Failure to File a crime?

[Ice]

Originally Posted by Ecclesiastes

1) 26 USC 1: "There is hereby imposed on the taxable income of every (married individual, surviving spouse, head of a household, unmarried individual, or married individual filing a separate return) a tax determined in accordance with the following table...." ("The imposition of a tax ... creates an obligation...." U.S. v. Childs, 266 U.S. 304 (1924).)

2) 26 CFR 1.1-1(b): ""In general, all citizens of the United States, wherever resident, and all resident alien individuals are liable to the income taxes imposed by the Code ...."

3) TD 6500, 25 FR 11402 (11/26/1960), amended by TD 7332, 39 FR 44216 (12/23/1974)

Or, if you would prefer "shall pay" over "impose":

1) 26 USC 6151(a): "Except as otherwise provided in this subchapter, when a return of tax is required under this title or regulations, the person required to make such return shall, without assessment or notice and demand from the Secretary, pay such tax to the internal revenue officer with whom the return is filed, and shall pay such tax at the time and place fixed for filing the return
(determined without regard to any extension of time for filing the return)." ("When a statute says that a person shall pay a given tax, it obviously imposes upon that person the duty to pay..." U.S. v. Chamberlin, 219 US 250 (1910).)

2) 26 CFR 1.6151-1(a): "Except as provided in section 6152 and paragraph (b) of this section, the tax shown on any income tax return shall, without assessment or notice and demand, be paid to the internal revenue officer with whom the return is filed at the time fixed for filing the return (determined without regard to any extension of time for filing the return)."

3) TD 6500, 25 FR 12137 (11/26/1960), amended by TD 6922, 32 FR
8713 (6/17/1967), TD 6950, 33 FR 5357 (4/4/1968), TD 7102, 36 FR
5498 (3/24/1971), TD 7953, 49 FR 19644 (5/9/1984), and TD 8952, 66 FR 33830 (6/26/2001).

#1: You left out some very important points [and that's a strategy that we have seen before]... like the definitions of those listed such as: (1) every married individual ( as defined in section 7703 ). So the next thing is to check out how section 7703 defines "married individual"... and so on. The result is that the definitions exclude citizens/nationals of the several states and include only "United States citizens." (Of course, you can elect to be a United States citizen... no one here is claiming that you cannnot).

Gee... look at that... #2 states emphatically that all UNITED STATES CITIZENS are liable to the income tax "imposed" by the code. Ain't that a kicker! I'm sure glad I'm not a U.S. citizen!! This applies to all references to a tax being imposed or to the claim of those subject to or liable for the tax.

We could address the term "income"... but there really isn't any need.

Now let's check out the citizenship angle. I'll cite the easy ones first:

Article VI, Clause 3 of the Constitution which states that:
"all executive and judicial Officers [includes Supreme Court justices], both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution"

Why was it necessary to state "United States and of the several States" if the "several States" ARE the "United States"?? The reason that it is stated in this fashion is BECAUSE they are each Sovereign over their own "possessions and territories"... they are "foreign" to each other.

Next: Definition of "foreign state" in Blacks':

"The several United States are considered "foreign" to each other except as regards their relations as common members of the Union. ... The term "foreign nations," as used in a statement of the rule that the laws of foreign nations should be proved in a certain manner, should be construed to mean all nations and states other than that in which the action is brought; and hence one state of the Union is foreign to another, in the sense of that rule."

Let's see what 26 CFR sez:

(h) Foreign country. The term "foreign country" when used in a geographical sense includes any territory under the sovereignty of a government other than that of the United States. It includes the territorial waters of the foreign country (determined in accordance with the laws of the United States), the air space over the foreign country, and the seabed and subsoil of those submarine areas which are adjacent to the territorial waters of the foreign country and over which the foreign country has exclusive rights, in accordance with international law, with respect to the exploration and exploitation of natural resources. [26 CFR 1.911-2(h)]

Consider the fact that any of the "several States" is "Sovereign" and that Sovereignty cannot be intruded upon by the "United States" -- then it stands to reason that the government of each state, being a Sovereign state, is a government OTHER THAN THE UNITED STATES. Therefore, each of the "several states" is a "foreign country" to the "United States". [Please also note that it states "... the United States..." and not "... these United States..."

3A Am Jur 1420, Aliens and Citizens, explains: "A Person is born subject to the jurisdiction of the United States, for purposes of acquiring citizenship at birth, if his birth occurs in territory over which the United States is sovereign ..."

That's pretty straight forward when it states: "... over which the United States is sovereign." It does not state that anyone born in any of the "several states" or the "states of the union"... does it? And we have already demonstrated that the "several states" are each "Sovereign" and "Foreign" to the "United States" and that the "United States" IS NOT sovereign over the "several states" and cannot intrude upon their Sovereignty. Therefore, those born in one of the "several states" are not "subject to the jurisdiction of the United States".

From the Maryland Supreme Court:

"Both before and after the Fourteenth Amendment to the
federal Constitution, it has not been necessary for a
person to be a citizen of the United States in order to
be a citizen of his state."

[Crosse v. Board of Supervisors of Elections]
[221 A.2d 431 (1966)]

From the Louisiana Supreme Court:

"But a person may be a citizen of a particular state
and not a citizen of the United States. To hold
otherwise would be to deny to the state the highest
exercise of its sovereignty -- the right to declare who
are its citizens."

[State v. Fowler, 41 La. Ann. 380, 6 S. 602 (1889)]

And, last but not least:

From the U.S. Supreme Court:

"We have in our political system a Government of the
United States and a government of each of the several
States. Each of these governments is distinct from the
others, and each has citizens of its own ...."

