Wednesday, November 4, 2015
Some IRS Material
Many believe that they are required to pay an "income tax" to a branch of the United States government called "The Internal Revenue Service". The origins and history of the IRS shows just how in error these beliefs are. Not only is there no law that requires most Americans to file an individual tax return, but the Internal Revenue Service (IRS) wasn't even created by an act of Congress!
Article I, Section 2, Clause 3, of the Constitution of the United States of America, in pertinent part, provides that:
". . . direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons . . . three-fifths of all other Persons."
In 1894, Congress passed a law which purportedly imposed a "direct income tax" on the Citizens of the several States within this Union, but failed to make any provision for apportionment, as required by Article I, Section 2, Clause 3, of the Constitution of the United States of America. In the case of Pollack vs. Farmers Loan & Trust Co., US (1895), the U.S. Supreme Court struck the law down, as being unconstitutional, because it failed to make any provision for apportionment, as required by Article I, Section 2, Clause 3.
Thereafter, Congress passed the Sixteenth Amendment to the Constitution, which was "declared" to have been ratified in 1913. The Sixteenth Amendment provides that:
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
The Constitutionality of the Sixteenth Amendment was challenged in the case of Brushaber vs. Union Pacific R.R. Co., 240 US 1 (1916). The U.S. Supreme Court acknowledged the apparent conflict between Article I, Section 2, Clause 3, of the Constitution, which required all direct taxes to be apportioned, and the Sixteenth Amendment, which appeared to eliminate the apportionment requirement. The Court pointed out that the Sixteenth Amendment did not repeal Article I, Section 2, Clause 3, but noted that it was under a duty to uphold the Sixteenth Amendment, if it could be interpreted in such a way so as to eliminate the conflict. The Court did hold the Amendment constitutional, but only because it interpreted the Amendment as applying only to "indirect taxes" or "excise taxes", and not to "direct taxes". Brushaber and other cases that followed, stated that the Sixteenth Amendment did not give Congress any new or additional taxing powers that it did not already have, but merely put into written form the state of the law as it previously existed.
Congress did not pass any other law intended to impose a direct tax on income until 1939, when the Public Salary Tax Act of 1939 was passed. The Public Salary Tax Act, Section 1, (which is now designated as 26 USC 1) imposed a tax upon the income of federal employees, U.S. citizens, and non-resident aliens. The term "United States" is defined in 26 USC 7701(9), as: "When used in a geographical sense, the term ‘United States’ means only the states and the District of Columbia. Section 7701(10) defines the term "States" as follows: " The term ‘States’ shall be construed to include the District of Columbia when necessary to carry out the purpose of this title". It is always necessary to construe the term "States" as including the District of Columbia, because Congress did not include the fifty (50) states, nor the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa. The Public Salary Tax Act of 1939 did not apply to Citizens of the forty-eight (48) States (now the fifty (50) States).
After Pearl Harbor was bombed by Japan on December 7, 1941, Congress declared war, and passed the Victory Tax Act of 1942, in order to raise money to support an Army. This was done in accordance with Article I, Section 8, Clause 12, of the Constitution of the United States of America, which provides:
"The Congress shall have Power . . . To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;"
In 1942, for the first time in the history of this country, the Bureau of Internal Revenue sent out 1040 Form to the general public in the forty-eight States. This was done even though the Victory Tax Act of 1942 only applied to citizens and residents of the District of Columbia, and non-resident aliens.
Most people thought that the Victory Tax Act required everyone to file a tax return and pay tax on "income", so they voluntarily filed a Form 1040 in 1942, 1943 and 1944. On May 29, 1944, Congress repealed the Victory Tax Act of 1942, but the news media did not publicize that fact. In 1945, the Bureau of Internal Revenue decided to mass mail 1040 Forms to the general public, just to see what would happen. Why not? The vast majority of the people had voluntarily file tax returns before. Since the public believed that the Victory Tax Act was mandatory in the then forty-eight (48) States, and did not know that it had been repealed, they filled out the 1040 Forms and mailed them in, along with their checks. The Bureau of Internal Revenue was ecstatic and committed itself to continue perpetrating the fraud on the Citizens of the forty-eight (48) States. So, the Bureau of Internal Revenue has continued to send out Form 1040's each and every year since.
Don’t be fooled. The "Internal Revenue Code" was first enacted in 1939 and was called the "Public Salary Tax Act of 1939". Since that time, the name of the Public Salary Tax Act was changed to the "Internal Revenue Code", which was amended in 1953 and 1987. However, the amendments did not change the fact that it only applies to the District of Columbia and the federal territories and possessions.
