I Henry Newman am not a tax protester! However I am a nontaxpayer. I do not disagree with, or protest the law. The Law, the Income Tax Regulations and the supreme Court all concur: "The Income Tax is a tax upon Corporate activity an (excise tax) "Compensation for labor, earned by an American Citizen, in any of the 50 states in a lawful occupation is not taxable! THE GRADUATED INCOME TAX IS 100% VOLUNTARY FOR THESE CITIZENS!" I agree, so there's nothing to protest! Go look for yourself!!
9/30/08
Sec. 7701. Definitions
The term "taxpayer" means any person subject to any internal revenue tax.
How or when did Congress impose/make you subject/make you liable (all the same) to any internal revenue tax?
Subtitle A Part 1 = Income Tax
Sec. 1 Tax Imposed
There is hereby imposed on the taxable income of - - Now we find the word "individual" used in many forms which is a very slippery definition. The definition of individual can include a natural person but it may not include a natural person. How's that for specificity? And the term individual is never defined in the internal revenue code. The Code says a person includes an individual but it never defines individual. But when the Internal Revenue Code talks about (nonresident aliens, foreign corporations) it uses the term "individual" and you thought you knew what individual or person meant. Not in law you don't! Not unless it's defined.
... which is on nonresident aliens (domestic source income), foreign corporations (domestic source income). (liability appears in) section 1461 chapter 3) here is where you find the party liable for the tax. The reason the domestic withholding agent is made liable is cause they are the last ones to touch the money before it is sent over seas. The domestic withholding agent must hold the tax withheld under section 7501 Subtitle F chapter 77 in trust in the interest of the United States. The withholding agent then must file a tax return on behalf of the nonresident alien, foreign corporation and pay that (tax money) over. If the nonresident alien, foreign corporation feels to much was withheld they can file a form 1040NR if they are over seas or if they are here in the USA more than 180 days then they would use the form 1040 and then form 1120 this is not a domestic business return. The domestic withholding agent is the ONLY person in subtitle "A" whom is made liable = (is required file returns and to pay over the money). (imposed just means a tax burden has been placed upon them)
Subtitle B = Estate Tax
Subtitle C = Employment Tax section 3101 Social Security
Subtitle D = Excise Tax manufacture of Alcohol, Tobacco, Firearms, Tires
Subtitle E = Additional Excise Taxes and industory taxes
The W-2 and the 1099 are Class 5 tax forms and used exclusively for reporting either estate or gift income. Did you the individual receive any estate or gift income from your labor?
OMB Control Numbers
Search for 26CFR602.101
Internal Revenue Code: Section Index
The OMB # on the 1040 form is 1545-0074 and the W-4 are the same (it ain't there!) relating to 1.6011-1 and 1.6012-a.
Look at the "Paper Work Reduction Act" it says "(XII Sec. 3512. Public protection
1. Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this chapter if--
i. the collection of information does not display a valid control number assigned by the Director in accordance with this chapter; or
ii. the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
B. The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.)"
1040 Checkmate? DOJ Dismisses Felony Tax Prosecution After PRA "Paper Work Reduction Act" Defense
Items of Gross Income defined (b) Cross references For items specifically included in gross income, see part II (sec. 71 and following).
(II) the alimony or separate maintenance payments paid by the payor spouse during the 3rd post-separation year, plus
This is it folks, nothing more.
Section 61 = Defines "Gross Income"
Section 63 Defines "Taxable Income"
TITLE 26, Subtitle F, CHAPTER 61, Subchapter A, PART II, Subpart A, Sec. 6011
(a)General rule
When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Secretary. Every person required to make a return or statement shall include therein the information required by such forms or regulations.
(b)Identification of taxpayer
The Secretary is authorized to require such information with respect to persons subject to the taxes imposed by chapter 21 or chapter 24 as is necessary or helpful in securing proper identification of such persons.
If the DOJ ever charges you with “Willful Failure to File” their whole case will pivot upon “gross income”. The reason I say this is because they will have you concentrating on the willfulness issue, which is important, but at the end the judge will instruct the jury that you had “gross income” and that they need to find you guilty of “willful failure to file”. So it is incumbent upon you to make it so the judge cannot utter the words “gross income” during jury instructions. Because you will have proven that you did not have "gross income” and there was no “duty” for you to file. And when you do that it also destroys the charge of "willful failure to file". The charge “Willful Failure to File” is a smokescreen to cover the true point of the case.
