, it is because you failed to accept the invitation that arrived in your inbox from "noreply @ googlegroups.com"! Even after you have sent your request to join your home state group as indicated at www.losthorizons.com/tax/StateGroups.htm, you must confirm your email address and accept the invitation as specified in that email from "noreply..." in order to finish the sign-up process.
You can, however, correct this at any time! Go to www.losthorizons.com/NewsletterFeaturePage.htm#JAF to learn how!
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CtC Videos And Audio Resources
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Doing A Little High-Payoff Math
If each person receiving this newsletter each week distributed as few as 100 of any of the great outreach tools featured here to co-workers, friends, neighbors and family members (or just strangers on the street, in the mall, etc...), we could have SEVERAL MILLION new Americans suddenly introduced to the liberating truth about the tax!
Just like that! In one week!
C'mon, people, let's roll on this!
Set a brushfire-- E-mail this week's newsletter to a friend
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C'mon, Warriors! We Need Videos!
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Don't Miss The Next ChatRoom Conference, April 14!
I'll be joining Roger Van Syoc and scores of other warriors in the “We The People of America” Paltalk voice and text chat room starting at 8 PM EST. These virtual meetings are interesting, informative, educational, and just plain ENJOYABLE! So, don’t miss this one! Reminder; you will have to have the FREE Paltalk software installed and working on your computer to attend the meeting. If you do not have it, go to www.paltalk.com and click on the “Download for Free” tab. I also suggest that you get a headset with microphone if you want to be able to talk rather than just text-message.
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Highlights Of The Current Newsletter
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A Few Tips For Making Best Use Of This WebSite
USE THE SITE MAP AT www.losthorizons.com/IncomeTaxSiteMap.htm!!!
USE THE SITE SEARCH PAGE AT www.losthorizons.com/search.htm!!!
When directed to a page by topic or link, read everything.
I know that this can mean the investment of a lot of time, attention and effort, but although some may imagine otherwise, I don't write as much as I do because I can't think of any other way to spend my time...
Furthermore, when you encounter a hyperlink within, or associated with, the text you are reading, follow it!
It is pretty common these days for web-based material to be littered with hyperlinks. Sometimes the purpose is to provide definitions or examples, in order to ensure that folks reading the original material aren't presented with a word or reference which they don't understand. Sometimes the links lead to illustrations pertinent to the original text.
It is common-- and perfectly understandable-- for folks who are confident that they are familiar with language or references within the main text they are reading to get in the habit of skipping over included links. I do it all the time, myself!
However, I very rarely include links for definitional or explanatory purposes; and when I DO make a link out of text in one page it is generally to another self-contained page, rather than merely illustrative material. These other pages contain material the clear understanding of which I deem highly important for the proper and complete understanding of the original page. (Links to CtC, the Victories pages, CtC Warriors and so on are obvious exceptions to this general rule. On the other hand, a link to the victory Highlights or 'Every Which Way But Loose' pages, which might seem like such exceptions, are not. The special selection of victories on those pages, and the filed docs and tax-agency correspondences included therewith, themselves constitute highly instructive material which merits careful attention. Thus care needs to be taken in all cases.)
Please make a habit of clicking on all provided links and at least looking briefly to ensure that the linked page is one with which you are completely familiar from another study session.
Finally, please keep in mind that, annoying though it may seem at first blush (but not, I trust, upon reflection), I constantly tweak material already posted. Obviously this doesn't mean that every page is in flux at all times, but it does mean that if you are directed to a page that IS familiar, it's worthwhile to read it through again if it's been a month or two since your last having done so. |
Want to get on the Newsletter mailing list? Just email your name to SubscribeMe 'at' losthorizons.com using the address you want added!
The liberating truth about the "income" tax is turning those who would evade it EVERY WHICH WAY BUT LOOSE
DO YOU REMEMBER those old sci-fi movies (and numerous 'Lost in Space' and 'Star Trek' episodes) in which an evil robot or a computer collapses into terminal dysfunction after being presented with data that "does not compute"? The machine would flail about dangerously for a bit (or smoke and shake, and threaten to explode) before finally going limp, silent and harmless.
"LOOK OUT, DOCTOR SMITH!! DANGER!! WARNING!!"
Some CtC Warriors are being drafted to play the part of the intrepid heroes of these space operas lately, with federal and state "income" tax agencies in the role of the neurotic robot:
Since August of 2003, when the revelations of CtC were first published, the IRS has been engaged in a desperate struggle to regain its hold of fear and confusion over those now equipped with an understanding of the long-hidden secrets of the "income" tax, and to stop that understanding from spreading. We have seen, for instance:
We have also seen a series of transformations in the means by which the occasional loose-cannon IRS staffer attempts to persuade a CtC-educated filer to stand down.
For a while, fairly brazen declarations that a filing meets the statutory definition of a "frivolous return" was the popular approach. Brazen or not, of course, these notices were always mere exercises in intimidation, which careful analysis readily revealed to be fallacious.
Everyone must come to his or her own conclusions, but consider: The notices strive hard to give the impression that the tax agency can unilaterally disregard the target's filing, and can tack on a penalty as well. BUT they say that the agency will generously refrain from imposing the penalty, if only the target withdraws the original filed testimony and replaces it with what the agency wants attested-to (which, remember, the target is simultaneously being told would be legally meaningless, because the agency can unilaterally disregard that original testimony at will...).
What is being implied is that, either way, the amount of tax owed is going to end up being whatever the agency dictates-- the filer's return notwithstanding. The only optional element is the additional penalty, which the agency is offering to forego out of the goodness of its heart.
Well, if this is true..., WHY SEND THIS "LETTER" AT ALL? If the agency has the power to unilaterally make these decisions, there is absolutely no point to asking the target to do anything!
If the agency (or its client) has the power it is suggesting, its correspondent would simply get a notice along the following lines: "Dear Mr. XXX: We have calculated your tax liability for 200X, and converted $XXX of your withheld property in escrow to our ownership. An invoice for the outstanding balance [if any] is attached. Your filed return was frivolous, and provided us with the authority to add a $XXX penalty to your tax liability. We have [added or foregone] this penalty."
After all, if the agency has the unilateral authority it is attempting to suggest that it does, why would it care whether another return was filed? (Readers of 'Cracking the Code...' will know the answer to that, of course.)
Instead, the agency DOES make this "threatening" request; and/or "proposes" calculated liabilities to which it asks its target's agreement in order to have effect (see examples of this here). Sometimes it begins sending endless "levy notices" to the unbending filer (which notices, insofar as they concern years when only accurate, educated returns have been filed, only allege liability for a penalty, and not for any tax related to the year in question-- even when the target has received a complete refund of every penny withheld or paid-in in connection with that year...). The sum of all of this is, of course, that the agency DOESN'T have the unilateral authority which it suggests that it does, and where accurate, educated filings are concerned, its "frivolous letters" are just exactly that: frivolous letters.
"Tax liability is a condition precedent to the demand. Merely demanding payment, even repeatedly, does not cause liability. For the condition precedent of liability to be met, there must be a lawful assessment, either a voluntary one by the taxpayer or one procedurally proper by the IRS." Bothke v. Terry, 713 F. 2d 1405, at 1414 (1983)
Nonetheless, as more and more warriors have forcefully pointed out to more and more IRS workers that inappropriately sending such threatening-looking letters cuts very close to the criminal under a variety of federal and state laws, the tax agency has scrambled to adjust. For one thing, the "frivolous" notices have been carefully and repeatedly modified toward ever-more obvious legal meaninglessness, in order to deflect potential charges of constructive fraud, witness tampering, extortion, etc.
At the same time, these legally dicey threatening-sounding notices have been largely replaced by a comical kind of delay tactic, in which the agency sits on a filing in silence, and when contacted with an inquiry to the effect of "Where the h*ll is my property?!", responds with a claim that the agency can't find the filer's return and a request that the offended filer please send a fresh copy, or a series of "We need 45 days to look into the matter-- please be patient-- don't call us, we'll call you..." notices.
In this series of articles, we take a close look at many of these gimmicks, ploys and dodges in order to accurately perceive their true character, and take in and appreciate the underlying message, which is that efforts like these are engaged in only when the actor has no real basis for its actions.
Enjoy.
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EVERY WHICH WAY BUT LOOSE- XXXIII
In May of 2007, CtC Warriors Joan and Lowell Thompson were faced with a bluster and bs attack by the IRS, which sought to intimidate these good Americans into perjuring themselves and declaring their non-federally-connected receipts to be so connected, and therefore taxable as "income", even after their testimony to the contrary had already been filed:
Joan and Lowell, firm in their commitment to the rule of law, stood fast:
Lowell and Joan were treated to another effort a month-and-a-half later (unfortunately not preserved to share here), and again responded with firmness and confidence:
It took nearly a year, but eventually Joan and Lowell got the "surrender" by the agency to which they were entitled (and in a form we've not seen before):
It'd be nice if these bureaucrats would just forget about all these shameful ploys as soon as they recognize that they're dealing with CtC-educated Americans, instead of clinging to the hope that maybe they've stumbled upon the odd one or two that might let themselves be intimidated into collapse, wouldn't it?
Someday...
In the meantime, though,
Watch out for that robot! I THINK IT'S GOING TO EXPLODE!!
By the way, this isn't the only time Lowell and Joan have had to deal with this nonsense. They had the same ridiculous ploy tried on them the next year as well, this time for 2006. See how THAT went on page 28 of the ever-growing Victories collection.
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Isn't it too bad everyone hasn't done like Joan and Lowell, and read CtC-- the exclusive source of the complete, accurate and liberating truth about the "income" tax? You can help change that, and thereby help transform America. Click here to learn how (while you still can-- see below...).
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A helpful summary of certain core "income" tax dynamics, and the occasional resource for Warriors
A New Resource: A CtC "Points and Authorities" Guide shared with the community by Warrior Steven Robert Jones
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Getting Your Ducks In A Row When you're in a shooting match where hits have been hard to come by, the problem may be that you've been dealing with a moving target... Here's how you can stake the other side down.
