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Originally Posted by Notorial dissent
No, their pretense is that the tax laws don’t apply to them and don’t mean what they say. They are wrong on both counts.
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Actually, they're right on both counts. But you have to weed through the insane complexity of the tax code to find the truth. That's the reason it was made so insanely complex - to hide the truth. The truth is that we're all being falsely classified as federal employees for the purpose of the tax. The IRS is keeping secret files on everyone which uphold this classification (as well as listing everyone who has ever filed an income tax return as a resident of the Virgin Islands), and using those in court. If you don't rebut that information prior to going into court, you lose based on that deception:
"Government prevails in challenge to individual’s appeals hearing in which master file transcripts were considered at hearing instead of tax returns."
- Stanifird v. Wilcox et al. 87 AFTR2d Par. 2001-1058 June 12, 2001.
You have to go back to the first income tax to understand the current deception:
"First Income Tax Act Revealing
Some government documents I obtained in 1994 shows that the first income tax of 1861 had to have certain sections amended, specifically section 210 of the first Income Tax Act This was due to the fact Lincoln wanted to tax the people and those living were incensed that what they fought for in 1776 was again about to be placed on the people. So the second income tax act removed the people and only taxed government employees for the privilege of working for government from which the Treasury paid them.
For this they needed to pay a kick back or a return of money for that privilege. Frank Kowalik stated this in his book IRS Humbug, and this is the proof to support his book. All my research has proven this to be so in my books and other writings. Rather than go into explanation, which you will draw from the following, I let you come to your own conclusions. I will put in bold what I think you need to dwell on and hopefully some myths will be dispelled.
This takes careful reading to understand. The pages following, were the results of
the clerks of the Postmaster asking why they were paying a tax when the clerks of the IRS were not. Now remember the "clerks" are today's IRS agents, revenuers, and the like. So the Postmaster drafted a letter to find out why his people were paying taxes and certain IRS people were not. In the case of Diversified Metals the Justice Department admitted on the record that IRS employees are NOT U.S. Government employees. The following proves it beyond any shadow of doubt. Now you might ask why did I not bring this out before? I have but only two people that asked. There was no need to as most people are readers and not doers. I only gave it to doers. Now I decided to let it out and see how many people are doers. By that I mean take this and use it. There is so much info here that it boggles the mind. You will learn why it is called an "internal tax", why only no others are mentioned in section 165 to have the income tax collected from and why mechanics and laborers were not taxed. You will also see that when IRS employees did not pay the tax , neither did any American not working for government.
39th Congress---2d Session---Ex. Doc. No. 99
HOUSE OF REPRESENTATIVES
SALARY TAX UPON CLERKS TO POSTMASTERS
Letter from the Secretary of Treasury
IN ANSWER TO
A resolution of the House of the 12th of February, relative to salary tax upon clerks to postmasters, with the regulations of the department, & c.
February 20, 1867.--Referred to the Committee of Ways and Means and ordered to be Printed
TREASURY DEPARTMENT February 15, 1867
Sir: The Secretary of the Treasury has the honor to acknowledge the receipt of the following resolution of the House of Representatives, viz: "February 12, 1867.
"Resolved, That the Secretary of the Treasury be, and is hereby, requested to inform this house whether the various postmasters throughout the United States are required to account for and pay a salary tax upon the salaries of clerks employed by them where such salary is not fixed by law, but is paid out of funds furnished by the government; also, that he be requested to furnish a copy of the regulations and circulars of said department, if any such exist, requiring such payment; also, whether any such tax is collected or required to be accounted for from clerks of assessors of internal revenue, and, if any discrimination is made between said two classes of clerks in respect to said tax, why such discrimination is made.
In obedience thereto he has the honor to submit the following report:
Postmasters' clerks are appointed by postmasters, and take the oaths of office prescribed in the 2d section of the act of July 2,1862, and in the 2d section of March 3, 1863.
Their salaries are not fixed in amount by law, but from time to time the Postmaster General fixes the amount allotted to each postmaster for clerk hire, under the authority conferred upon him by the ninth section of the act of June 5, 1836, and then the postmaster , as an agent for and in behalf of the United States, determines the salary to be paid to each of his clerks. These salaries are paid by the postmasters, acting as disbursing agents, from United States moneys advanced to them for this purpose, either directly from the Post Office Department in pursuance of appropriations made by law, or from the accruing revenues of their offices, under the instructions of the Post Master General.
SALARY TAX UPON CLERK TO POSTMASTER
The receipts of such clerks constitute vouchers in the accounts of the postmaster acting as disbursing agents and in the settlements made with them by the Sixth Auditor. In all the foregoing transactions the postmaster acts not as a principal, but as an agent of the United States,
and the clerks are not in his private employment, but in the public employment of the United States. Such being the facts, these clerks are subjected to and required to account for and pay the salary tax, imposed by the one hundred and twenty-third section of the internal revenue act of June 30, 1864, as amended by the ninth section of the internal revenue act of July 13, 1866, upon payments for services to persons in the
civil employment or service of the United States.
Copies of the regulations under which such salary taxes are withheld and paid into the treasury to the credit of internal revenue collection account are herewith transmitted, marked A, B, and C. Clerks to assessors of internal revenue are appointed by the assessors.
Neither law nor regulations require them to take an oath of office, because, as the law at present stands, they are not in the public service of the United States, through the agency of the assessor, but are in the private personal service of the assessor, as a principal, who employs them.
The salaries of such clerks are neither fixed in amount by law, nor are they regulated by any officer of the Treasury Department, except by the assessors by whom they are employed.
The only control exercised by the Treasury Department over the clerk hire of assessors is to prescribe a necessary and reasonable amount which shall not be exceeded in reimbursing the assessors for this item of their expenses.
No money is advanced by the United States for the payment of such salaries, nor do the assessors perform the duties of disbursing agents of the United States in paying their clerks. The entire amount allowed is paid directly to the assessor, and he is not accountable to the United States for its payment to his clerks, for the reason that he has paid them in advance, out of his own funds, and this is a reimbursement to him of such amount as the department decides to be reasonable.
No salary tax is therefore collected, or required by the Treasury Department to be accounted for, or paid, on account of payments to assessors clerks, as the United States pays no such clerks nor has them in its employ or service, and they do not come within the provisions of existing laws imposing such a tax.
Perhaps no better illustration of the difference between the status of Postmasters' clerks and that of assessors' clerks can be given than the following: A postmaster became a defaulter, without paying his clerks; his successor received from the Postmaster General a new remittance for paying them; and if, at any time, the clerks in a post office do not receive their salaries, by reason of the death, resignation or removal of a postmaster, the new appointee authorized by the regulations of the Post Office Department to pay them out of the proceeds of the office; and should there be no funds in his hands belonging to the department, a draft is issued to place money in his hands for that purpose. If an assessor had not paid his clerks, they would have no legal claim the treasury for their salaries.
A discrimination is made between postmasters' clerks and assessors' clerks to the extent and for the reasons hereinbefore set forth.
I have the honor to be, very respectfully, your obedient servant,
H. McCULLOCH, Secretary of the treasury
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