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RE: Nevada Businessman Trumps IRS! - 12/7/2007 2:01:55 AM   
luckydog1


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Suano, I wanted an actuall court case, not a nonsense web video.  I have seen it, pure garbage factually.

(in reply to Sunao)
Profile   Post #: 21
RE: Nevada Businessman Trumps IRS! - 12/7/2007 2:31:40 AM   
SugarMyChurro


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I think this issue is more complicated than you can accept, luckydog1.

The law on this is all smoke and mirrors. But you will never see them say that no one has to pay the tax, then the scam would fall apart. But there's no real solid legal foundation for many of the rulings we get from the courts. You will pay because they have the means of distraint to make you pay - by force, by the threat of imprisonment and financial ruination.

Court cases tell us the following strange things: the income tax is both direct and indirect, it is an excise tax on labor, it is not an excise tax on labor, it is subject to the rule of apportionment, it is not subject to the rule of apportionment, it is superseded by the 16th Amendment, and the 16th Amendment has no effect on the existing powers of taxation. Basically, the laws say whatever they say it means on whatever day you end up in court.

In theory, the income tax as it is applied to individuals should be unconstitutional for reasons of it being direct tax without following the rule of apportionment and etc as stated in the main body of the Constitution. FWIW, I am also one of those that thinks that the 16th Amendment was not ratified properly, but I wouldn't try to win any court cases because of that possibility.

One thing you will find is that people are occasionally acquitted of various tax crimes because nowhere does the code actually state who exactly must pay - you are hooked in via a supposed tax liability, if you can argue that you felt you weren't liable for whatever theory you maintain it's possible that a jury may believe that you are making a good faith attempt to merely avoid tax liabilities. I suspect they still nail you for the financial part of it and make your life a misery.

But it's all bullshit and maintained by force alone. The tax laws bend any way they say.

I wouldn't challenge the IRS simply because the vast majority of people lose and lose big. It's sad, and a shame that the laws are so messed up. But we all know we have to pay something to support the government in any case.



(in reply to luckydog1)
Profile   Post #: 22
RE: Nevada Businessman Trumps IRS! - 12/7/2007 3:01:33 AM   
SugarMyChurro


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This is a digression, but I can't resist it. If you think the way the tax system works is OK, then I would suggest you see this:

War on Greed: Starring Henry Kravis and his Homes [video]
http://bravenewfilms.org/blog/20619-war-on-greed-starring-henry-kravis-and-his-homes?play=1

The point is this: tax avoidance is perfectly legal and even encouraged - it's how the politicians get greased for favors they give to their friends. If you pay a lot in taxes it just means you don't have the right friends in congress and therefore can expect to pay a lot in taxes.

There's no justice in any of this. It's just looting you to give to the already rich.

I call it "Reverse Robin Hood."

(in reply to SugarMyChurro)
Profile   Post #: 23
RE: Nevada Businessman Trumps IRS! - 12/7/2007 8:26:04 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
quote:

Basically, the laws say whatever they say it means on whatever day you end up in court.


That masterful analysis should pretty much end the argument.



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to SugarMyChurro)
Profile   Post #: 24
RE: Nevada Businessman Trumps IRS! - 12/7/2007 9:15:52 AM   
subfever


Posts: 2895
Joined: 5/22/2004
Status: offline
quote:

I think this issue is more complicated than you can accept, luckydog1.

The law on this is all smoke and mirrors. But you will never see them say that no one has to pay the tax, then the scam would fall apart. But there's no real solid legal foundation for many of the rulings we get from the courts. You will pay because they have the means of distraint to make you pay - by force, by the threat of imprisonment and financial ruination.

Court cases tell us the following strange things: the income tax is both direct and indirect, it is an excise tax on labor, it is not an excise tax on labor, it is subject to the rule of apportionment, it is not subject to the rule of apportionment, it is superseded by the 16th Amendment, and the 16th Amendment has no effect on the existing powers of taxation. Basically, the laws say whatever they say it means on whatever day you end up in court.

In theory, the income tax as it is applied to individuals should be unconstitutional for reasons of it being direct tax without following the rule of apportionment and etc as stated in the main body of the Constitution. FWIW, I am also one of those that thinks that the 16th Amendment was not ratified properly, but I wouldn't try to win any court cases because of that possibility.

One thing you will find is that people are occasionally acquitted of various tax crimes because nowhere does the code actually state who exactly must pay - you are hooked in via a supposed tax liability, if you can argue that you felt you weren't liable for whatever theory you maintain it's possible that a jury may believe that you are making a good faith attempt to merely avoid tax liabilities. I suspect they still nail you for the financial part of it and make your life a misery.