Two years ago, CtC Warrior Patrick Mooney went into tax court suing to recover "frivolous penalties" held back from otherwise complete refunds made to him by the federal government for several years-- one of which "penalized" years was another for which he had already gotten a complete refund. He had prepared as best he could, having never been in the court before (and operating on the expectation that the judge would know and apply the law). After a ten-minute "trial", Patrick was told that he "failed to prosecute his case" (with no further explanation forthcoming), and his suit was dismissed.
On Monday, March 15, Patrick went back. The proceedings were MUCH more extended, Patrick was treated with respect, and the court has yet to issue a decision. The difference? For one thing, Patrick is a two-years-more-thoroughly-CtC-educated litigant and he now had some familiarity with procedures in the court. Consequently, Patrick was able to able to handle things more effectively, generally.
But mostly, it was that Patrick went in with a powerful weapon. That weapon was the first thing deployed upon the opening of proceedings, was largely read into the record immediately, and was accepted as a whole without objection by either of Patrick's adversaries in the courtroom.
I'm speaking of a well-crafted Request for Judicial Notice-- a prepared body of relevant points of law and fact that establishes the parameters within which the court must act. Patrick's notice is largely a compilation of points published in CtC and/or posted on this page over the last few years (and now available in 'Was Grandpa Really a Moron?' along with background information and analysis). See it below, and enjoy. By the way, assembling the material into this notice form was largely the excellent work of Warrior Sarah Waltner.
REQUEST TO TAKE JUDICIAL NOTICE
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It's Not A Tax On Money-- Not Even The Money Called "Wages", Or "Income", Etc.
The success of the efforts to misapply the tax over the decades has rested in no small part on a sustained campaign by the tax-beneficiaries to behave as though everyone and everything is a part of the federal universe, in which every dollar changing hands is potentially a measure of a tax liability. This ploy contributes significantly to the difficulty many people have in remembering that the tax isn't actually a tax on money-- not even on money designated as "wages" or "net earnings from self-employment", or just as "income". Instead, the tax is on the happening of a taxable event, the extent of which is simply measured by the money changing hands.
The biggest problem arising from confusion on this point is a tendency to let tax-related arguments, such as those in Tax Court, revolve around whether receipts have been had and/or what receipts are to be called, rather than on the real issue: whether taxable activity has been engaged in. The result is the exploitation by the adversaries of the truth of the natural blurriness attendant upon the law's use of terms mimicking common words, while having more specialized meanings in the context of the law.
For instance, we've all seen sonorous declarations by judges that "wages are income". Of course, what qualify as "wages" in the context of the tax laws certainly ARE "income", but when a declaration of this sort is made, even those who know the difference between "wages" as defined in the tax laws and 'wages', the common word, can easily let the meanings of each confusingly blend with the connotations of the other. For those who DON'T already know the difference between the word and the term, sonorous declarations of this sort are entirely misleading, and are taken as a declaration by the judge (or whoever) that 'wages' (under the common meaning of the word) are "income" (as in, "taxable").
For that matter, based on this declaration alone, it is impossible to tell what the declarant even means. We all like to imagine that judges actually know the law, and would, if saying such a thing, simply mean to be understood as saying that "wages" as defined in the tax law are "income", but judges often DON'T know the law, and have themselves been misled by just this sort of statement issuing from the mouths of OTHER judges (or even just from the tax agencies, whose interest in cultivating misunderstanding on this point is obvious).
Consequently, it is very important for everyone's clarity of thinking, and productive argumentation, to keep firmly in mind that what matters is not what has been received, or what it is called. Calling receipts by their proper labels is a form of shorthand, and a useful one in many circumstances, but it presumes that everyone knows how to translate the label used into its proper, complete meaning, and will automatically (and honorably) do so. Neither of these things can be relied upon, and prudence dictates that the conveniences of shorthand be foregone when accuracy counts.
On those occasions, such as in a courtroom, the wise warrior will recognize that when an allegation of the receipt of "wages" is being made, what is really being said is that any money involved was received as a consequence of engaging in a taxable activity, as opposed to money received when NOT engaging in a taxable activity. That is, the fact that money may have changed hands is, by itself, entirely irrelevant to the foundational issue, which is whether one was doing something upon which the federal government has the authority to impose a tax. Only IF it can be proven that one was engaged in a federally-taxable activity (and one taxable without apportionment) does the receipt of money then arise as a secondary matter (and then only insofar as particular receipts can be tied to that activity and then be used as a measure of its extent).
(For some related observations, see 'A Wage By Any Other Name Is Taxed The Same' in 'Was Grandpa Really a Moron?')
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About Lemons, Bananas, And The Occasional Kumquat...
I've recently seen an increasing use of a cheap semantic ploy by the "ignorance tax" beneficiaries-- the deliberate mis-characterization of educated filings as being claims that the filer (or his "income") is "exempt" from the tax, rather than what is really being declared, which is that the earnings involved aren't "income" at all (and therefore not only needn't be "exempted", but actually CAN'T be, since they are not within the tax's scope in the first place). For instance, in a brief filed a few weeks ago by the Department of Justice (sic) attorney in response to a lawsuit brought by a CtC Warrior to compel the processing of his return, the govt. flack writes, "Plaintiff... ...believes that he... ...is exempt from the application of the income tax to his wages and other income."
This ploy is a very calculated effort to steer the thinking of anyone reading this brief (such as the judge) in order to evade what is REALLY being said by the filer (since if what the filer is really saying is squarely addressed, the "ignorance tax" beneficiaries have no argument to make). Happily, it takes but a moment to expose the nature of this subterfuge...
Here's a good relevant definition of "exempt":
As can be readily understood in light of this definition, earnings that are not "within the general class of "income"" don't need to be "exempted" in order to not be subject to the "income" tax, and a filing that declines to list some particular earnings in the "income" lines on a tax form isn't treating those earnings as "exempt" (nor is the filer suggesting that he is "exempt from the application of the tax to his wages or other income"). Such a filing is simply treating those earnings as "not income"-- that is, as not within the general class from which they even COULD be "exempted".
Here's an analogy that should help make this clear: Consider someone who possesses six lemons and six bananas and who is asked how many lemons he has. When he reports "Six", he is not "exempting" the bananas, he is simply recognizing that the bananas aren't lemons, and haven't been asked about at all.
A more complex formulation doesn't change this principle, by the way. For instance, imagine that our intrepid respondent is asked about how many pieces of fruit he has, if "fruit" is defined as follows, "For purposes of this inquiry, the term "fruit" includes lemons, oranges and kumquats." Our knowledgeable respondent would STILL answer, "Six", and he STILL wouldn't be "exempting" his bananas, because they STILL wouldn't be within the scope of the inquiry...
Remember, when given a definition as in this example, "fruit" no longer has anything to do with 'fruit', per se. Were the term meant to encompass "anything that is a fruit", it wouldn't have been given a special definition to begin with-- because that's what the word means WITHOUT a special definition.
Further, specifying certain varieties of fruit in the custom definition emphasizes that the term is not intended to encompass everything that happens to be 'fruit' per the dictionary definition of the word. If the term is intended to encompass everything that happens to be 'fruit' per the dictionary definition of the word, those specified varieties of fruit are already within that definition. They can only be being specified because they are being DISTINGUISHED from "everything that happens to be fruit", creating a new term that is explicitly NOT "everything that happens to be fruit".
Instead, "fruit" is now a term of special meaning that happens to be spelled the same as 'fruit', and it means "lemons, oranges and kumquats". Even if we apply the "limited expansion" effect to the term "includes", such as is provided for at 26 USC 7701(c) (allowing the expansion of the definition to other things of like kind and class as those listed), looking at the characteristics of those things listed we find that they are all spherical and citric (while also happening to be fruits). This make our class one of spherical, citrus fruits. Thus, bananas, which, while also happening to be fruits, are neither spherical nor citric and therefore cannot be deemed included.
Obviously, there is nothing difficult about any of this, and it is inconceivable that the mis-characterization of an educated filing as somehow being an assertion of "exemption" is a matter of innocent mis-understanding. On the contrary, it is entirely deliberate, and the message it delivers should be lost on no one: Mis-characterizations like this are deployed because the law-defiers have no argument against what a CtC-educated filing, claim or argument is actually saying.
For more on this subject, see WeedWhackers
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What They Said About He Said-She Said
An allegation on an "information return" is "reasonably disputed" merely by a sworn rebuttal, each being of the same legal stature-- Joe's affidavit v. Sam's affidavit. A tribunal is not in a position to unilaterally honor one and dishonor the other. As held by the Fifth Circuit Court of Appeals in reversing a Tax Court decision and ruling a deficiency determination invalid:
“[T]he Commissioner's determination that Portillo had received unreported income of $24,505 from Navarro was arbitrary. The Commissioner's determination was based solely on a Form 1099 Navarro sent to the I.R.S. indicating that he paid Portillo $24,505 more than Portillo had reported on his return. The Commissioner merely matched Navarro's Form 1099 with Portillo's Form 1040 and arbitrarily decided to attribute veracity to Navarro and assume that Portillo's Form 1040 was false.” "Therefore, the judgment below regarding unreported income must be reversed." Portillo v. Commissioner of Internal Revenue, Fifth Circuit, 932 F.2d 1128 (1991)
This principle finds expression in several statutes. For instance, see the language at 26 USC 7491:
This section is nicely explained by the 10th Circuit Court as follows:
Plainly, 4852s and 1099 rebuttals meet this standard and would be sufficient for a decision in the absence of contrary evidence. In fact, such forms have been found by the IRS to be sufficient upon which to base a decision-- in the filer's favor, and IN THE FACE of contrary evidence-- thousands of times...