[United States v. Cruikshank, 92 U.S. 542 (1875)]

Note how the U.S. Supreme Court agrees whole heartedly with me on the point that each has its own "government" [separate and distinct from each other] and each has its own "citizens".

The object of this post is to demonstrate that the laws of the "United States" apply as "municipal" laws over its territories and possessions but DO NOT apply to the Sovereign nation/states referred to as the "several states". The laws of the "United States" apply to "United States citizens" but do not apply to "Foreigners" -- and citizens of the "several states" are "foreigners" unless they "elect" (voluntarily choose) to become citizens of the "United States".

It is up to each of us to determine what we want our status to be. I'm an American only because I was born in one of the "several states". I am NOT a "United States" citizen and never will be. Heck, I'm not even claiming that the "United States" is a corporation -- I'm claiming that it is a separate nation (Washington D.C. is a "state" but not one of the "states of the union". Being a "state" it is, therefore, a "nation".).

Ice

[Ecclesiastes]

Originally Posted by Ice

#1: You left out some very important points [and that's a strategy that we have seen before]... like the definitions of those listed such as: (1) every married individual ( as defined in section 7703 ). So the next thing is to check out how section 7703 defines "married individual"... and so on. The result is that the definitions exclude citizens/nationals of the several states and include only "United States citizens." (Of course, you can elect to be a United States citizen... no one here is claiming that you cannnot).

Section 7703 doesn't even use the word "citizen."

Do you have a backup lame rationalization?

Originally Posted by Ice

Gee... look at that... #2 states emphatically that all UNITED STATES CITIZENS are liable to the income tax "imposed" by the code. Ain't that a kicker! I'm sure glad I'm not a U.S. citizen!!

#2 also says "and all resident alien individuals" If you're not a citizen of the United States, but you live within the states of the United States, then you are a "resident alien individual, and the same laws apply. (See section 7701(b).)

You lose, but thanks for playing.

[JWR]

#2 also says "and all resident alien individuals" If you're not a citizen of the United States, but you live within the states of the United States, then you are a "resident alien individual, and the same laws apply. (See section 7701(b).)

Have you forgotten about non-resident aliens already? http://famguardian.org/TaxFreedom/Ci...individual.htm
http://famguardian.org/TaxFreedom/Ci...identAlien.htm

Here are some links to check out that will help you to better understand about different forms of citizenship and liabilty.

http://famguardian.org/TaxFreedom/Ci...USNational.htm

http://famguardian.org/Subjects/Taxe...VTaxStatus.htm

http://famguardian.org/TaxFreedom/Ci.../Liability.htm

You lose, but thanks for playing.

I almost laughed at this!

JWR

[Ice]

Originally Posted by Ecclesiastes

Section 7703 doesn't even use the word "citizen."

Do you have a backup lame rationalization?



#2 also says "and all resident alien individuals" If you're not a citizen of the United States, but you live within the states of the United States, then you are a "resident alien individual, and the same laws apply. (See section 7701(b).)

You lose, but thanks for playing.

I didn't say that section 7703 had anything to do with "citizen". I stated that you did not provide the definitions for those you listed -- such as "every married individual" for which a definition is found in section 7703. You listed types of people by terms used within the code that are supposedly subject to the tax but did not list how those terms are defined within the taxing code. I submit that if you follow the definitions it will not lead to the conclusion that any citizen of one of the "several states" is subject to or liable for the income tax. Your intent was to mislead by providing terms that have "legal definitions" that are not the same as those terms are used in common language.

A "resident alien" must be resident within the "United States" -- which is a foreign land to any of the "several states". The "United States" is the District of Columbia and the territories and possessions of the "United States" -- this DOES NOT INCLUDE ANY OF THE SEVERAL STATES OF THE UNION WHICH ARE SOVEREIGN NATIONS. Like I stated in my original post... check your definitions and you will find that YOU LOSE... but thanks for the lame attempt at demonstrating the fantasy land you live in is the real world.

I noted that you made no attempt to comment on the cites that demonstrate one can be a citizen of a state and not a citizen of the "United States"... which demonstrates your intention was to mislead as well as demonstrating your "resident alien" logic to be in error.

And in light of these facts, exclaiming that I have made a lame rationalization does nothing more than demonstrate that your ignorance far exceeds a simple ignorance of the law but also extends to comprehension of simple to understand written language and an inability to research law.

All of this information can be found, with law and case cites, within this forum in older threads. It is suggested that the information available here be searched out and researched in order to arrive at a factual conclusion based on well researched law instead of assumptions and opinions based on nothing more than a "belief".

Ice

[masterduke]

Lets see? you can't "reside" anywhere cause your not an"alien" you don't have an address
cause they ALL belong to the "Tennesse Valley Authority Act" 1933/34 they
"own" every address in the 3 "united states". Its in their federal document/charter. And you can't "file" a tax return cause its only considered
"filed" when the IRS Service center stamps a "Dockett Locater Number" on it and only someone who works at the service center is authorized to perform that service, so no one in this country can actualy "file" a tax return, they can only send it to the address listed and hope that it gets stamped with the locater docket number. IRS feild personal/agents can't even do it, its illegal for them. conflict of "privicy laws" (piriacy laws are A-O.K. with them!)
we the "citizens" can't do it, also Illegal. And is my voluentary signuture a nessaray element to completed "tax return"?? Finally, is my signuture, considered voluentary when given under the threat of forced incarciration???
(sorry for the miss spelled words)