But it's all bullshit and maintained by force alone. The tax laws bend any way they say.

I wouldn't challenge the IRS simply because the vast majority of people lose and lose big. It's sad, and a shame that the laws are so messed up.


Agree with all of the above.

quote:

But we all know we have to pay something to support the government in any case.


This is where we part company.

Under the current system this may be true. Under an honest and moral system where the people issue and control their own monetary system, where dollars represent units of value instead of IOUs and money is spent into the economy instead of sold as debt, where the "acceptable" inflation rate is zero instead of 3-4%... there would be no need to tax the people's labor in times of peace.

Times of war would be far more scarce if those advocating war would need to impose a tax upon the people to finance it, perhaps even limited to defensive participation. 







(in reply to SugarMyChurro)
Profile   Post #: 25
RE: Nevada Businessman Trumps IRS! - 12/7/2007 9:18:54 AM   
subfever


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quote:

ORIGINAL: farglebargle

quote:

Basically, the laws say whatever they say it means on whatever day you end up in court.


That masterful analysis should pretty much end the argument.




Indeed, very well put. I doubt even Lucky will argue this one.

(in reply to farglebargle)
Profile   Post #: 26
RE: Nevada Businessman Trumps IRS! - 12/7/2007 10:32:46 AM   
luckydog1


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I will argue that.  The law says whatever it says after the appeals process kicks in, just as the US constitution says. 

Sugar, that is the basis of all laws, force.

There are indeed many legal ways of lowering/avoiding some taxes. 

So sub fever is admitting there is not a single court case that backs up his claim.

I would love to see a simplification and reform of the tax system, that is far different than arguing taxes are illegal.

(in reply to subfever)
Profile   Post #: 27
RE: Nevada Businessman Trumps IRS! - 12/7/2007 11:08:31 AM   
subfever


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quote:

ORIGINAL: luckydog1

I will argue that.  The law says whatever it says after the appeals process kicks in, just as the US constitution says. 

Sugar, that is the basis of all laws, force.

There are indeed many legal ways of lowering/avoiding some taxes. 

So sub fever is admitting there is not a single court case that backs up his claim.

I would love to see a simplification and reform of the tax system, that is far different than arguing taxes are illegal.


Whose and which claim?

(in reply to luckydog1)
Profile   Post #: 28
RE: Nevada Businessman Trumps IRS! - 12/7/2007 11:17:23 AM   
luckydog1


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My apologies subfever, I meant termyn8tr, I do get you folks who believe the Protocolls of the Elders of Zion  are true (white supremist is a nice shorthand IMHO) confused  sometimes.

He claimed there is no law requiring payment of taxes, and that court cases back that claim up.  So to be clear, since you disagree with termyn8tr and do not want to be lumped in with him on his issue, you do feel that taxation is legal, and that not a single court case has ever backed up his claim.  And we are in agreement now.  Very good.  Glad you have seen the light.

(in reply to subfever)
Profile   Post #: 29
RE: Nevada Businessman Trumps IRS! - 12/7/2007 11:20:05 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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Taxes are the price we pay to not get our balls busted.

To go out of ones way to get their balls busted? That kind of masochism? Well, we have plenty of people who enjoy it, but not me.

The formula is easy. For every dollar you earn, put one aside for the taxman...



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to luckydog1)
Profile   Post #: 30
RE: Nevada Businessman Trumps IRS! - 12/7/2007 12:00:12 PM   
DomKen


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From: Chicago, IL
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Law requiring the paying of taxes? 26 U.S.C.

The Internal Revenue Service is not a corporation or other private entity. It is a part of the US Department of Treasury. The IRS can trace its authority back to the Revenue  Act of 1862.

Finally no one tax protestor has ever been able to avoid paying the taxes owed. the best outcome ever achieved is what happened in this case. Successfully arguing that the protestor was too stupid to know he was violating the law and therefore avoiding the felony conviction which requires proof of intent to not pay taxes. However that doesn't get them out from under the debt they owe.

(in reply to farglebargle)
Profile   Post #: 31
RE: Nevada Businessman Trumps IRS! - 12/7/2007 12:23:22 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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quote:

The IRS can trace its authority back to the Revenue Act of 1862.


That's too bad. As the Constitutional Republic ended on 4 July 1861, when Lincoln appointed a Fake Congress to do his bidding as Military Dictator of the Former Republic.

Now, I've seen the paperwork for LEGITIMATE Congress recess in 1861, but I can't seem to find a copy of the paperwork restoring a Lawful government after the War.

Anyone got a copy?