Reading these rulings, I can't help but think about those "frivolous" delays to which some are subjected, based on nothing more than that a filing doesn't match an "information return"... *** 73 Am Jur 2d § 146 Operation of legislative definitions, generally Research References West’s Key Number Digest, Statutes 223.1
The lawmaking body’s own construction of its language, by means of definitions of the term employed, should be followed in the interpretation of the act or section to which it relates and is intended to apply.1 By the same token, the courts should not enlarge statutory definitions so as to include a situation or a condition which it might be assumed the legislature would have covered by an enlarged definition if its existence had been contemplated.2 A statutory definition supersedes the common-law,3 colloquial,4 commonly accepted, dictionary or judicial definition.5 In this regard, where statute itself contains a definition of a word used therein, the definition controls, however contrary to the ordinary meaning of the word it may be,6 and the term may not be given the meaning in which it is employed in another statute, although the two may be in pari material.7 Where the legislature has defined words which are employed in a statute, its definitions are binding on the courts since the legislature has the right to give such signification as it deems proper to any word or phrase used by the statute, irrespective of the relationship of the definition to other terms.8 Furthermore, where a word that already has a definite, fixed, and unambiguous meaning is redefined in a statute, the definition must be taken literally by the courts.9
1Curle v. Superior Court, 24 Cal. 4th 1057, 103 Cal. Rptr. 2d 751, 16 P.3d 166 (2001); State v. Olsen, 618 N.WE.2d 346 (Iowa 2000); Ohio Civil Rights Commission v. Parklawn Manner, Inc., 41 Ohio St. 2d 47, 70 Ohio Op. 2d 148, 322 N.E.2d 642 (1975); Devers v. Scranton City, 308 Pa. 13, 161 A. 540, 85 A.L.R. 692 (1932).
2Lenox Realty Co. v. Hackett, 122 Conn. 143, 187 A. 895, 107 A.L.R. 1306 (1936); Robertson v. Western Baptist Hosp., 267 S.W.2d 395 (Ky. 1954).
3Rayonier, Inc. v. Polson, 400 F.2d 909 (9th cir. 1968); 1137 18th Street Associates, Ltd. Partnership v. District of Columbia, 769 A.2d 155 (D.C. 2001).
4Western Union Telegraph Co. v. Lenroot, 323 U.S. 490, 65 S. Ct. 335, 89 L. Ed. 414 (1945).
5Stenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743 (2000); Driscoll v. General Nutrition Corp., 252 Conn. 215, 752 A.2d 1p069 (2000); Erlandson v. Genesee County Employees’ Retirement Com’n, 337 Mich. 195, 59 N.W.2d 389 (1953); Appeal of Clayton-Marcus Co., Inc., 286 N.C. 215, 210 S.E.2d 199 (1974); Minnix v. State, 1955 OK CR 37, 282 P.2d 772 (Okla. Crim. App. 1955).
6Appeal of Clayton-Marcus Co., Inc., 286 N.C. 215, 210 S.E.2d 199 (1974). The general Assembly’s own construction of its language as provided by definitions, controls in the application of a statute, and such definition will be given great weight against any claim that application of the statutory definition defeats the general purpose of the statute. Ohio Civil Rights Commission v. Parklawn Manner, Inc., 41 Ohio St. 2d 47, 70 Ohio Op. 2d 148, 322 N.E.2d 642 (1975).
7Davison v. F. W. Woolworth Co., 186 Ga. 663, 198 S.E. 738, 118 A.L.R. 1363 (1938).
8People v. Dugan, 91 Misc. 2d 239, 397 N.Y.S.2d 878 (County Ct. 1977).
9Young v. O’Keefe, 246 Iowa 1182, 69 N.W.2d 534 (1955); State v. Standard Oil Co., 61 Or. 438, 123 P. 40 (1912).
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An Excellent Response To Tax-Agency Frivolities
Here's Another, More Abbreviated Approach...
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The Five Most Powerful Things You Can Do About The Systematic Misapplication Of The Tax
Although it is very contrary to my nature (and my comfort) to have to point it out, it is a simple fact that if anyone else out there-- regardless of their "credentials" or their apparent sincerity-- actually knew what they were talking about regarding the tax, they would have a sustained body of evidence posted which demonstrates the accuracy of their notions. (Not just the alleged "evidence" which led them to their notions, mind you, such as a collection of excerpted statutory or regulatory sections, but evidence of the practical, positive outcomes of the implementation of those notions...*) They do not, of course, because their notions are simply incorrect, no matter how sincerely or loudly they may be proclaimed.
Time spent looking at material generated or posted by anyone pushing notions about the tax not found in CtC is worse than time wasted. It is time spent having one's clear view of the reality of the tax and everything related to the tax darkened-- something that will have to be undone later at the cost of more time and often a great deal of effort. (By the way, don't confuse an inability to understand what one is seeing with a lack of a clear view. Sometimes understanding lags a fair bit behind the opening up of one's window. But it will come, as is made clear here. For more on this, see this page.)
Further, the proliferation, and toleration, of error serves to delay the adoption of the truth by your neighbors, family, friends, co-workers, and, perhaps most importantly, those who will thus continue to burden you with erroneous allegations about your earnings. Why abide this delay, and these ill effects? Because you persist in harboring your own doubts about what you have learned in CtC, perhaps due to the intense tax-beneficiary and "tax honesty guru" assaults being made on the book for the past five years?
Having your own doubts is fine (as long as you continue to study so as to put them to rest). But that does not justify turning to, or tolerating, either outright demonstrable errors or those who promote what they like to suggest are "alternative or supplemental theories" about the tax or the manner in which the law works, which are somehow never supported by concrete evidence of their soundness.
The facts are this simple: Those who focus exclusively on CtC get it right and win victories. Those who allow clutter from elsewhere into their minds don't. At best such folks delay getting it right for as long as it takes to purge the clutter; and at worst, they just never get it.
(*In anticipation of what some might attempt to respond with to this regrettably necessary plain speaking, I'll point out that managing to be "left alone" for some indeterminate time-- which might end tomorrow-- by an IRS that is happily banking every penny withheld either as nominal "federal income tax" or as "Social Security" or "Medicare" taxes in the meantime hardly counts as meaningful evidence of a practical, positive outcome for anyone. Nor does merely succeeding in avoiding property loss by virtue of hunkering down in the shadows of the underground economy, nor managing to dodge a criminal conviction by convincing a jury that one was not acting willfully in doing whatever it was one was charged with.)
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“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” -James Madison
CLICK HERE FOR THIS WEEK'S FEATURED 'EVERY WHICH WAY BUT LOOSE' EPISODE
Too Late To Apologize: A Declaration (A very entertaining music video)
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Have You Taken A Military, Law Enforcement or Public Office Oath To Uphold And Defend The Constitution?
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Set a brushfire-- E-mail this newsletter to a friend
'Don't Tread On Me' Polo Shirts Say It All!
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CLICK HERE FOR THIS WEEK'S 'TAX TIP'
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More Than Two Thirds Of The Several States That Collect "Income" Taxes Have Now Acknowledged The Truth About The Law As Revealed In CtC, And Have Issued Complete Refunds Accordingly! See The Following Chart...
Set a brushfire-- E-mail this newsletter to a friend
'The BOSTONIAN'S Paying the EXCISE-MAN, or TARRING & FEATHERING' (1774) (How our forefathers responded to arrogant "Rule of Law defiers"...)
I'm sorry to say that due to the characteristics of the new server I began using at the end of September, 2007, hit logging for the entire site is no longer possible. However, just so you know:
CtC-related hits between April 1, 2006 (when logging began under the old server) and August 31, 2007 totaled 17,277,595!
YOU DIDN'T THINK YOU WERE ALL ALONE, DID YOU?
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HELP SPREAD THE LIBERATING TRUTH ABOUT THE TAX
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To make the best possible use of this website, please take advantage of the site map you'll find here.
Get your FREE* CtC bumper sticker and help spread the word! Just send a stamped, self-addressed envelope to Lost Horizons, Bumper Sticker Offer, 232 Oriole Rd., Commerce Twp., MI 48382 (*If you want to throw a few bucks into the envelope to help with costs, that'd be nice, but it's entirely optional...)
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"Taxes are not raised to carry on wars, wars are raised to carry on taxes." -Thomas Paine
Where To Find Things On This Site
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Law Professor James Duane Says: "Don't Talk To The Police. Period."
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The Newsletter is interested in your work! If you are a writer, scholar, or just a dedicated Warrior with a worth-while story to tell, please consider sharing your words and your wisdom with our thousands of readers! Click here to learn how.
'Letters to the Editor' should be addressed to 'newsletter 'at' losthorizons.com', with "Editor" in the subject line.
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Films That Belong In Every Home Library
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CLICK HERE TO INSTRUCT YOUR CONGRESSIONAL REPRESENTATIVES
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Warrior David Larson shares this beautiful little farce, wryly observing that, "Depositors have "..not lost one penny.." - OK we could agree on that simple statement ..how about the purchasing power of that same penny 'not lost'?"
Source: Bureau of Labor Statistics
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Last Word
"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you. May your chains set lightly upon you; and may posterity forget that ye were our countrymen." -Samuel Adams, Architect of the First American Revolution
OK, Now Back To Your Regularly Scheduled Programming:
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Current Events and Continuing Education for April 23 through May 6, 2010
"A slave is one who waits for someone to come and free him."
-Ezra Pound
Mid-Edition Update, April 30, 2010
About Liars Who Seek To Suppress The Truth-- Updated!
John Stossel Wants To Hear From CtC Victors
Ike Hall's CtC Study Guide Adds Two Chapters
Uncle Jay Explains "Tax Day"
A Few Tips For Making Best Use Of This Site
...and much, much more!
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Here Are Some More Of This Edition's Highlights (Click on article and feature titles below to jump to the listed item. Use the "Back" button on your browser to return to this contents section. Better still, just scroll and read it all, including the many non-linked items that I'm sure you'll enjoy and appreciate!) |
Regular Features: |
And, as always, much, much more...
Dear friends, I'm delighted when anyone wishes to share what I have posted here with others! Sharing this page is an important means of moving toward the restoration of the rule of law. But I'd appreciate your doing so by directing your friends here themselves, rather than by copying and emailing the material.
Thank you for your courtesy.
