Who's Liable To Have There Income Withheld
10-03-2009, 06:41 AM
Who's Liable To Have There Income Withheld
Everyone who works has there income taxed. Are we actually the ones liable for this tax? And if not, who is?
To understand how the income tax is applied we have to look at the legal authority the IRS has to tax U.S citizens living and working in the 50 States.
Keep in mind the Constitution protects the rights of these citizens therefore the Internal Revenue Code must be written in such a way as to remain constitutional.
Within the Internal Revenue code you have 11 subtitles A-K. Each subtitle is a totally distinct and separate body of law unto itself. This means the liability and enforcement are confined within one subtitle and do not extend into the enforcement of law into other subtitles.
Under the law, for one to become liable for payment of any given tax one must first be made legally subject to that tax.
This leads me to our first question, our we liable for payment of an income tax? The only place in all of subtitle A that makes anyone liable to pay tax on income is;
Quote:Title 26,Subtitle A Ch. 3 SubCh. B § 1461
Who is this person that congress made liable to deduct and withhold taxes? In Subtitle F Ch. 79 § 7701. Definitions;
(16) Withholding agent
The term “withholding agent” means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461.
Now lets see what those sections refer to,
Sec 1441. Withholding of tax on nonresident Aliens.
Sec 1442. Withholding of tax on foreign corportaions
Sec 1443. Foreign tax-exempt organizations
Its important to understand that while the withholding agent may be required to file a return on behalf of his non resident alien principle he's not required to file a return to report his own income earned within the 50 states.
The truth is, subtitle A imposes the liability of income taxes on the income of foreigners and certain U.S citizens working in a foreign country under a current tax treaty with the United States and earning over the 70,000 dollar annual exclusion.
There is no code section in all of Sutitle A or anywhere else in the entire internal revenue code for that matter that makes the United States Citizen earning his living exclusively within the 50 states of the union liable for the tax that subtitle A imposes.
10-03-2009, 06:46 AM
Who's Liable To Have There Income Withheld
<div align='CENTER'>COERCED CONFESSION</div>
In an interview with The New York Times (July 5, 1995) the head of the Internal Revenue Service admitted that filling out tax forms, as distinguished from paying taxes, is voluntary:
Quote:"And Margaret Milner Richardson, the I.R.S. commissioner, said that in I.R.S. usage, the term 'voluntary compliance' referred to filling out tax forms, not to paying taxes."
The commissioner's admission is quoted above from an article, "The Anti-Tax Man Cometh," that begins on page D1 of the Times business section. Commissioner Richardson's admission that filling out tax forms is voluntary rests not only upon the Constitution's prohibiting government from compelling self-incriminating testimony but also upon section 7206 of the Internal Revenue Code. Section 7206 reads:
Quote:Any person who- ... Willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter ... shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation) or imprisoned not more than 3 years, or both, together with the costs of prosecution." (See also 18 U.S.C. section 1621 for the definition of perjury.)Justice Hugo Black declared in United States v. Kahriger, 345 U.S. 22 (1953):
Quote:"The United States has a system of taxation by confession."Of course, <span style="color:White">confessions are not legal or valid under the Constitution if they are compelled. To ensure that tax assessment confessions are not coerced, Congress mandated that they have a jurat crafted and intended by law (see the aforementioned sections 7206 and 1621) to be signed willfully (the word means "voluntarily"), if signed at all. Thus, the making and signing of Form 1040 tax returns by individuals is voluntary for the simple reason that tax returns are made and subscribed under penalties of perjury (where filed 1040 tax forms were not signed under penalties of perjury, the courts ruled them to be invalid and not processible as tax returns). Obviously, any statement that subjects its affiant(s) to the penalties of perjury must have been made and signed willfully or voluntarily,<span style="color:White"> not under coercion or compulsion. If this were not true as a principle of law, policemen could legally force people into making and signing -- under penalties of perjury -- confessions to crimes, even imaginary ones.
If an individual may legally be compelled to state under penalties of perjury on a Form 1040 that he or she owes income taxes, he or she also may be legally forced to state under penalties of perjury that he or she murdered someone, even if no one was murdered. Filling out tax forms under compulsion violates the clear, legal intent and premise in Â§ 7206 of the tax code that tax returns be willfully made and subscribed. One need not be a cum laude graduate of a law school to know that a coerced statement -- whether about taxes or murder - though by a signed jurat declares it was made under penalties of perjury is nonetheless a statement verified by a lie. A coerced statement subjects no one to the penalties of perjury; and because by law tax returns are made and signed under penalties of perjury they cannot be coerced. Hence, the filling out and signing of tax forms under IRS intimidation, threats of monetary penalties, threats of federal prosecution and incarceration and/or under the coercion of courts does not subject the form's affiant(s) to the penalties of perjury nor does such coerced behavior constitute compliance with any law -- including the tax code -- but constitutes unwilling compliance with unlawful demands of Big Brother's henchmen and legal terrorists.
03-04-2010, 04:43 AM
RE: Who's Liable To Have There Income Withheld
The IRC has been changed over the years in order to better conceal the fraud that has been perpetuated on the American public.
Section 39.119-1 said
"From the Items specified in sections 39.119-1 to 39.119-6, inclusive, as being derived specifically from sources within the United States There shall, in the case of Nonresident aliens individuals and foreign corporations engaged in trade or business within the United states, be deducted the expenses, losses, and other deductions properly apportioned or allocated thereto and a ratable part of any other expenses, losses, or deductions whih cannot definitely be allocated to some item or class of gross income. The remainder shall be included in full as net income from sources within the United States. The ratable part is based upon the ratio of gross income from sources within the United States to the total gross INcome."
The regulation goes on to give an example;
Example. A Noneresident Alien individual engaged in trade or business within the united states whose taxable year is the calendar year derived gross income...etc...
When congress changed these sections to Section 1.861-8 in 1954 they added 30 pages to the once only 1 page statute along with a whole host of new legalese words such as "operative sections", Specific sources", and "statutory groupings", they also removed whose income was actually taxed under this section. The regulation today reads ;
Sec. 1.861-8 Computation of taxable income from sources within the United States and from other sources and activities.
(a) In general--(1) Scope. Sections 861(b) and 863(a) state in general terms how to determine taxable income of a taxpayer from sources within the United States after gross income from sources within the United States has been determined. Sections 862(b) and 863(a) state in general terms how to determine taxable income of a taxpayer from sources without the United States after gross income from sources without the
United States has been determined
It no longer admits as to what income this applies to. They also changed the Example portion of the regulation to show;
Example: A taxpayer engaged in trade or business...
They purposely removed the identity of who is liable for this section so that it looked like EVERYONE'S income was taxable. Its obvious they are trying to confuse americans into thinking there income is taxable.
When those sections were changed in 1954 congress made it clear nothing was changed about the meaning of those sections. Refer to the Senate Report;
Quote:SENATE REPORT on 1954 CODE
Later in 1988 the title of Subchater N Part 1 as it appears in the government printing office version of the code was changed from "DETERMINATION OF SOURCES OF INCOME" to "SOURCE RULES AND OTHER GENERAL RULES RELATING TO FOREIGN INCOME".
Remember that the titles of laws carry no legal weight. So why change the title? Simply to deceive.
We've been deceived to think that these sections refer to an citizen of a state residing in America receiving income from a U.S corporation is to be taxed. This section was purposely changed to remove any reference of non resident aliens or foreign corporations to deceive us.
"Inclusio unius est exclusio alterius. The inclusion of one is the exclusion of all others.
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