_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to DomKen)
Profile   Post #: 32
RE: Nevada Businessman Trumps IRS! - 12/7/2007 6:55:50 PM   
Real0ne


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quote:

ORIGINAL: luckydog1

Sugar, that is the basis of all laws, force.



Yeh OUTlaws.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to luckydog1)
Profile   Post #: 33
RE: Nevada Businessman Trumps IRS! - 12/7/2007 6:59:47 PM   
Real0ne


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Joined: 10/25/2004
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quote:

However that doesn't get them out from under the debt they owe.


what about the long case?  best recollection the when asked for a motion to pay the judge looked at the revenuers and said hey i dont work for the internal revenue service.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to DomKen)
Profile   Post #: 34
RE: Nevada Businessman Trumps IRS! - 12/7/2007 7:45:08 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
25 years ago...

http://www.lemon64.com/?mainurl=http%3A//www.lemon64.com/reviews/view.php%3Fid%3D152

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Real0ne)
Profile   Post #: 35
RE: Nevada Businessman Trumps IRS! - 12/7/2007 9:21:21 PM   
subfever


Posts: 2895
Joined: 5/22/2004
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quote:

ORIGINAL: luckydog1

My apologies subfever, I meant termyn8tr, I do get you folks who believe the Protocolls of the Elders of Zion  are true (white supremist is a nice shorthand IMHO) confused  sometimes.

He claimed there is no law requiring payment of taxes, and that court cases back that claim up.  So to be clear, since you disagree with termyn8tr and do not want to be lumped in with him on his issue, you do feel that taxation is legal, and that not a single court case has ever backed up his claim.  And we are in agreement now.  Very good.  Glad you have seen the light.


So let me get this straight... because I asked you for a simple clarification, this automatically puts me in agreement with you?

(in reply to luckydog1)
Profile   Post #: 36
RE: Nevada Businessman Trumps IRS! - 12/7/2007 11:22:48 PM   
luckydog1


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My bad subfever.  This sentnace should have had a "?" not a "."

So to be clear, since you disagree with termyn8tr and do not want to be lumped in with him on his issue, you do feel that taxation is legal, and that not a single court case has ever backed up his claim?
 
I am sure you have a creative reason for not answering.

(in reply to subfever)
Profile   Post #: 37
RE: Nevada Businessman Trumps IRS! - 12/8/2007 2:57:15 AM   
Rumtiger


Posts: 2634
Joined: 3/4/2006
From: Vegas
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quote:

ORIGINAL: subfever
By all means... share it with us!


kinda wondering if I can now, when I reread the article I noticed it dident expand upon the raid on the defendant's home and businesses nor did it give any real information about the witness(s) for the prosecution, both things which I made sure to tell the Gov Attorny that would hurt her case. Since they dident talk about it in the article it may still be unexposed for public knowledge and I may not be able to talk about it as it would be in breach of my contract. Though I doubt they'll be coming to these forums to check me out.

I guess she listened to me after all.

However I can say if they did use some of the "backstory" of this case, its very easy for me to see how the jury came out with a not guilty judgement, it would be more of a human intrest and heartstrings case then technical law.

_____________________________

Fuck the Pandas!
-Moi

Mmm, I love me some kickboxers, you know why? Cause ya'll cant take a punch!
- Quentin Tarantino.

If they cant take a joke, fuck em.
-Tucker Max

(in reply to subfever)
Profile   Post #: 38
RE: Nevada Businessman Trumps IRS! - 12/8/2007 3:09:10 AM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline
quote:

ORIGINAL: Rumtiger

Since the case is settled I can comment about it. I consulted with the government lawyers for this case, and theres a bit more to this story which put the IRS in a much worse light then anything this article can say.



thats the problem, most irs atrocities are covered up


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Rumtiger)
Profile   Post #: 39
RE: Nevada Businessman Trumps IRS! - 12/8/2007 4:14:11 AM   
Rumtiger


Posts: 2634
Joined: 3/4/2006
From: Vegas
Status: offline
quote:

ORIGINAL: Real0ne
thats the problem, most irs atrocities are covered up


No it's just routine trial procedure...the lawyers on both sides discuss and work with consultants and each other and decide what pieces of evidence or testimony or witnesses they want to bring into the fray.

I compare it to a duel with two gentlemen discussing what choice of weapons they'd like to kill one another with the following day over a glass of sherry.

< Message edited by Rumtiger -- 12/8/2007 4:19:33 AM >


_____________________________

Fuck the Pandas!
-Moi

Mmm, I love me some kickboxers, you know why? Cause ya'll cant take a punch!
- Quentin Tarantino.

If they cant take a joke, fuck em.
-Tucker Max

(in reply to Real0ne)
Profile   Post #: 40
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