
08-05-2006, 05:47 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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Meaning of "Internal"
First, my apologies go out to the trollers who don't reearch and skim for free info w/o lifting a finger:
I am inquiring.
I noticed that the first "Internal Revenue" concept appears in the 1862 STATS at large.
Have to re-read the Bill Cooper/Dan Meador research, too
We all know by deductive logic that "internal" means internal to D.C.
But can we prove this using black letter law and not some diarreah of the mouth bunny trail speculation ?
Please no 26 USC 7701 - the meaning of "includes" stuff
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08-05-2006, 12:06 PM
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Practice Makes Perfect
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Join Date: Feb 2005
Posts: 271
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Quote:
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We all know by deductive logic that "internal" means internal to D.C.
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Historically, that doesn't hold up. For example, take a look at Antifederalist Paper #36 for how the phrase "internal taxation" was used.
http://www.thisnation.com/library/an...ralist/36.html
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08-05-2006, 03:25 PM
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Unplugged
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Join Date: Jul 2005
Posts: 90
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web page 1862 act to provide revenue
this is the link to the statutes:
http://memory.loc.gov/ammem/amlaw/lwsllink.html
go to volume 12 - 1859-1863
in the turn to image type "432" and at the bottom 1/3 of the page is chapter CXIX - an act to provide internal revenue.....
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08-06-2006, 01:03 PM
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Join Date: Jan 2006
Location: Gentle State of Mind
Posts: 176
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The ratification of the Sixteenth Amendment was the direct consequence of the Court’s decision in 1895 in Pollock v. Farmers’ Loan & Trust Co., 1 whereby the attempt of Congress the previous year to tax incomes uniformly throughout the United States 2 was held by a divided Court to be unconstitutional. A tax on incomes derived from property, 3 the Court declared, was a ‘‘direct tax’’ which Congress under the terms of Article I, § 2, and § 9, could impose only by the rule of apportionment according to population. Scarcely fifteen years earlier the Justices had unanimously sustained
4 the collection of a similar tax during the Civil War, which was considered an "Internal Revenue", measure versus an excise tax or tariff, 5 the only other occasion preceding the Sixteenth Amendment in which Congress had ventured to utilize this method of raising revenue. 6
During the interim between the Pollock decision in 1895 and the ratification of the Sixteenth Amendment in 1913, the Court gave evidence of a greater awareness of the dangerous consequences to national solvency which that holding threatened, and partially circumvented the threat, either by taking refuge in redefinitions of ‘‘direct tax’’ or, and more especially, by emphasizing, virtually to the exclusion of the former,
Quote:
1 157 U.S. 429 (1895); 158 U.S. 601 (1895).
2 Ch. 349, § 27, 28 Stat. 509, 553.
3 The Court conceded that taxes on incomes from ‘‘professions, trades, employments, or vocations’’ levied by this act were excise taxes and therefore valid. The entire statute, however, was voided on the ground that Congress never intended to permit the entire ‘‘burden of the tax to be borne by professions, trades, employments, or vocations’’ after real estate and personal property had been exempted, 158 U.S. at 635.
4 Springer v. United States, 102 U.S. 586 (1881).
5 Ch. 173, § 116, 13 Stat. 223, 281 (1864).
6 For an account of the Pollock decision, see ‘‘From the Hylton to the Pollock
Case,’’ supra.
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the history of excise taxation. Thus, in a series of cases, notably Nicol v. Ames, 7 Knowlton v. Moore, 8 and Patton v. Brady, 9 the Court held the following taxes to have been levied merely upon one of the ‘‘incidents of ownership’’ and hence to be excises: a tax which involved affixing revenue stamps to memoranda evidencing the sale of merchandise on commodity exchanges, an inheritance tax, and a war revenue tax upon tobacco on which the hitherto imposed excise tax had already been paid and which was held by the manufacturer for resale. Under this approach the Court thus found it possible to sustain a corporate income tax as an excise ‘‘measured by income’’ on the privilege of doing business in corporate form. 10 The adoption of
the Sixteenth Amendment, however, put an end to speculation whether the Court, unaided by constitutional amendment, would persist along these lines of construction until it had reversed its holding in the Pollock case. Indeed, in its initial appraisal 11 of the Amendment it classified income taxes as being inherently ‘‘indirect.’’ ‘‘[T]he command of the amendment that all income taxes shall not be subject to apportionment by a consideration of the sources from which the taxed income may be derived, forbids the application to such taxes of the rule applied in the Pollock case by which alone such taxes were removed from the great class of excises, duties, and imports subject to the rule of uniformity and were placed under the other or direct class.’’ 12 ‘‘[T]he Sixteenth Amendment conferred no new power of taxation but simply prohibited the
previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged.’’ 13
Income Subject to Taxation
Building upon definitions formulated in cases construing the Corporation Tax Act of 1909, 14 the Court initially described income as the ‘‘gain derived from capital, from labor, or from both combined,’’ inclusive of the ‘‘profit gained through a sale or conversion of capital assets’’;
__________________
The Great Spirit made us, and gave us this land we live in. No one bound us. We are free as the winds, and like the eagle, heard no man's commands. I was born free and I shall die free. I live right as I was taught it was right. I was taught that I could gain favor by being kind to people; brave before my enemies; tell the truth and live straight; fight for my people and their hunting grounds. With this you are happy and die satisfied. What more than this can there be?