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You can't understand the present if you don't understand the past... Illuminating Anniversaries Of This Week April 30- In 1492, Christopher Columbus receives his royal commission. In 1789, George Washington takes the oath of office as the first President of the United States. Unlike modern holders of the office (and a few bad moves during his tenure notwithstanding), he means it. In 1803, the United States purchases the Louisiana Territory from France for $15 million. In 1812, the Territory of Orleans becomes the 18th of the several states, styling itself 'Louisiana'. In 1900, Hawaii is declared a territory of the United States, with Sanford B. Dole as governor. In 1900, Casey Jones wrecks the Cannonball Express. In 1927, the first United States federal prison for women opens. In 1938, Porky Pig goes on his first rabbit hunt. In 1945, Adolph Hitler and Eva Braun commit suicide. In 1993, the World Wide Web goes public. In 2004, photos of grotesque detainee abuse by officials at the United States Abu Ghraib prison facility in Iraq make it to the media. In 2009, Chrysler files for bankruptcy.
Anniversaries of interest for each day of the upcoming week will be found throughout the newsletter below. *** Use the "Back" button on your browser to return to the contents section, or just keep reading! |
This is just for those in the "tax honesty" community...
"It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." -Samuel Adams
Warriors, don't miss the every-other-Wednesday PalTalk e-conference! The next get-together is May 12! Click here for details.
"To preserve [the] independence [of the people,] we must not let our rulers load us with perpetual debt. We must make our election between economy and liberty, or profusion and servitude. If we run into such debts as that we must be taxed in our meat and in our drink, in our necessaries and our comforts, in our labors and our amusements, for our callings and our creeds, as the people of England are, our people, like them, must come to labor sixteen hours in the twenty-four, give the earnings of fifteen of these to the government for their debts and daily expenses, and the sixteenth being insufficient to afford us bread, we must live, as they now do, on oatmeal and potatoes, have no time to think, no means of calling the mismanagers to account, but be glad to obtain subsistence by hiring ourselves to rivet their chains on the necks of our fellow-sufferers." – Thomas Jefferson
Three great NEW animations: 'The Great Ducking Of America' 'Learn How To Get YOUR Stimulus Check' 'Improbable History- You Decide!' See and share them all!
JOIN THE THOUSANDS OF WARRIORS IN CtC FORUMS!
Set a brushfire-- E-mail this newsletter to a friend
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“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” -James Madison
How About You?
Are You Governing Yourself?
Get The Knowledge, Reclaim Your Power, And Stand With The Founders
MORE ILLUMINATING EDUCATIONAL RESOURCES
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Have You Visited This Page Yet?
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CtC Warrior David Sides says, "Bumper stickers? Nice, but NOT BIG ENOUGH!"
(By the way, Dave's got it precisely right-- If you want your power to be secure, your neighbors have to be empowered with the same knowledge that you've acquired. Click here for ideas about spreading the truth.)
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There is little more important to the long-term health of America than how our children are educated.
The March To Victory There is only one place where actual, positive victories on behalf of the truth about the income tax are being won, and that is within the ranks of those educated by 'Cracking the Code- The Fascinating Truth About Taxation In America'. Here are this week's additions to the ever-growing mountain of such victories, each of which represents a concrete shift of overall power and control away from the state and back to individual Americans where it belongs. Do you have a victory to share? Click here to learn how to do so.
If You're Not Standing Up, Then You're Standing Down
Taking Action (And ONLY Taking Action) Brings Results
Ever notice how everybody complains about the overgrown, arrogant federal government, but nobody actually does anything about it? Well, actually, some of us DO do something about it.
The Americans you're about to meet know the difference between talking the talk and walking the walk. These heroes read 'Cracking the Code- The Fascinating Truth About Taxation In America' and learned the truth, the whole truth, and nothing but the truth about the "income" tax. They know who's really in charge, and how, and why. They're done arguing with the social director about the best arrangement of the deck chairs on the Titanic, and have gone down to the engine room to make some changes. (Interestingly, April 15 was the date the Titanic sank...)
NOTE: Unless otherwise indicated, all posted federal victories are of ALL amounts withheld or paid in, which includes amounts withheld as ostensible "Social Security and Medicare taxes" as well as those more directly denominated as "federal income taxes".
CtC Warrior John Sytsma has learned the accurate truth about the law, and risen to take action. Having concluded, after study of the relevant law, that his earnings during 2006 were not a result of any taxable activities, John filed a federal return accordingly. On May 29, 2009, John enjoyed the return of all of his property withheld and given over to the feds, plus interest. Enjoy John's second victory for the rule of law at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior Don Lovelace isn't just waiting for someone else to take responsibility for the course his beloved country is on, either. Don shares his second victory this week-- the return of everything withheld from him and given over to New York in connection with the "income" tax during 2009, on February 22, 2010. Enjoy Don's latest victory at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior D. J. is standing up on behalf of our rule of law, too. D. shares his first CtC-educated victory this week-- the return of everything withheld from him and given over to California during 2009. D. secured the return of his property on March 12, 2010. Enjoy D.'s debut victory for truth, justice and the American way at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior Y. S. is also in action. On March 19, 2010, Y. secured her third victory on behalf of the rule of law-- the return of everything that had been withheld from her and turned over to the federal government in connection with the "income" tax during 2009-- in this case, nothing but SS and Medicare. Enjoy this uplifting victory for the vision of the Founders-- and the filing that produced it-- at www.losthorizons.com/tax/MoreVictories42.htm.
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CtC Warrior S. B. is standing with these fine folks and the rest of the CtC community on behalf of all of our rights. On March 22, 2010, S. secured his third victory-- a complete refund from the federal government of everything withheld from him and given over to it in connection with the "income" tax during 2009. Enjoy S.'s latest victory for the rule of law at www.losthorizons.com/tax/MoreVictories42.htm.
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...and just 7 days ago, on April 16, 2010 CtC Warrior Vince Smith secured his first victory for the rule of law-- the return of all property withheld from him and given over to the federal government in connection with the "income" tax during 2009-- but only after a little tussle with a balky IRS...
Vince's debut victory in enforcing the Constitution, like those of the rest of these good Americans, joins all the others in the ongoing river of evidence of the accuracy of 'Cracking the Code-...' flowing without interruption...
...well over six years since the beginning of intense IRS efforts to suppress the book;
...almost five years since the DOJ itself moved for dismissal of three different IRS efforts to attack CtC as "promoting false or fraudulent tax schemes" in three different courts across the country in 2004 and 2005;
...more than three years since a carefully-inaccurate description of a typical CtC-educated filing was listed as #1 on the IRS "Dirty Dozen" list (the Sixth Circuit Court Of Appeals recently excused this and similar efforts to mislead, declaring that the government can't be prohibited from "SUGGESTING [that CtC] promotes false or fraudulent tax schemes" (emphasis added));
...more than three years since the launching of the hokey and contrived IRS PR-campaign "lawsuit" against my wife and me, ostensibly seeking to recover refunds made to us several years ago which even the United States Treasury Department acknowledges were, and remain, perfectly proper;
...and well over a year since the IRS launched a vicious assault on me personally in a desperate, deeply corrupt effort to cow the educated into paralysis and frighten the ignorant away from the liberating truth, so as to continue successfully bleeding both into penury and subjugation .
Celebrate Vince's upholding of the law and all the hundreds and hundreds of others at www.losthorizons.com/tax/MoreVictories42.htm and on the dozens of other victory pages.
Current Posted Total:
Do you have a victory to share? Click here to learn how to do so.
How About You? Have You Done Your Fair Share In Support Of The Rule Of Law ?!Or are you STILL unable to let actual hard facts and evidence overcome the mere propaganda you've been fed all your life by those with a well-defined and substantial financial interest in keeping you mindlessly ignorant of the truth about the tax?
If this is still true, after everything you've read to get to this point, you're probably hopeless, but click here, anyway.
Set a brushfire-- E-mail this newsletter to a friend
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By the way, those who have stood up and taken proper action WITHOUT having yet enjoyed a lawful response are already victors as well. The moment that a timely, proper and accurate filing is made the virtuous blow on behalf of the rule of law has been struck.
The moment that a timely, proper and accurate filing is made the entire exploitation-of-ignorance-as-usual machine stops dead for that filer and that period, and there's no restarting it again (unless the filer can be intimidated into rescission...). At that point, all current and future illegitimate claims to the filer's property are undone, and the filer's claim for the return of any relevant property is established. It's just a matter of waiting for the headless chicken to stop running around.
However, I don't have a simple way to display victories at that stage of progress.
If you're in the category of those who have acted, but whose proper filings are being resisted, rest assured that your victory IS recognized and honored.
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Aren't You Really, Really Glad YOU'VE Taken Control Of Whether Any Of YOUR Money Goes To Washington, Just As The Founders Intended?
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(Scroll down to see all articles in this update)
"The preservation of a free government requires, not merely that the metes and bounds which separate each department of power be invariably maintained, but more especially that neither of them be suffered to overleap the great barrier which defends the rights of the people. The rulers who are guilty of such encroachment exceed the commission from which they derive their authority, and are TYRANTS. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them and are slaves….." -James Madison
Aren't You Really, Really Glad YOU'VE Taken Control Of Whether Any Of YOUR Money Goes To Washington, Just As The Founders Intended?
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About The Endless Mendacity Of Those Who Want To Suppress The Liberating Truth About The "Income" Tax
Efforts by the law-defying community to capitalize on the tag-team assault on me still playing out at the district court level concerning a trial in which the jury was told not to sweat the details too much, was denied access to the actual words of the law, and then was given prosecution-written "interpretations" of key aspects of the relevant law instead of the real words of the law-- see here and here for what was given to the jury and what the law really says-- because to let the jury know what Congress really says might result in its coming to an unwanted conclusion...
The outcome procured by these contortions is is being used by enemies of the truth (and advocates for your continued enslavement) to shout, "HAH! Hendrickson is ruled against by the court!! That proves he must be wrong!!!" Actually, of course, the fact that this sort of gimmickry was needed to get to this point is proof that I am RIGHT, and that the law-defiers don't dare actually argue against what I have revealed about the law, having to resort instead to corrupt efforts to keep the words of the law out of sight.