There is no provision in the Internal Revenue Code that imposes a direct income tax on the Citizens of the fifty (50) States, nor a requirement to file an income tax return, unless employed by the Federal Government. If you are a Citizen of Florida, a Republic, or any other state, and not a Federal Employee, nor a citizen or resident of the District of Columbia, you are not required by law to file a U.S. Individual Income Tax Return.
26 CFR 602.101, contains a cross-reference table, showing that the only form authorized for use in filing a "U.S. Individual Income Tax return" is assigned OMB Number 1545-0067. That number only appears on Form 2555, entitled "Foreign Earned Income", and states that it is to be attached to a Form 1040. Form 1040 is assigned OMB Number 1545-0074, and is only authorized to be used for reporting various types of "credits" to be set off against the "Foreign Earned Income" reported on Form 2555. If you did not have any "Foreign Earned Income" during a year, you cannot file a Form 2555 without committing perjury. If you did not need to claim any tax credits during the year, there is no need or requirement to file a Form 1040.
The definition of "Withholding Agent" contained in 26 USC 7701(16), which provides:
Section 1441 is entitled "Withholding of tax on nonresident aliens". Section 1442 is entitled "Withholding tax on foreign corporations". Section 1443 is entitled "Foreign tax-exempt organizations". Section 1461 is entitled "Liability for withheld tax" and provides that:
"Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter."
26 USC, Chapter 24, Collection of Income Tax At Source, Withholding From Wages, Section 3401, Definitions, states:
For purposes of this chapter, the term "wages" means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer,. . . .
For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation."
For purposes of the chapter, the term "employer" means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, . . ."
If you have never applied for appointment, nor have been appointed, as a "Withholding Agent", and have never been required to withhold "wages", pursuant to the provisions of Sections 1441, 1442 or 1443. Nor if you have never paid any "wages" to a "foreign alien" or "foreign corporation", you would not be liable for any wages withheld from nonresident aliens or foreign corporations under the provisions of Section 1461, of the Internal Revenue Code, therefore, you would not be required to file a Form 941.
The Authority of the Internal Revenue Service
to operate within the fifty (50) States
The Bureau of Internal Revenue and the alleged Internal Revenue Service were not created by any Act of Congress. These are not organizations or agencies of the Department of the Treasury, or of the federal government. They appear to be operated through pure trusts administered by the Secretary of the Treasury (the Trustee). The Settlor of the trusts and the Beneficiary or Beneficiaries are unknown. According to the law governing trusts, that information does not have to be revealed. You will not find the Bureau of Internal Revenue, or the Internal Revenue Service, or the Bureau of Alcohol, Tobacco and Firearms fisted in 31 USC, Chapter 3, as an authorized agency of the Department of the Treasury.
The Philippine Customs Administrative Act was passed by the Philippine Commission between 1900 and 1902, which created Trust Fund #1, the Philippine special fund (customs duties) (31 USC 1321). The Act was administered under the general supervision and control of the Secretary of Finance and Justice. The Philippine Commission passed another Act known as the Internal Revenue Law of Nineteen Hundred and Four. This Act created the "Bureau of Internal Revenue" and the federal government's second trust fund, Trust Fund #2, the Philippine special fund (internal revenue). Article 1, Section 1, of the Act provides that: "There shall be established a Bureau of Internal Revenue, the chief officer of which Bureau shall be known as the Collector of Internal Revenue. He shall be appointed by the Civil Governor, with the advice and consent of the Philippine Commission, and shall receive a salary at the rate of eight thousand pesos per annum. The Bureau of Internal Revenue shall belong to the Department of Finance and Justice."
At some unknown date, before 1940, another Bureau of Internal Revenue was established in Puerto Rico, along with Trust fund #62 Puerto Rico (Internal Revenue). These two Bureaus are the only Bureaus of Internal Revenue which have ever existed, one in the Philippines and the other in Puerto Rico. In 1953, the United States relinquished its control over the Philippines.
The Federal Alcohol Administration Act of 1935 was declared unconstitutional in 1935, and the operation was then transferred off shore to Puerto Rico. 27 CFR 250.1 1 provides the following definitions:
"Revenue Agent. Any duly authorized commonwealth Internal Revenue Agent of the Department of the Treasury of Puerto Rico.""Secretary. The Secretary of the Treasury of Puerto Rico.
"Secretary or his delegate. The Secretary or any officer or employee of the Department of the Treasury of Puerto Rico duly authorized by the Secretary to perform the function mentioned or described in this part."
