The Fair Tax- Jumping From An Imaginary Frying Pan Into A Very Real FireSubmitted by tuntavern1775 on Fri, 02/21/2014 - 11:39
I'm a member of a very small political sub-group. I love the Internal Revenue Code.
Now I am not a card carrying communist, or even a left-leaning pinko. I never hugged a tree in my life, and I never look to government to solve my problems.
Trained in legal research as I am, I read a lot – a lot of legal stuff. Boring, voluminous stuff. During the course of some heavy reading I came across something very interesting. As I was deep into Title 26, the Internal Revenue Code, I discovered what I now know, is the largest financial scam in the history of the world.
Depending heavily on a fine treatise by Pete Hendrickson, (Cracking The Code-The Fascinating Truth About Taxation In America) I put the puzzle together. Now believe me when I say that when the pieces fit together, a clear picture appears.
There are three areas of law that when considered together and applied to the I.R.C., enable one to understand the true nature of the tax code. Upon gaining that insight, one is truly liberated and empowered. Free at last, free at last! Here's three general law subjects that one should understand before trying to unravel the tax code.
One. Black Letter Law. What does the actual law really say? One must take the time to actually READ the law and where there is ambiguity or confusion, take the effort to clear it up. You may need to consult a treatise or a law dictionary. You will probably learn some Latin along the way. It's all good. Find Title 26 at the Law Library and pack a lunch – it's an all day affair.
Two. Judge-made Law. This comes from appellate cases. Find the Supreme Court cases that are relevant to federal income tax issues. Here is where you will find out about the 16th amendment and how it changed almost nothing about who or what is taxed under the code. In musical terms, this is called “the hook.” This is where I started to fall in love with the federal income tax.
Three. Statutory Construction. Very simply, how laws are worded and the basic rules for statutory language and structure. What concerns us most here, are custom definitions, versus everyday household words. (Words and terms are two different animals.) Are you an employee? Probably, but are you an “employee?” You could be, but the term is narrowly defined in and for the purposes of the tax code, and that makes all the difference in the world.
The IRS provides a mechanism and a form to use, to correct payroll clerks who, having failed to read anything like the tax code or Supreme Court cases, naturally report false information about your earnings. Unless you use the form (4852) and rebut and correct the record, the IRS will accept the clerk's sworn-to error as fact. The IRS is obligated to return all withheld property to persons whose earnings may have been mis-characterized by payroll clerks who are mis-informed about all of this.
Knowing what I know, when I hear Neil Boortz and others promoting a national sales tax, I ask – Why would you jump from an imaginary frying pan into a very real fire? Why give the federal government what is does not now have, and does not need? Why go from a tax that most citizens can avoid (by not engaging in federally connected activities that trigger a tax liability.) to a tax that gives the federal government jurisdiction over every retail transaction in the nation? What is it about the fair tax that would reduce the government in size?
Why not learn the tax code we now have, and learn that it is an avoidable excise tax? If you don't care to delve into the code just yet, get Hendrickson's book (LOSTHORIZONS.COM) and educate yourself. Then tell the IRS the scam is over.
Imaginary frying pans are forged of ignorance and a lack of scholarly diligence. I, for one, will not be holding hands with ignorant fair taxers and leaping into a very real fire.
William A. Shields is a talk radio host and a recovering, former air traffic controller. His novel- Exit 13A – A Control Tower Diary, has been called politically incorrect, scary, enlightening and funny. He can be heard on Monday evenings at 9:00 PM EST on WVLT.COM, or 92.1 FM in Philadelphia.