So, a vigorous effort is being made to seize the moment by those desperate to take the steam out of the CtC community itself, and to discourage others from becoming part of that educated, stand-up community of real Americans. I've posted two documents responding to some of these efforts. Please read them through carefully, and PLEASE spread them around.
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John Stossel Wants To Hear From CtC Victors!!
At a meeting with the producer for John Stossel's Fox Business News Network show on Wednesday, a request was made for victorious CtC-educated Americans to introduce themselves to the show staff in anticipation of a possible program focusing on the liberating truth about the "income" tax.
Therefore, I'm asking everyone with victories under their belts to send an email along the lines of the sample below (the portions in read are those that you would customize with your own information). These folks are looking for people willing to be interviewed, thus the contact info portion.
This is a rare opportunity to make a key word-spreading and law-enforcing breakthrough, people. Please step up for this.
P. S. The producer specifically asked to not be bogged down with legalese (meaning explanations, discussions or explications on the law). Therefore, while you are of course free to tell about your victories in the manner you wish, please keep things along the lines of the sample letter above.
P. P. S. If you really want to take maximum advantage of the moment, send the same email to Lew Rockwell at lewrockwell@mac.com, Jacob Hornberger at jhornberger@fff.org and Glenn Greenwald at GGreenwald@salon.com. Include this file with emails to these guys. These are all good Americans with bully pulpits who ought to take an interest if given a reason to do so, and who need to know the truth, in any event...
P. P. P. S. In response to a few questions posted on the national forum about this (and in anticipation of others), Warrior Tim Whitney, who attended the meeting on Wednesday, has these good comments:
Folks,
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A CtC Study-Guide
CtC Warrior Ike Hall has been engaged in a very virtuous project-- creating a study guide for new students of CtC. This remains a work in progress at this point, but I think what Ike's done so far is already worth sharing with the rest of the community. Click here to download the guide-- now complete through chapter eleven!
For more clarifying resources click here; and click here for more tools for spreading the truth.
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See this film.
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Uncle Jay Explains April 12, 2010 (You've got to love his, "to see if you've learned anything..." comment...)
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There Must Be Something You're Missing, Right?
AS YOU RAISE YOUR VOICE in righteous opposition-- even outrage-- at the fastening of another unconstitutional chain on the American public under the name of "National Health Care" by the political cabal in Washington, you don't find yourself being hindered by the nagging suspicion that perhaps there's something about the legislation that you don't understand, or aren't aware of, which makes it all legal despite appearances to the contrary, do you?
You don't pause and settle yourself down with the thought that since our elected officials are the ones who enacted this law, it must be proper, and the how and why is simply escaping you because you're not trained as a lawyer, do you?
You don't put aside your concern because you know you can count on the courageous and incorruptible judiciary, and those great folks at the DoJ, to see to it that if there IS anything wrong with the legislation, it'll get taken care of through "the judicial process", and your interests will be properly looked-after that way, do you?
In short, you don't stand down and put your faith in "the system" to do the right thing, do you?
No you don't.
YOU DON'T STAND DOWN because you know perfectly well that something that violates the plain words of the Constitution, or isn't clearly authorized by that fundamental law, is illegal, and nothing within its thousands of pages of text can change that, no matter what that something might be.
You don't stand down because you know perfectly well that not only can our elected officials NOT be counted on to confine themselves to what is lawful and proper, but they can be counted on to sell whatever authority our complacency allows them to assume to the highest bidder, and the law and our interests be damned.
You don't stand down because you know perfectly well that the judicial process is more often than not just a creative rubber-stamp for the corruptions of the political elite who choose the judges and prosecutors, and the only one that's going to look out for your interest in enjoying the benefit of the rule of law is you.
You don't stand down because you know "the system" will screw you, lie to you, sneer at the Constitution and treat you like a fool and a tool.
If you're wise, you even know that "the system" is (accurately) counting on the fact that if it succeeds in overcoming your opposition now, in a few short years you'll come to believe that there must just be something about the legislation that you don't understand which makes it legal, because if there hadn't been, our elected officials would never have proposed it or voted for it, and the courts would have struck it down.
NOW I ASK YOU TO THINK ABOUT ALL THIS as we move into the last month of the primary "tax season". Especially, I ask you discuss all this with your companions at every "health care legislation protest", and "bailout protest" and "tea party" and the protest of whatever will be the next outrage by those running and feeding off the corrupt state that rallies the opposition of the people.
Those standing with you at each of these current and fleeting moments of wakefulness desperately need to learn the truth about the biggest exploitation of their ignorance and complacency that there is, and the one that finances and facilitates all the outrages that they DO recognize-- the systematic mis-application of the "income" tax. Those good folks standing with you right now over the "outrage de jour" have unfortunately harbored a life-long belief that despite the nagging suspicions that arise when they actually read their copy of the Constitution or even just think hard about how the tax is applied, there must be something about it that they don't understand which makes it legal, because if there weren't, our elected officials or courts would have done something about it.
The insidious thing about ignorance is that the ignorant don't know what they don't know, and the human mind always favors perspectives to which it has become accustomed, however groundless those perspectives may be. This produces a lot of resistance to revisiting long-settled misunderstandings. But when re-heated by a new passion, the human mind can be re-forged to new perspectives. Right now, a lot of Americans' "irons" are hot, and now is the time to strike.
Pass out copies of CtC or WGRaM, or any of the ever-growing array of outreach tools available here. Write to every pundit that has been energized by the present assault on the rule of law but is blind to the really big one with which he or she has been living so long as to now view it as "just the way things are".
UNDERSTAND, AND I MEAN REALLY UNDERSTAND, that the CtC-educated community is the stake poised over the chest of the vampire, and the vampire knows it. A whole lot of energy and effort are being expended right now to try to blunt that stake, and dissipate the force behind it back into the "way things are" fog. It's up to you to keep the stake sharp, and pile on the weight.
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“The size of a lie is a definite factor in causing it to be believed, because the vast masses of a nation are in the depths of their hearts more easily deceived than they are consciously and intentionally bad. The primitive simplicity of their minds renders them more easy victims of a big lie than a small one, because they themselves often tell little lies but would be ashamed to tell big ones. Such a form of lying would never enter their heads. They would never credit others with the possibility of such great impudence as the complete reversal of facts.” -Adolf Hitler
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Photographed on 1-70 in Missouri. America is waking up.
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So What Is An Excise, Anyway?
Speaking of Spreading the Word, CtC Warrior Greg Sutton has written up a nice little exposition on "excise taxes" that makes a fine handout with which to alert casual contacts to the fact that there's something they need to learn about the "income" tax. Download it here for printing and distribution; and again, visit this page for more resources.
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Do You Know What Happens When YOU Decide To "Let Someone Else Do It"? NOTHING.
"I am only one, but I am one. I cannot do everything, but I can do something. What I can do, I should do and, with the help of God, I will do." -Everett Hale (...and every other person who ever really deserved liberty)
"God grants liberty only to those who love it, and are always ready to guard and defend it." -Daniel Webster
"A nation of sheep will beget a government of wolves." -Edward R. Murrow
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Weeding The Garden
As is illustrated by the article above, the American legal landscape has become a tangled mess. Once a well-tended garden, it is now an ugly, weed-infested disgrace in which evil things find plenty of places to lurk, grow, and be used against the people. It is up to those of us who cherish the rule of law and take our responsibilities to our posterity seriously to correct this problem by pulling the weeds and making clear that error and lies will not be tolerated.
The way this will happen is by CtC-educated Americans, who have learned how to read the law, and how to research precedents accurately, taking charge of the legal landscape. In legal contests with the enemies of the law, the good guys need to debunk every inapposite citation deployed against them and keep the courts honest and on-point, something too many in the legal profession apparently abandoned long ago for reasons of their own.
In order to facilitate this effort, I'm setting up a special space in which to post material debunking abused and misconstrued "precedents" such as the 'Lovell' rulings, 'Latham', 'Sullivan' and all the rest which litter government legal filings and have too often been taken by courts (without investigation) as actually standing for the proposition in the context of which they are cited, when knowledgeable examination actually proves this to be untrue. I'm inviting and encouraging every Warrior to take on the task of pulling at least a few weeds by subjecting one or more cases mis-used as "precedent" by government lawyers and "ignorance tax" beneficiaries to proper analysis and investigation, and then send the results to WeedWhackers (at) losthorizons.com (fix the email address appropriately when sending). In a short time, we should have a large collection of ready-for-prime-time, ACCURATE material concerning these cases, able to be used by pro se litigants or the attorneys of those using hired help.
I hope you'll all dive in here and contribute to this project. Submissions should be in MSWord or Rich Text format, and should include the full text of the case being analyzed and any preceding cases cited within the misused ruling (going back in like manner as far as necessary). Analysis should focus on claims of authority within the subject ruling which are not actually supported by the references cited, if any (which could be "case law" or statutes), or claims and conclusions actually contradicted by logic, Constitution, statutes or other rulings (which should be included in the submission). Layout should be:
It's our law, people, but only if we take charge of it. For far too long, the American people have left care of this oh-so-important resource to our competitors, who have unsurprisingly twisted it to their own purposes. There's a lot of truth in the old adage that says if you want something done right, you have to do it yourself, and it's hard to imagine too many areas where it's more important that things be done right.
Click here to help whack the weeds!
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DO YOU VALUE THESE NEWSLETTERS? WITHOUT YOUR CONTRIBUTION TO MY LEGAL DEFENSE FUND, THEY WILL NOT CONTINUE FOR LONG.
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Some Important Words About The "Climate Change" Scam ***** Glenn Greenwald has shared some good words about the "terrorism" hysteria promoted by those who would be our ruling class, and their sycophants in the mainstream media: The Degrading Effects of Terrorism Fears "The whole aim of practical politics is to keep the populace alarmed—and hence clamorous to be led to safety—by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken
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'Real Americans Walk the Walk' A CtC Film to See and Share Spread it around to EVERYONE!!
If you like, just copy and paste the following into your emails to everyone in your address book:
(Warriors! Where Are YOUR testimonials?)
