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Wesley Snipes story on O'Reily Factor
Submitted by VegasBD on Mon, 01/14/2008 - 20:38
"Some loon told him not to pay taxes" "Some ridiculous 861 law says he doesnt have to pay" "hes not going to win, hes going to jail" "they gotta make an example of him..." » |
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The question is not whether the income tax is legal
The question is whether is is antithetical to freedom and liberty.
The idea is not to change the opinion of the courts, but the minds of the people.
If the the government has the right to tax your income at 1 percent they have a right to tax at 100 percent, this is a well settled point of law.
How dare a government claim the right to control all of my "income" and turn around and ask for tribute for protecting my "freedom".
Bah!
If I claimed this right over another individual it would be called slavery, and rightly so!
actually nm i think you are completely wrong....
If this guy is correct, he rejects the 861 argument but also states that you are still not liable to file a tax return.
http://www.paynoincometax.com/861.htm
"Truth is treason in the empire of lies." - Ron Paul
it boils down to the constitution and preception
it's been illegally enforced for so many years that noone knows the difference other than those that have done the research.
check this link out...
http://www.freerepublic.com/forum/a3b2b7e5014d6.htm
From Wikipedia
Similar "Sixteenth Amendment arguments" have been uniformly rejected by other United States Circuit courts in other cases including Ficalora v. Commissioner;[7] Sisk v. Commissioner;[8] United States v. Sitka;[9] and United States v. Stahl.[10] The non-ratification argument has been specifically deemed legally frivolous in Brown v. Commissioner;[11] Lysiak v. Commissioner;[12] and Miller v. United States.[13]
That guy is still wrong, but even he recognizes that 861 is dumb
It's a bad sign for Snipes that a TAX PROTESTER thinks that Snipes' 861 argument is going to lose.
The rest of the site is still just plain wrong. Tax protester FAQ: http://evans-legal.com/dan/tpfaq.html
VegasBD
Might wanna have a look at this. http://video.google.com/videoplay?docid=-1656880303867390173
Ok..the 861 argument may be true...
BUT there is still no law that says you have to pay taxes to the federal governement. There are also people who win this argument. Other wise why would they have such a problem showing people the law that says they have to. They wouldn't stutter over the issue, etc. I wrote an email to the journalist for the New York Times. You're going to love this:
Mr. Johnston, With regards to your story on Wesley Snipes and his "tax evasion", I encourage you as a reporter to do your own research and please alert us when you, yourself, find the law that states that the average American citizen must pay income taxes. I can tell you now, there isn't one. And they can't show you one. The 16th Amendment was determined in 1918 by the Supreme Court to have not levied any NEW taxes on the American people. This has never been over turned. Lower courts are illegally over ruling the Supreme Court decision. I notice that you only cited cases in which people were forced to pay the taxes anyway even after they were found "not guilty". There are many others in which this did not happen. Taxes are very real. IRS enforcement is very real. Unfortunately, if you do careful research, you will discover that their authority to force us to pay taxes, is not. I urge you to take 2 hours out of your time and watch the following video. You may be sickened and surprised: http://video.google.com/videoplay?docid=-1656880303867390173
Sincerely, Jennifer McKinley
Civilian Journalist www.newstarget.com
This was his response:
Mr. McKinely, (don't know why he said this...as a journalist I would have thought that he was more observant)
Your are dead wrong on the facts.
Go read Article 1, Section 8 of our Constitution.
Then read sections 1, 61 and 63 of Title 26 of the United States Code, though they make more sense if you read 61 first.
The courts have rejected every single theory put forth by tax deniers because all of them are based on ignoring parts of the law or misreading the law.
David Cay Johnston
www.urbannaturals.net
Courts have REJECTED this very argument
This "they didn't show me the law" argument is BS. First, you have a duty to know the law. Second, the IRS publishes a 70-page guide explaining all of the laws showing why you have to pay taxes: http://www.irs.gov/newsroom/article/0,,id=176924,00.html . They have definitely "shown you the law" without "stuttering" in that booklet.
And there is most definitely a LAW saying that you owe tax. It's called the IRS Code. It was passed by Congress, just like any other law. It's available online and explains, in great detail, exactly how much tax you owe: http://www.irs.gov/taxpros/article/0,,id=98137,00.html
The question is not whether the income tax is legal
The question is whether is is antithetical to freedom and liberty.
The idea is not to change the opinion of the courts, but the minds of the people.
If the the government has the right to tax your income at 1 percent they have a right to tax at 100 percent, this is a well settled point of law.
How dare a government claim the right to control all of my "income" and turn around and ask for tribute for protecting my "freedom".
Bah!
If I claimed this right over another individual it would be called slavery, and rightly so!
Then why do they have such
a hard time. When people say, "show me the law and I'll pay the taxes" and the IRS Commissioner is up there saying it is a "fundamental obligation" and the entire tax code says "voluntary compliance"?
I didn't say that I don't pay mine.
Have you watched that video, btw?
www.urbannaturals.net
The IRS is not your lawyer
When you get pulled over for speeding, do you get to ask the police officer to show you (1) the law that gives the state the right to hire police, (2) the law showing how radar guns are to be calibrated, (3) the law for speeding, (4) the law establishing the speed limit for that particular road? No. You get to contest that IN COURT, but the cop doesn't have to show you the law.
Here, the IRS is NOT YOUR LAWYER. They don't have a duty to explain how the law works to you. That's the job of your lawyer. If anything, the IRS CAN'T do that because if they went too far in explaining the law as applied to your situation they'd risk "practicing law without a license."
The entire tax code does NOT say "voluntary compliance." Take a look:
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_0...
There is hereby imposed on the taxable income of—
"Hereby imposed" is mandatory language. There's nothing voluntary AT ALL about "hereby imposed."
we could go back
and forth all night...but watch the video.
those men and women certainly act suspect when asked to site the law requiring that the average person pay taxes on their wages.
I have a best friend that just left IRS Criminal Investigation and went to homeland security...he couldn't find it either...but admits that they are ruthless in getting what they think you owe them.
Thanks for the links though. I will save them and look further into this as I have honestly never seen anyone combat this without talking in circles. So I'm willing to at least consider that you could be right. :)
www.urbannaturals.net
I appreciate your open-mindedness
It seems like "there is no law" would be the easiest thing on earth for Congress to fix. I mean, if Congress is all-powerful and all that, how hard would it have been for Congress to slide the fix into an appropriations bill? Nobody reads those things.
That said, I'm pretty sure the IRS Code (which was passed by Congress) sets forth more than enough law to hold people accountable to pay taxes.
post deleted...
finding the answer i need now.....
"Truth is treason in the empire of lies." - Ron Paul
Unfortunately, all true
Unfortuantely for Snipes, that's all pretty much true.
The courts have repeatedly rejected 861 arguments. They are laughed at by judges. The argument has been rejected over and over and over again.
Even a TAX PROTESTER thinks the 861 argument is dumb: http://www.paynoincometax.com/861.htm
The IRS thinks the 861 argument is dumb:
http://www.irs.gov/irb/2004-12_IRB/ar09.html
A tax law professor thinks the 861 argument is dumb:
http://taxprof.typepad.com/taxprof_blog/2007/12/irs-issues-7...
The Tax FAQ thinks it's dumb:
http://evans-legal.com/dan/tpfaq.html#section861