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08-06-2006, 02:16 PM
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Sorry.....................
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08-06-2006, 02:17 PM
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Income Subject to Taxation
Building upon definitions formulated in cases construing the Corporation Tax Act of 1909, 14 the Court initially described income as the ‘‘gain derived from capital, from labor, or from both combined,’’ inclusive of the ‘‘profit gained through a sale or conversion of capital assets’’;[/quote]
You see this is the problem with this and the Nazis idea of gain from labor. There is no gain in labor. To have a profit or return you must have an calculable investment, in other words if I invest 100.00 and realize a return of 125.00 I profit 25.00 or 25% (125.00-100.00 =25.00/100.00 = 25%). Labor on the other hand has no value to place on the investment side of the equation. What value can you put on something that is free? The return is infinite, incalculable (25.00 per hr. - 0 = 25.00/0 = ?????????????); there is no profit or GAIN. But this will not stop the war mongers of international corporatocracy
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08-06-2006, 04:27 PM
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Come and Get Some!
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Join Date: May 2005
Posts: 1,039
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From Merriam-Webster
Quote:
Main Entry: in·ter·nal
Pronunciation: in-'t&r-n&l, 'in-"
Function: adjective
Etymology: Middle English internalle, from Latin internus; akin to Latin inter between
1 : existing or situated within the limits or surface of something: as a (1) : situated near the inside of the body (2) : situated on the side toward the median plane of the body b : of, relating to, or occurring on the inside of an organized structure (as a club, company, or state) <internal affairs>
2 : relating or belonging to or existing within the mind
3 : INTRINSIC, INHERENT <internal evidence of forgery in a document>
4 : present or arising within an organism or one of its parts <internal stimulus>
5 : applied or intended for application through the stomach by being swallowed <an internal remedy>
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Definition no 2 above seems to fit the closest IMO.
The following definition from Bouviers' Law Dictionary also seems to have merit in the discussion
Quote:
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ILLUSION. A species of mania in which the sensibility of the nervous system is altered, excited, weakened or perverted. The patient is deceived by the false appearance of things, and his reason is not sufficiently active and powerful to correct the error, and this last particular is what distinguishes the sane from the insane. Illusions are not unfrequent in a state of health, but reason corrects the errors and dissipates them. A square tower seen from a distance may appear round, but on approaching it, the error is corrected. A distant mountain may be taken for a cloud, but as we approach, we discover the truth. To a person in the cabin of a vessel under sail, the shore appears to move; but reflection and a closer examination soon destroy this illusion. An insane individual is mistaken on the qualities, connexions, and causes of the impressions he actually receives, and he forms wrong judgments as to his internal and external sensations; and his reason does not correct the error. 1 Beck's Med. Jur. 538; Esquirol, Maladies Mentales, pr«m. partie, III., tome 1, p. 202. Dict. des Sciences M«dicales, Hallucination, tome 20, p. 64. See Hallucination.
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Its' a dog eat dog world and I am wearing milkbone underwear!!!
Last edited by palani : 08-06-2006 at 04:53 PM.
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08-06-2006, 05:24 PM
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Practice Makes Perfect
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Join Date: Feb 2005
Posts: 271
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"Many of the opposition [to the new Federal Constitution] wish to take from Congress the power of internal taxation. Calculation has convinced me that this would be very mischievous." --Thomas Jefferson
Although you all probably don't like Jefferson, considering how he believed in a progressive tax structure.
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08-06-2006, 06:11 PM
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Come and Get Some!
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Join Date: May 2005
Posts: 1,039
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Blackstone Supplement Book the 4th - http://www.yale.edu/lawweb/avalon/bl...ne/bk4supp.htm
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The general run of laws, enacted by the fuperior ftate, are fuppofed to be calculated for it's own internal government , and do not extend to it's diftant dependent countries; which, bearing no part in the legiflature, are not therefore in it's ordinary and daily contemplation. But, when the fovereign legiflative power fees it neceffary to extend it's care to any of it's fubordinate dominions, and mentions them exprefaly by name or includes them under general words, there can be no doubt but them they are bound by it's laws
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Its' a dog eat dog world and I am wearing milkbone underwear!!!
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