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Set a brushfire-- E-mail this week's newsletter to a friend
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UPDATED!
A Brief Introduction To The Fascinating Truth About The Income Tax (A concise presentation of some key material from ‘Cracking the Code- The Fascinating Truth About Taxation In America’)
This important educational and outreach resource has been updated with more supporting authority and information. If you have downloaded this file before, replace with the new version (updated 11-10-09)
If you want to win, YOU'VE got to go to the trouble to send this .pdf file to every single person in your address book, whether it's your mother, your accountant, your bowling team, whoever.
Even better, sit down with these folks and read this document together.
I guarantee that if even just a few hundred thousand Americans who are not already sensitized to the "income" tax issue get this file, knowledge of the truth about the tax will irreversibly take root in the population as a whole.
Seriously. Do you want to win? SPREAD THIS FILE AROUND! Doing so will accomplish more than anything that happens in a courtroom, more than any argument you make with any bureaucrat, more than ANYTHING else that you can do. Are You Not Bothering? Then You're Just Talking The Talk.
You've GOT To Walk The Walk If You Want To Win.
"Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated." -Thomas Paine
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Set a brushfire-- E-mail this week's newsletter to a friend
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'Knowing Is Better' A new, 2-minute CtC video to see and share!
Click here to see or download the .wmv version (only 2.5 megs, and thus easily sent around by email), or see and share the large-format "high-def" version on YouTube here.
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Also Updated:
It's Time To Learn The Truth About The Income Tax
This "Truth-About-The-Tax-In-20-Minutes" film has been updated to report a more current posted victory total. If you've got it posted anywhere (i.e. YouTube, a personal website), please update your posted version!
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A Housekeeping Note Concerning State Warrior Groups
While doing state group updates recently I once again noticed that there are hundreds of folks whose state forums invitations are still pending due to never having received a response! Some of these open invitations go back a year or more.
If you have ever applied for a state forum membership in Arizona, California, Colorado, Florida, Georgia, Illinois, Michigan, Minnesota, Missouri, Nevada, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, or Wisconsin and have not been getting regular emails from the group, it is because you failed to accept the invitation that arrived in your inbox from "noreply @ googlegroups.com"! Even after you have sent your request to join your home state group as indicated at www.losthorizons.com/tax/StateGroups.htm, you must confirm your email address and accept the invitation as specified in that email from "noreply..." in order to finish the sign-up process.
You can, however, correct this at any time! Go to www.losthorizons.com/NewsletterFeaturePage.htm#JAF to learn how!
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CtC Videos And Audio Resources
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Doing A Little High-Payoff Math
If each person receiving this newsletter each week distributed as few as 100 of any of the great outreach tools featured here to co-workers, friends, neighbors and family members (or just strangers on the street, in the mall, etc...), we could have SEVERAL MILLION new Americans suddenly introduced to the liberating truth about the tax!
Just like that! In one week!
C'mon, people, let's roll on this!
Set a brushfire-- E-mail this week's newsletter to a friend
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C'mon, Warriors! We Need Videos!
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Don't Miss The Next ChatRoom Conference, May 12!
I'll be joining Roger Van Syoc and scores of other warriors in the “We The People of America” Paltalk voice and text chat room starting at 8 PM EST. These virtual meetings are interesting, informative, educational, and just plain ENJOYABLE! So, don’t miss this one! Reminder; you will have to have the FREE Paltalk software installed and working on your computer to attend the meeting. If you do not have it, go to www.paltalk.com and click on the “Download for Free” tab. I also suggest that you get a headset with microphone if you want to be able to talk rather than just text-message.
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Highlights Of The Current Newsletter
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A Few Tips For Making Best Use Of This WebSite
USE THE SITE MAP AT www.losthorizons.com/IncomeTaxSiteMap.htm!!!
USE THE SITE SEARCH PAGE AT www.losthorizons.com/search.htm!!!
When directed to a page by topic or link, read everything.
I know that this can mean the investment of a lot of time, attention and effort, but although some may imagine otherwise, I don't write as much as I do because I can't think of any other way to spend my time...
Furthermore, when you encounter a hyperlink within, or associated with, the text you are reading, follow it!
It is pretty common these days for web-based material to be littered with hyperlinks. Sometimes the purpose is to provide definitions or examples, in order to ensure that folks reading the original material aren't presented with a word or reference which they don't understand. Sometimes the links lead to illustrations pertinent to the original text.
It is common-- and perfectly understandable-- for folks who are confident that they are familiar with language or references within the main text they are reading to get in the habit of skipping over included links. I do it all the time, myself!
However, I very rarely include links for definitional or explanatory purposes; and when I DO make a link out of text in one page it is generally to another self-contained page, rather than merely illustrative material. These other pages contain material the clear understanding of which I deem highly important for the proper and complete understanding of the original page. (Links to CtC, the Victories pages, CtC Warriors and so on are obvious exceptions to this general rule. On the other hand, a link to the victory Highlights or 'Every Which Way But Loose' pages, which might seem like such exceptions, are not. The special selection of victories on those pages, and the filed docs and tax-agency correspondences included therewith, themselves constitute highly instructive material which merits careful attention. Thus care needs to be taken in all cases.)
Please make a habit of clicking on all provided links and at least looking briefly to ensure that the linked page is one with which you are completely familiar from another study session.
Finally, please keep in mind that, annoying though it may seem at first blush (but not, I trust, upon reflection), I constantly tweak material already posted. Obviously this doesn't mean that every page is in flux at all times, but it does mean that if you are directed to a page that IS familiar, it's worthwhile to read it through again if it's been a month or two since your last having done so. |
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The liberating truth about the "income" tax is turning those who would evade it EVERY WHICH WAY BUT LOOSE
Intro (Or click here to go straight to the new episode)
DO YOU REMEMBER those old sci-fi movies (and numerous 'Lost in Space' and 'Star Trek' episodes) in which an evil robot or a computer collapses into terminal dysfunction after being presented with data that "does not compute"? The machine would flail about dangerously for a bit (or smoke and shake, and threaten to explode) before finally going limp, silent and harmless.
"LOOK OUT, DOCTOR SMITH!! DANGER!! WARNING!!"
Some CtC Warriors are being drafted to play the part of the intrepid heroes of these space operas lately, with federal and state "income" tax agencies in the role of the neurotic robot:
Since August of 2003, when the revelations of CtC were first published, the IRS has been engaged in a desperate struggle to regain its hold of fear and confusion over those now equipped with an understanding of the long-hidden secrets of the "income" tax, and to stop that understanding from spreading. We have seen, for instance:
We have also seen a series of transformations in the means by which the occasional loose-cannon IRS staffer attempts to persuade a CtC-educated filer to stand down.
For a while, fairly brazen declarations that a filing meets the statutory definition of a "frivolous return" was the popular approach. Brazen or not, of course, these notices were always mere exercises in intimidation, which careful analysis readily revealed to be fallacious.
Everyone must come to his or her own conclusions, but consider: The notices strive hard to give the impression that the tax agency can unilaterally disregard the target's filing, and can tack on a penalty as well. BUT they say that the agency will generously refrain from imposing the penalty, if only the target withdraws the original filed testimony and replaces it with what the agency wants attested-to (which, remember, the target is simultaneously being told would be legally meaningless, because the agency can unilaterally disregard that original testimony at will...).
What is being implied is that, either way, the amount of tax owed is going to end up being whatever the agency dictates-- the filer's return notwithstanding. The only optional element is the additional penalty, which the agency is offering to forego out of the goodness of its heart.
Well, if this is true..., WHY SEND THIS "LETTER" AT ALL? If the agency has the power to unilaterally make these decisions, there is absolutely no point to asking the target to do anything!
If the agency (or its client) has the power it is suggesting, its correspondent would simply get a notice along the following lines: "Dear Mr. XXX: We have calculated your tax liability for 200X, and converted $XXX of your withheld property in escrow to our ownership. An invoice for the outstanding balance [if any] is attached. Your filed return was frivolous, and provided us with the authority to add a $XXX penalty to your tax liability. We have [added or foregone] this penalty."
After all, if the agency has the unilateral authority it is attempting to suggest that it does, why would it care whether another return was filed? (Readers of 'Cracking the Code...' will know the answer to that, of course.)
Instead, the agency DOES make this "threatening" request; and/or "proposes" calculated liabilities to which it asks its target's agreement in order to have effect (see examples of this here). Sometimes it begins sending endless "levy notices" to the unbending filer (which notices, insofar as they concern years when only accurate, educated returns have been filed, only allege liability for a penalty, and not for any tax related to the year in question-- even when the target has received a complete refund of every penny withheld or paid-in in connection with that year...). The sum of all of this is, of course, that the agency DOESN'T have the unilateral authority which it suggests that it does, and where accurate, educated filings are concerned, its "frivolous letters" are just exactly that: frivolous letters.
"Tax liability is a condition precedent to the demand. Merely demanding payment, even repeatedly, does not cause liability. For the condition precedent of liability to be met, there must be a lawful assessment, either a voluntary one by the taxpayer or one procedurally proper by the IRS." Bothke v. Terry, 713 F. 2d 1405, at 1414 (1983)
Nonetheless, as more and more warriors have forcefully pointed out to more and more IRS workers that inappropriately sending such threatening-looking letters cuts very close to the criminal under a variety of federal and state laws, the tax agency has scrambled to adjust. For one thing, the "frivolous" notices have been carefully and repeatedly modified toward ever-more obvious legal meaninglessness, in order to deflect potential charges of constructive fraud, witness tampering, extortion, etc.
At the same time, these legally dicey threatening-sounding notices have been largely replaced by a comical kind of delay tactic, in which the agency sits on a filing in silence, and when contacted with an inquiry to the effect of "Where the h*ll is my property?!", responds with a claim that the agency can't find the filer's return and a request that the offended filer please send a fresh copy, or a series of "We need 45 days to look into the matter-- please be patient-- don't call us, we'll call you..." notices.
In this series of articles, we take a close look at many of these gimmicks, ploys and dodges in order to accurately perceive their true character, and take in and appreciate the underlying message, which is that efforts like these are engaged in only when the actor has no real basis for its actions.