In the absence of any other definition describing revenue officers and agents, Secretary, or the Department of the Treasury, the definitions above are uniformly applicable to all IRS and BATF departments, functions and personnel.
Through Reorganization Plan No 3 of 1940, the federal Alcohol Administration and the offices of the Administrator were abolished and their functions were thereafter administered under the supervision of the Secretary of the Treasury through the Bureau of Internal Revenue in the Department of the Treasury. On July 9, 1953, the Secretary of the Treasury, G. K. Humphrey, created the Internal Revenue Service with the stroke of a pen, by issuing Treasury Order 150-06, without the approval of Congress. On June 6, 1972, Acting Secretary of the Treasury, Charles E. Walker signed Treasury Order Number 120-01, which established the Bureau of Alcohol, Tobacco and Firearms, pursuant to his authority conferred under Reorganization Plan No. 26 of 1950. This was also done without the authority of Congress.
Based upon all of the foregoing citations, it is obvious that all Revenue Agents and Officers work as employees of the Department of the Treasury of the Commonwealth of Puerto Rico.
The Internal Revenue Service does not have any jurisdiction or authority over a Sovereign Citizen of Florida, a Republic, or any other state or commonwealth, to enforce the inapplicable provisions of the Internal Revenue Code, with which the IRS may contend that you are required to comply. The "Internal Revenue Service" has no legal jurisdiction in Florida or any of the other forty-nine (49) States. Everything the Internal Revenue Service does, assumes a self-appointed, self-serving authority and pseudo jurisdiction, under color of law, to conduct an administrative proceeding against anyone. The IRS is perpetrating the greatest income tax fraud on the Citizens that this country has ever seen.
For those who have ears, let them hear two translations of the same words of the Lord God:
Woe to those who drag iniquity with the cords of falsehood, and sin as if with cart rope;
Woe to those who call evil good, and good evil;
Who substitute darkness for light and light for darkness;
Who substitute bitter for sweet,and sweet for bitter!
Woe to those who are wise in their own eyes, and clever in their own sight!
Who justify the wicked for a bribe and take away the rights of the ones who are in the right!
Gordon Kahl was killed in a massive assault on Ginter's farmhouse in Lawrence County, Arkansas, on June 4, 1983. The events described below are from a typed statement by Kahl, probably written on the day of the described events, February 14, 1983.
I, GORDON KAHL, a Christian Patriot, and in consideration of the events which have taken place within the last few hours, and knowing to what-lengths the enemies of Christ, (whom I consider my enemies) will go to separate my spirit from it's body, wish to put down on paper a record of the events which have just taken place, so that the world will know what happened.
I feel that the awesome power which will be unleashed, to silence forever, my testimony, will, if not checked by the power of my God, who is the God of Abraham, and Isaac and Jacob, will cut short my time to leave to the world, these happenings. Therefore, I'm going to make this record, and leave it in the hands of those who I know will bring it to light, even though I may in the meantime be extinguished.
While urgency, or human weakness, tells me to run, my spirit says write, so this I am going to do. And if my God continues to protect me, I shall write first, and flee from the hands of my enemies later.
We had just finished our meeting in Medina, concerning how we could best implement the proceedings of the Third Continental Congress, which was to restore the power and prestige of the U.S. Constitution up to and including the 10 Articles of the Bill of Rights, and put our nation back under Christian Common Law, which is another way of saying God's Law, as laid down by the inspiration of God, thru His prophets and preserved for us in the Scriptures, when word was received from someone whose identity I am not able to give, that we were to be ambushed on our return to our homes.
I realize now that we did not take this warning as seriously as we should have. The reason for this was because it has happened so many times before, when nothing happened. I see now that the many false alarms were to cause us to lower our guard.
As we pondered what to do, someone suggested that we take two cars instead of one. Consequently, I went with Dave Brewer, and my son Yorie, Scotty Paul, my wife Jean, and Vernon Wagner, went in our station wagon. At this time none of us really expected any trouble, but just to be on the safe side, my son Yorie, myself, and Scotty prepared to defend ourselves, in the event that an attack upon us, should take place.
As we came over one of the hills just north of Medina, I saw on the top of the next hill what looked like two cars parked on it. About this time they turned on their red lights, and I knew the attack was under way.
We were just coming to an approach and I told Dave to pull in on it and stop. Our other car pulled in just beyond us and stopped, also. I looked back in time to see another vehicle coming from behind with it's red light on. I picked up my Mini-14, and I got out and got myself and my weapon ready as the vehicle coming from behind skidded to a stop about 20 feet away. The doors flew open on it and the two men who were in the front seat aimed their guns at us. My son Yorie had jumped out of the other car and had ran over to a high-line pole. The two cars which we had seen ahead of us, pulled up and stopped behind us.