The reason the DOJ/IRS will charge you with “Willful Failure to File” is because they have received unsigned with no jurat attesting to its correctness "information returns" with your name on them. Forms 1099, W2 and others. How come? Cause you gave your (employer) an SSN. I know no number no job. But having a number does not mean you have "gross income” or are infact a taxpayer.
Example: Februray 1, 2008
A federal jury in Florida has acquitted actor Wesley Snipes on two felony charges of fraud and conspiracy. He was also acquitted on the counts for failing to file a tax return for the years 2002-2004 but was convicted on three misdemeanor counts of failing to file a tax return for the years 1999-2001. He was acuitted for the years 2002-2004 because he was under criminal investigation and filing a return would have required him to waive his right not to be a witness against himself.
Mr. Wesely Snipes had some really sharp lawyers but they missed the point of the “Willful Failure to File” and the judge uttered the words “gross income” to the jury and he was found guilty of willfulness. Which implies that he had a duty and knew he was required to file a tax return.
You must remember the venue you are in. You need to know who your adversary is and you need to be wise. Remember courtrooms have they're own set of rules. One such rule is, if you do not raise an objection to any element of the case that the opposition brings against you, you are agreeing to that point. So when the government contends that you have "gross income" and you do not object then you have acceded to having received "gross income". Since "gross income" is 16th amendment income and can only be had by those upon whom Congress has imposed "subtitle A". “Which we call income tax.” Then you have acceded to being a person upon whom Congress has imposed the tax. At that point all the judges actions can be seen as completely reasonable. Including his instructions to the jury that "you were required to file a return". That is a hell of a consequence for merely not challenging a representation made by the government in your case. A representation made about you, against you an element of the accusation that has been made against you and you don't rebut it. And you see when we put "gross income" together with the 16th amendment subtitle "A" is the tax addressed by the 16th amendment. Gross income is that tax addressed by the 16th amendment. Subtitle "A" is the tax addressed by the 16th amendment. So when the government says Bob Jones had "gross income" and you're attorney gets up and says
"Well your honor this is a mere penalty statute. We would like to see the requirement that makes my client required to file a return."
Can you see that argument is now "frivolous" because the fact there was no objection to receipt of "gross income" forecloses any further discussion. If you didn't object you've got it. You did indeed receive "gross income" and if you did Pay the Man! If you did receive gross income / 16th amendment income, same thing, then subtitle "A" does apply to you, you do need to file a return and you do need to pay the tax. ALL of that, ALL OF THAT and the consequences that come from that. We've just gone as far as the jury instructions. All of that because you did not challenge did not object to and challenge the averment by the Gov. It’s amazing how the most simple principals can undermine our freedoms and our rights.
Since the government has to prove every element of the crime once you raise the challenge, in other words you're not saying "I didn't get gross income" what you are saying is the government is referring to something that is not substantiated by any evidence upon the record. There has to be evidence upon the record before they can make that claim. There has to be evidence of "gross income". If the government wants to bring some evidence in, you’ll have the opportunity to rebut the evidence. There is a process there. Lets say the Gov. doesn’t have any evidence. Just to simplify this example. And the US Attorney says "Ah yes Mr. Jones had $55,000 dollars in "gross income". "Your honor WE object presumes facts NOT in evidence." It is possible the judge may say "over ruled move forward” OH That’s unpleasant! And things like that happen in courtrooms. They tend to happen more often in tax cases because of two reasons, dirty judges and stupid judges. Which when it comes to tax law happens to be the majority of judges. But by raising the issue, by making the objection, you have preserved the issue for appeal. And that is VERY VERY important because you get to take this very hugely significant point of law to the appellate court and you get to put on your dog any pony show there. That is where the government has to come in at the appellate level and prove you had "gross income". (Dave Champion)
Even though the form 1040 has no valid OMB number.
And the "Paper Work Reduction Act" points out that if a form does not have a valid OMB number you can not be required to provide information on that form.
Look at the "Paper Work Reduction Act" it says "(XII Sec. 3512. Public protection
1. Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this chapter if--
i. the collection of information does not display a valid control number assigned by the Director in accordance with this chapter; or
ii. the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
B. The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.)"
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