Enjoy.
EVERY WHICH WAY BUT LOOSE- XXXIV
This past January, CtC Warrior Vince Smith wasted no time sending in his claim for the return of everything that had been withheld from him and given over to the federal government in connection with the "income" tax during 2009:
Annoyingly, the IRS wasn't quite as eager to abide by the law...
(This image combines both pages of this "LTR 12C" balk-instrument)
However, Vince takes the law seriously, and knows that it is HIS responsibility to enforce the law when those in positions of authority and public trust seek to evade it:
This time the errant agency got the message that it's dealing with a real American, who won't let himself be browbeaten, fooled or frightened into assuming a prone position in the face of government misbehavior:
It'd be nice if these bureaucrats would just forget about all these shameful ploys as soon as they recognize that they're dealing with CtC-educated Americans, instead of clinging to the hope that maybe they've stumbled upon the odd one or two that might let themselves be intimidated into collapse, wouldn't it?
Someday...
In the meantime, though,
Watch out for that robot! I THINK IT'S GOING TO EXPLODE!!
Isn't it too bad everyone hasn't done like Vince, and read CtC-- the exclusive source of the complete, accurate and liberating truth about the "income" tax? You can help change that, and thereby help transform America. Click here to learn how (while you still can-- see below...).
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A helpful summary of certain core "income" tax dynamics, and the occasional resource for Warriors
More On §§ 6021(d) And 7491 "Additional Evidence" Requirements
I recently saw a story on the net about someone who (according to the story) was in a Tax Court proceeding recently in which the government produced the creators of "information returns" on which it was relying as witnesses. These witnesses affirmed that they had paid the amounts reported, and had filled out the forms. An interesting ploy, but nothing could be more irrelevant and insufficient...
Understand that the additional "reasonable and probative information" that the government must produce in response to a dispute with the assertions on an "information return", or its carrying its burden of proof as to such assertions, CAN'T simply be a recitation or transcription of the same information that appears on the IR. Neither that same information transcribed onto another form (such as an IRS "account transcript") or that same information recited by a live witness, even if that live witness is the person who filled out the "information return" in the first place, meets the statutory standards.
Such a recitation or transcription ISN'T additional information, nor is it proof of the disputed assertion. Such a recitation or transcription is merely the same, original information that the statutes say must be ADDED TO and/or PROVEN, not just repeated. The statutes don't say that the Secretary shall "prove that such assertions were made", they say that what is asserted must be proven, and by other evidence.
Understand further that per 26 U.S.C. §§ 6041 and 6051(a), what is to be reported on a Form W-2 or 1099 is the amount paid as remuneration for services rendered as an “employee” as defined in 26 USC § 3401(c) (through the definition of “wages” in 26 USC § 3401(a)) and/or the amount paid for services rendered in “employment” as defined in 26 USC § 3121(b) (through the definition of “wages” in 26 USC § 3121(a)), or the amount paid for activities in the course of a “trade or business” as defined at 26 U.S.C. § 7701(a)(26).
What must be substantiated under §§ 6201(d) and 7491, therefore, is not merely the accuracy of the report in regard to ‘the amount of dollars paid’, but the accuracy of the report in regard to ‘the amount of dollars paid that meet the statutory specifications for reporting with these forms’. Remember, these forms specifically and deliberately DO NOT ask that MONEY PAID be reported. Instead, they ask only for the report of payments meeting the statutory specifications.
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A New Resource: A CtC "Points and Authorities" Guide shared with the community by Warrior Steven Robert Jones
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Getting Your Ducks In A Row When you're in a shooting match where hits have been hard to come by, the problem may be that you've been dealing with a moving target... Here's how you can stake the other side down.
Two years ago, CtC Warrior Patrick Mooney went into tax court suing to recover "frivolous penalties" held back from otherwise complete refunds made to him by the federal government for several years-- one of which "penalized" years was another for which he had already gotten a complete refund. He had prepared as best he could, having never been in the court before (and operating on the expectation that the judge would know and apply the law). After a ten-minute "trial", Patrick was told that he "failed to prosecute his case" (with no further explanation forthcoming), and his suit was dismissed.
On Monday, March 15, Patrick went back. The proceedings were MUCH more extended, Patrick was treated with respect, and the court has yet to issue a decision. The difference? For one thing, Patrick is a two-years-more-thoroughly-CtC-educated litigant and he now had some familiarity with procedures in the court. Consequently, Patrick was able to able to handle things more effectively, generally.
But mostly, it was that Patrick went in with a powerful weapon. That weapon was the first thing deployed upon the opening of proceedings, was largely read into the record immediately, and was accepted as a whole without objection by either of Patrick's adversaries in the courtroom.
I'm speaking of a well-crafted Request for Judicial Notice-- a prepared body of relevant points of law and fact that establishes the parameters within which the court must act. Patrick's notice is largely a compilation of points published in CtC and/or posted on this page over the last few years (and now available in 'Was Grandpa Really a Moron?' along with background information and analysis). See it below, and enjoy. By the way, assembling the material into this notice form was largely the excellent work of Warrior Sarah Waltner.
REQUEST TO TAKE JUDICIAL NOTICE
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It's Not A Tax On Money-- Not Even The Money Called "Wages", Or "Income", Etc.
The success of the efforts to misapply the tax over the decades has rested in no small part on a sustained campaign by the tax-beneficiaries to behave as though everyone and everything is a part of the federal universe, in which every dollar changing hands is potentially a measure of a tax liability. This ploy contributes significantly to the difficulty many people have in remembering that the tax isn't actually a tax on money-- not even on money designated as "wages" or "net earnings from self-employment", or just as "income". Instead, the tax is on the happening of a taxable event, the extent of which is simply measured by the money changing hands.
The biggest problem arising from confusion on this point is a tendency to let tax-related arguments, such as those in Tax Court, revolve around whether receipts have been had and/or what receipts are to be called, rather than on the real issue: whether taxable activity has been engaged in. The result is the exploitation by the adversaries of the truth of the natural blurriness attendant upon the law's use of terms mimicking common words, while having more specialized meanings in the context of the law.
For instance, we've all seen sonorous declarations by judges that "wages are income". Of course, what qualify as "wages" in the context of the tax laws certainly ARE "income", but when a declaration of this sort is made, even those who know the difference between "wages" as defined in the tax laws and 'wages', the common word, can easily let the meanings of each confusingly blend with the connotations of the other. For those who DON'T already know the difference between the word and the term, sonorous declarations of this sort are entirely misleading, and are taken as a declaration by the judge (or whoever) that 'wages' (under the common meaning of the word) are "income" (as in, "taxable").
For that matter, based on this declaration alone, it is impossible to tell what the declarant even means. We all like to imagine that judges actually know the law, and would, if saying such a thing, simply mean to be understood as saying that "wages" as defined in the tax law are "income", but judges often DON'T know the law, and have themselves been misled by just this sort of statement issuing from the mouths of OTHER judges (or even just from the tax agencies, whose interest in cultivating misunderstanding on this point is obvious).
Consequently, it is very important for everyone's clarity of thinking, and productive argumentation, to keep firmly in mind that what matters is not what has been received, or what it is called. Calling receipts by their proper labels is a form of shorthand, and a useful one in many circumstances, but it presumes that everyone knows how to translate the label used into its proper, complete meaning, and will automatically (and honorably) do so. Neither of these things can be relied upon, and prudence dictates that the conveniences of shorthand be foregone when accuracy counts.
On those occasions, such as in a courtroom, the wise warrior will recognize that when an allegation of the receipt of "wages" is being made, what is really being said is that any money involved was received as a consequence of engaging in a taxable activity, as opposed to money received when NOT engaging in a taxable activity. That is, the fact that money may have changed hands is, by itself, entirely irrelevant to the foundational issue, which is whether one was doing something upon which the federal government has the authority to impose a tax. Only IF it can be proven that one was engaged in a federally-taxable activity (and one taxable without apportionment) does the receipt of money then arise as a secondary matter (and then only insofar as particular receipts can be tied to that activity and then be used as a measure of its extent).
(For some related observations, see 'A Wage By Any Other Name Is Taxed The Same' in 'Was Grandpa Really a Moron?')
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About Lemons, Bananas, And The Occasional Kumquat...
I've recently seen an increasing use of a cheap semantic ploy by the "ignorance tax" beneficiaries-- the deliberate mis-characterization of educated filings as being claims that the filer (or his "income") is "exempt" from the tax, rather than what is really being declared, which is that the earnings involved aren't "income" at all (and therefore not only needn't be "exempted", but actually CAN'T be, since they are not within the tax's scope in the first place). For instance, in a brief filed a few weeks ago by the Department of Justice (sic) attorney in response to a lawsuit brought by a CtC Warrior to compel the processing of his return, the govt. flack writes, "Plaintiff... ...believes that he... ...is exempt from the application of the income tax to his wages and other income."
This ploy is a very calculated effort to steer the thinking of anyone reading this brief (such as the judge) in order to evade what is REALLY being said by the filer (since if what the filer is really saying is squarely addressed, the "ignorance tax" beneficiaries have no argument to make). Happily, it takes but a moment to expose the nature of this subterfuge...
Here's a good relevant definition of "exempt":
As can be readily understood in light of this definition, earnings that are not "within the general class of "income"" don't need to be "exempted" in order to not be subject to the "income" tax, and a filing that declines to list some particular earnings in the "income" lines on a tax form isn't treating those earnings as "exempt" (nor is the filer suggesting that he is "exempt from the application of the tax to his wages or other income"). Such a filing is simply treating those earnings as "not income"-- that is, as not within the general class from which they even COULD be "exempted".
Here's an analogy that should help make this clear: Consider someone who possesses six lemons and six bananas and who is asked how many lemons he has. When he reports "Six", he is not "exempting" the bananas, he is simply recognizing that the bananas aren't lemons, and haven't been asked about at all.