A man got out of the vehicle which had come from behind us, and ran out into the ditch on the east side of the road. During this time there was a lot of screaming and hollering going on but nothing else, so it appeared to be an impasse.
About this time a shot rang out and the driver of the car who I believe at this time must have been supposedly in command, turned around and stood up so he was looking at his man in the east ditch, and toward the cars which had come from the north and yelled "Who fired, who fired?" The other man who was with him, echoed his question.
At the time the shot rang out I heard Yorie cry out "I'm hit, I'm hit" I took my eyes off the two men who were yelling "Who fired", and looked over at Yorie. He was still standing, but I could tell he was in pain from the way he stood. About this time, another shot rang out, and I heard Yorie cry out again. I looked over and saw that he was hit again and laying on the ground. I looked back toward the two men and saw the one in the passenger side aim at me and I was sure then that they felt the situation was no longer under their control, and the only thing to do was kill us all.
Before he was able to fire, I loosed a round at the door behind which he was standing, and while I don't think I hit him, I caused him to duck down behind the door.
I looked around again toward Yorie, and saw Scotty Paul running over toward him. I turned my head again in time to see the driver of the vehicle which had followed us raise up from behind the door and aim his gun at Scotty. I moved my gun over and fired at him before he could shoot. I didn't hit him either, the bullet striking somewhere near the lower left hand corner of the windshield. He ducked down behind the dash so I could only see his head. About this time the other man raised up and aimed at me again. I shot again striking the door and causing him to duck. This happened several times, with the two men alternating, and my shots causing them to duck each time before they could aim and fire. I don't know how many times I fired, until the man on the passenger side fell, and I was able to tell he was out of the fight. The driver must have seen this as he moved his gun from Scotty's direction toward me.
I fired several more shots at him each time he raised up to shoot at me. I finally realized this could keep up 'til my 30 round clip was empty. My bullets appeared to be ricocheting off the windshield and door post. I ran around toward the side of the vehicle, firing at the door as I went to keep him down until I got around far enough to get a clear shot at him, at which time I know he was out of the fight also.
I ran back where I could see the third man from this north-bound vehicle just in time to see him raise up to shoot at Scotty, who had ran over to Yorie. Before he was able to pull the trigger I fired and he fell to the ground. At this time I saw the man who was behind. the front end of the green Mercury, raise up and aim at, Scotty. He saw me swing my gun in his direction, and he ducked down behind his car. I could see his feet or legs beneath the car, and I fired, striking him and putting him out of the fight.
I ran over to the man in the east ditch, thinking he might still be in fighting condition. When I got nearly to him, he raised up his head and said "Don't shoot me again, I'm all done". He had his hand on his shotgun so I took that and his pistol which was in his holster and threw them in the back seat of the green Mercury. I didn't see the man who had been behind the Mercury, and who I thought I'd hit in the leg, so I don't know where he'd gone to.
A pickup had pulled up behind the north-bound vehicle, but I didn't notice anyone in it or around it and I assume it was the pickup we saw on the top of the first hill as we came out of Medina, and which I believe belonged to the city, but as to who was driving it, I have no knowledge.
Scotty tells me he saw one and possibly two men run out into the trees and hide, but I have no way of knowing who they were.
I think from the reports I've heard on the radio which was in the Mercury, that the car which came from behind, was the one the Marshals were in. If this is so, they weren't the ones who fired the first shots. The two men who were in the front seat were both looking in the direction of the green Mercury when they were shouting, "Who fired?"
Yorie's .45 auto which he had in his shoulder holster had either a rifle or pistol bullet imbedded in the clip, shattering the grips on both sides. Had he not been wearing it he would have been killed instantly.
Whether this was the first or the second shot that was fired at him I don't know, One was buckshot and the other was either a rifle or a high-powered pistol from the way the bullet looks.
I didn't see it, but it sounded as though Yorie's gun fired after he was hit. I think probably his finger tightened on the trigger when he was hit, but I know neither he nor Scotty fired before this, and whether either of them fired afterwards, I don't know. I know that if they did, they didn't hit anyone, as I knew when I hit each one of them, myself.
I saw a man in the clinic when we took Yorie in, who I think must have been the man in the pickup, who pulled up behind what I think was the marshals' vehicle. He had blood on his face and I think he was probably hit either by a bullet or bullets which glanced off the marshals' vehicle when I was firing at them. I didn't see him, and I know I didn't shoot at him, and I know neither Yorie nor Scotty shot at him.