A more complex formulation doesn't change this principle, by the way. For instance, imagine that our intrepid respondent is asked about how many pieces of fruit he has, if "fruit" is defined as follows, "For purposes of this inquiry, the term "fruit" includes lemons, oranges and kumquats." Our knowledgeable respondent would STILL answer, "Six", and he STILL wouldn't be "exempting" his bananas, because they STILL wouldn't be within the scope of the inquiry...
Remember, when given a definition as in this example, "fruit" no longer has anything to do with 'fruit', per se. Were the term meant to encompass "anything that is a fruit", it wouldn't have been given a special definition to begin with-- because that's what the word means WITHOUT a special definition.
Further, specifying certain varieties of fruit in the custom definition emphasizes that the term is not intended to encompass everything that happens to be 'fruit' per the dictionary definition of the word. If the term is intended to encompass everything that happens to be 'fruit' per the dictionary definition of the word, those specified varieties of fruit are already within that definition. They can only be being specified because they are being DISTINGUISHED from "everything that happens to be fruit", creating a new term that is explicitly NOT "everything that happens to be fruit".
Instead, "fruit" is now a term of special meaning that happens to be spelled the same as 'fruit', and it means "lemons, oranges and kumquats". Even if we apply the "limited expansion" effect to the term "includes", such as is provided for at 26 USC 7701(c) (allowing the expansion of the definition to other things of like kind and class as those listed), looking at the characteristics of those things listed we find that they are all spherical and citric (while also happening to be fruits). This make our class one of spherical, citrus fruits. Thus, bananas, which, while also happening to be fruits, are neither spherical nor citric and therefore cannot be deemed included.
Obviously, there is nothing difficult about any of this, and it is inconceivable that the mis-characterization of an educated filing as somehow being an assertion of "exemption" is a matter of innocent mis-understanding. On the contrary, it is entirely deliberate, and the message it delivers should be lost on no one: Mis-characterizations like this are deployed because the law-defiers have no argument against what a CtC-educated filing, claim or argument is actually saying.
For more on this subject, see WeedWhackers
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What They Said About He Said-She Said
An allegation on an "information return" is "reasonably disputed" merely by a sworn rebuttal, each being of the same legal stature-- Joe's affidavit v. Sam's affidavit. A tribunal is not in a position to unilaterally honor one and dishonor the other. As held by the Fifth Circuit Court of Appeals in reversing a Tax Court decision and ruling a deficiency determination invalid:
“[T]he Commissioner's determination that Portillo had received unreported income of $24,505 from Navarro was arbitrary. The Commissioner's determination was based solely on a Form 1099 Navarro sent to the I.R.S. indicating that he paid Portillo $24,505 more than Portillo had reported on his return. The Commissioner merely matched Navarro's Form 1099 with Portillo's Form 1040 and arbitrarily decided to attribute veracity to Navarro and assume that Portillo's Form 1040 was false.” "Therefore, the judgment below regarding unreported income must be reversed." Portillo v. Commissioner of Internal Revenue, Fifth Circuit, 932 F.2d 1128 (1991)
This principle finds expression in several statutes. For instance, see the language at 26 USC 7491:
This section is nicely explained by the 10th Circuit Court as follows:
Plainly, 4852s and 1099 rebuttals meet this standard and would be sufficient for a decision in the absence of contrary evidence. In fact, such forms have been found by the IRS to be sufficient upon which to base a decision-- in the filer's favor, and IN THE FACE of contrary evidence-- thousands of times...
Reading these rulings, I can't help but think about those "frivolous" delays to which some are subjected, based on nothing more than that a filing doesn't match an "information return"... *** 73 Am Jur 2d § 146 Operation of legislative definitions, generally Research References West’s Key Number Digest, Statutes 223.1
The lawmaking body’s own construction of its language, by means of definitions of the term employed, should be followed in the interpretation of the act or section to which it relates and is intended to apply.1 By the same token, the courts should not enlarge statutory definitions so as to include a situation or a condition which it might be assumed the legislature would have covered by an enlarged definition if its existence had been contemplated.2 A statutory definition supersedes the common-law,3 colloquial,4 commonly accepted, dictionary or judicial definition.5 In this regard, where statute itself contains a definition of a word used therein, the definition controls, however contrary to the ordinary meaning of the word it may be,6 and the term may not be given the meaning in which it is employed in another statute, although the two may be in pari material.7 Where the legislature has defined words which are employed in a statute, its definitions are binding on the courts since the legislature has the right to give such signification as it deems proper to any word or phrase used by the statute, irrespective of the relationship of the definition to other terms.8 Furthermore, where a word that already has a definite, fixed, and unambiguous meaning is redefined in a statute, the definition must be taken literally by the courts.9
1Curle v. Superior Court, 24 Cal. 4th 1057, 103 Cal. Rptr. 2d 751, 16 P.3d 166 (2001); State v. Olsen, 618 N.WE.2d 346 (Iowa 2000); Ohio Civil Rights Commission v. Parklawn Manner, Inc., 41 Ohio St. 2d 47, 70 Ohio Op. 2d 148, 322 N.E.2d 642 (1975); Devers v. Scranton City, 308 Pa. 13, 161 A. 540, 85 A.L.R. 692 (1932).
2Lenox Realty Co. v. Hackett, 122 Conn. 143, 187 A. 895, 107 A.L.R. 1306 (1936); Robertson v. Western Baptist Hosp., 267 S.W.2d 395 (Ky. 1954).
3Rayonier, Inc. v. Polson, 400 F.2d 909 (9th cir. 1968); 1137 18th Street Associates, Ltd. Partnership v. District of Columbia, 769 A.2d 155 (D.C. 2001).
4Western Union Telegraph Co. v. Lenroot, 323 U.S. 490, 65 S. Ct. 335, 89 L. Ed. 414 (1945).
5Stenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743 (2000); Driscoll v. General Nutrition Corp., 252 Conn. 215, 752 A.2d 1p069 (2000); Erlandson v. Genesee County Employees’ Retirement Com’n, 337 Mich. 195, 59 N.W.2d 389 (1953); Appeal of Clayton-Marcus Co., Inc., 286 N.C. 215, 210 S.E.2d 199 (1974); Minnix v. State, 1955 OK CR 37, 282 P.2d 772 (Okla. Crim. App. 1955).
6Appeal of Clayton-Marcus Co., Inc., 286 N.C. 215, 210 S.E.2d 199 (1974). The general Assembly’s own construction of its language as provided by definitions, controls in the application of a statute, and such definition will be given great weight against any claim that application of the statutory definition defeats the general purpose of the statute. Ohio Civil Rights Commission v. Parklawn Manner, Inc., 41 Ohio St. 2d 47, 70 Ohio Op. 2d 148, 322 N.E.2d 642 (1975).
7Davison v. F. W. Woolworth Co., 186 Ga. 663, 198 S.E. 738, 118 A.L.R. 1363 (1938).
8People v. Dugan, 91 Misc. 2d 239, 397 N.Y.S.2d 878 (County Ct. 1977).
9Young v. O’Keefe, 246 Iowa 1182, 69 N.W.2d 534 (1955); State v. Standard Oil Co., 61 Or. 438, 123 P. 40 (1912).
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An Excellent Response To Tax-Agency Frivolities
Here's Another, More Abbreviated Approach...
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The Five Most Powerful Things You Can Do About The Systematic Misapplication Of The Tax
Although it is very contrary to my nature (and my comfort) to have to point it out, it is a simple fact that if anyone else out there-- regardless of their "credentials" or their apparent sincerity-- actually knew what they were talking about regarding the tax, they would have a sustained body of evidence posted which demonstrates the accuracy of their notions. (Not just the alleged "evidence" which led them to their notions, mind you, such as a collection of excerpted statutory or regulatory sections, but evidence of the practical, positive outcomes of the implementation of those notions...*) They do not, of course, because their notions are simply incorrect, no matter how sincerely or loudly they may be proclaimed.
Time spent looking at material generated or posted by anyone pushing notions about the tax not found in CtC is worse than time wasted. It is time spent having one's clear view of the reality of the tax and everything related to the tax darkened-- something that will have to be undone later at the cost of more time and often a great deal of effort. (By the way, don't confuse an inability to understand what one is seeing with a lack of a clear view. Sometimes understanding lags a fair bit behind the opening up of one's window. But it will come, as is made clear here. For more on this, see this page.)
Further, the proliferation, and toleration, of error serves to delay the adoption of the truth by your neighbors, family, friends, co-workers, and, perhaps most importantly, those who will thus continue to burden you with erroneous allegations about your earnings. Why abide this delay, and these ill effects? Because you persist in harboring your own doubts about what you have learned in CtC, perhaps due to the intense tax-beneficiary and "tax honesty guru" assaults being made on the book for the past five years?
Having your own doubts is fine (as long as you continue to study so as to put them to rest). But that does not justify turning to, or tolerating, either outright demonstrable errors or those who promote what they like to suggest are "alternative or supplemental theories" about the tax or the manner in which the law works, which are somehow never supported by concrete evidence of their soundness.
The facts are this simple: Those who focus exclusively on CtC get it right and win victories. Those who allow clutter from elsewhere into their minds don't. At best such folks delay getting it right for as long as it takes to purge the clutter; and at worst, they just never get it.
(*In anticipation of what some might attempt to respond with to this regrettably necessary plain speaking, I'll point out that managing to be "left alone" for some indeterminate time-- which might end tomorrow-- by an IRS that is happily banking every penny withheld either as nominal "federal income tax" or as "Social Security" or "Medicare" taxes in the meantime hardly counts as meaningful evidence of a practical, positive outcome for anyone. Nor does merely succeeding in avoiding property loss by virtue of hunkering down in the shadows of the underground economy, nor managing to dodge a criminal conviction by convincing a jury that one was not acting willfully in doing whatever it was one was charged with.)
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“Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” -James Madison
CLICK HERE FOR THIS WEEK'S FEATURED 'EVERY WHICH WAY BUT LOOSE' EPISODE
Too Late To Apologize: A Declaration (A very entertaining music video)
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Have You Taken A Military, Law Enforcement or Public Office Oath To Uphold And Defend The Constitution?
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Set a brushfire-- E-mail this newsletter to a friend
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