Vernon Wagner was unarmed, so I know he didn't shoot at anyone and Dave Brower didn't shoot at anyone either. My wife had nothing to do with it, other than the fact that she had rode along with us, so she could visit with a couple of the other ladies who were coming to the meeting.
I want the world to know that I take no pleasure in the death or injury of any of these people, anymore than I felt when I was forced to bring to an end, the fighter pilots lives who forced the issue during WW II. When you come under attack by anyone, it becomes a matter of survival. I was forced. to kill an American P-51 pilot one day over Burma, when he mistook us for Japs. I let him shoot first, but he missed and I didn't. I felt bad, but I knew I had no choice.
I would have liked nothing other to be left alone, so I could enjoy life, liberty and the pursuit of happiness, which our Forefathers willed to us, this was not to be, after I discovered that our nation had fallen into the hands of an alien people, who are referred to us as a nation within the other nations. As one of our Founding Fathers stated, "They are vampires, and vampires cannot live on vampires, they must live on Christians'". He tried to get a provision written into the U.S. Constitution that would have prevented Jews living inside the U.S. He warned his brethren that if this was not done their children would curse them in their graves, and that within 200 years, their people (the Jews) would be setting in their counting houses rubbing their hands, while our people would be slaving in the fields to support them. This has happened exactly as was predicted.
These enemies of Christ have taken their Jewish Communist Manifesto, and incorporated it into the Statutory laws of our country, and threw our Constitution and our Christian Common Law (which is nothing other than the Laws of God as set forth in the Scriptures), into the garbage can.
We are a conquered and occupied nation; conquered and occupied by the Jews, and their hundreds or maybe thousands of front organizations doing their un-Godly work. They have two objectives in their goal of ruling the world. Destroy Christianity and the White race. Neither can be accomplished by itself, they stand or fall together.
We are engaged in a struggle to the death between the people of the Kingdom of God, and the Kingdom of Satan. It started long ago, and is now best described as a struggle between Jacob & Esau.
I would like to write more but the Spirit says this must suffice for now. Should the hand of Elijah's God continue over me, and protect me, I shall someday see this once great nation swept clean of Christ's enemies, and restored to its former greatness. If it should be the will of our Father, and the Father of our Lord Jesus Christ, that it is to be, there will be no way Ahab's god and his people can stand before us. Mystery Babylon with all its greatness, will be destroyed. Take heart, my fellow Christian Americans, God has said that there will be a great shaking in the land of Israel. That started this evening. Let each of you who says that the Lord Jesus Christ, is your personal Savior, sell his garment and buy a sword, if you don't already have one, and bring his enemies before Him and slay them.
If you've been paying tithes to the Synagogue of Satan, under the 2nd plank of the Communist Manifesto to finance your own destruction, stop right now, and tell Satan's tithing collectors, as I did many years ago, "Never again will I give aid and comfort to the enemies of Christ". To those of you who were engaged in the ambush and attack on us and were spared, thank God you have a chance to remove your support for the Anti-Christs who rule our nation.
To those of you who have been supporting the Edicts and Commands of the Great Whore — Stop now and come out of her, as her time is getting short and when the hour of her judgment comes, that you be not judged with her.
I must cease now, and move on. If it should be the will of the Father that I have more to do for him, He will protect me, and no devise whatever that is used against me will succeed. To my wife Joan, who has been with me for so long, I know this will be a hard and painful experience; however, remember the prophecy will be fulfilled, and you have now been a witness to some of it. Remember I love you as much today as I did when I first saw you more than 50 years ago. Put your trust in God, and whether I live or die, He will be with you to end of your days.
To my son Yorie and my dear friend Scotty -- you both displayed the qualities of first rate Soldiers of Jesus Christ. May God bless all of you.
I must now depart -- I have no idea where I'm going, but after some more prayer, I will go where the Lord leads me, and either live to carry on the fight, or die if that be the case, and for the present at least, I bid you all good-bye.
/s/ Gordon Kahl, Christian Patriot
18 Woe to those who draw crookedness with cords of falsehood, and sin as with wagon ropes,
19 who are saying, "Let Him hurry! Let Him hasten His work, so that we see it And let the counsel of the Set-apart One of Yisra'e1 draw near and come, so that we know."
20 Woe to those who call evil good and good evil; who put darkness for light and light for darkness; who put bitter for sweet, and sweet for bitter!
21 Woe to those who are wise in their own eyes, and clever in their own sight!
22 Woe to the mighty to drink wine, and brave men to mix strong drink,
23 who declare right the wrong for a bribe,and the righteousness of the righteous they turn aside from him!