The Income Tax Scam

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I.  http://www.maxexchange.com/ybj/  YOU BE THE JUDGE AND JURY
You Be The Judge and Jury is a FREE on-line book exposing the acts of rebellion, sedition, insurrection and treason being committed by the Federal Reserve, IRS, and U.S. Government against We the People. The United States Government, Federal Reserve Banks, IRS, the President, Congress, the Supreme Court, the Governors, Lawyers, Judges, FBI, and CIA have been committing treason, rebellion, insurrection, and waging war against its people under the War Powers Act of 1917, as amended, March 9, 1933. Read it and weep! And then take action!!!

http://www.maxexchange.com/ybj/chapter7.htm  Chapter 7: Liars & Thieves

When the MONEY-CHANGERS took over control of our Treasury in 1913, they needed a way to collect the interest (tribute) from our nation. Was it through fraud and deceit just like the serpent in the Garden of Eden? Or, was it just a coincidence the 16th Amendment (Income Tax) was also passed in 1913? The IRS is nothing more than the collection agency of the tribute the Federal Reserve charges us on their "worthless" paper money. DON'T BELIEVE ME! Look at the last check you sent to the IRS. Its endorsed "PAY ANY F.R.B. [Federal Reserve Bank] BRANCH OR GEN. DEPOSITORY FOR CREDIT U.S. TREASURY. THIS IS IN PAYMENT OF U.S. OBLIGATIONS; MUST BE PAID AT PAR N.P. DO NOT WIRE NON-PAYMENT."

Why aren't your tax dollars deposited into the U.S. Treasury? Why, because while we were sleeping somebody STOLE AMERICA! WAKE-UP! We have been SOLD DOWN THE RIVER!

I am absolutely amazed how many people think their tax dollars are used for running the government. Nothing could be farther from the truth. Former President Reagan, stated the following in his 1984 Grace Commission Report on government waste: "100% of what is collected is absorbed solely by interest on the federal debt and by federal government contributions to transfer payments." In other words all individual income tax revenues are gone before one nickel is spent on the government services. These services are financed by the government going further into debt to the MONEY-CHANGERS.

Most Americans have heard that income taxes are voluntary, but are they voluntary or are they mandatory?"

Our system is based on voluntary assessment and payment, not on distraint." (362 US.S 145, 176, 80 S. Ct. 630, 647, 4 L ED 623)

* Voluntary - (1) done, made, or given freely and without compulsion (2) not accidental (3) of, relating, or regulated by the will (4) having power of free choice
* Distrain - (1) to seize for debt; to take a personal chattel from the possession of a wrong-doer to satisfy a demand, or compel the performance of a duty
* Webster's Unabridged Dictionary of the English Language

So why are you continuing to volunteer your hard earned money to a DEN of THIEVES? If payment is voluntary it cannot be mandatory.

Former IRS Commissioner Mortimer Caplin said, "Our tax system is based on individual self assessment and voluntary compliance."

"When one files a return [voluntarily] showing a tax due, he has presumably assessed himself and is content to become liable for the tax and to pay it." (Lyddon Co. vs. U.S. 158 Fed Supp 951)

"Because what appears to be a lawful command on the surface, many citizens, because of respect for the law, are cunningly coerced into waiving their rights, due to ignorance." (U.S. vs. Minker, 350 U.S. 179, 187) And that is how the IRS gets the "taxpayers" who voluntarily signs a contract (the 1040) under penalty of perjury that they had income. As soon as they sign the 1040 and send it in, they become liable for the taxes that they voluntarily assessed themselves and agreed to pay.

Former IRS headquarters agent, Paul Strassel had this to say about IRS audits: "The real point of audits is to instill fear, not to extract revenue; the IRS aims at winning through intimidation and getting maximum voluntary compliance."

"Only the rare taxpayer would be likely to know that he could refuse to produce his records to IRS agents." (U.S. vs. Dickerson, 413 f2d 1111, CA7, 1969)

"Person cannot be forced to submit records for inspection." (U.S., and Fred Rosauer, Special Agent IRS vs. Johanna Van Poperin, U.S. District Court, District of Minn., 4th Division, 4-71 Civil 635)

"We are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the state, since he receives nothing there from, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are the refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of law. He owes nothing to the public so long as he does not trespass upon their rights... An individual may lawfully refuse to answer incriminating questions unless protected by an immunity statute." (Hale vs. Henkel, 201 U.S. 43)

Justice William Douglas declared, "The Fifth Amendment is an old friend and a good friend. It is one of the greatest landmarks in man's struggle to be free of tyranny, to be decent and civilized."

Now let us look at what the courts have said about "Income Tax":

"Whatever may constitute income, therefore must have the essential feature of gain to the recipient. This was true when the 16th Amendment became effective, it was true at the time of Eisner vs. Revenue Code of 1938, and it is likewise true under sec. 61(a) of the Internal Revenue Code of 1954. If there is no gain there is no income. Congress has taxed income, not compensation [wages]." (Connor vs. U.S. 303 F. Supp. 1187)

"Income means only gain and profits, not wages." (So Pacific vs. Lowe, 247 U.S. 330; Stratton vs. Howbert, 231 U.S. 309)

"It is to be noted that by the language of the Act it is not salaries, wages or compensation for personal service that are to be included in gross income." (Lucas vs. Earl, 281 U.S. 111 1930)

"Income excludes wages, salaries and tips." (Graves vs. People of N.Y., 59 S. Ct. 595)

"Tips are gifts and are therefore not taxable." Judge Thomas W. Clary (Okl vs. U.S., February 18, 1975)

"There is a clear distinction between profit and wages or compensation for labor. Compensation [wages] for labor cannot be regarded as profit within the meaning of the law." (Oliver vs. Halstead, 196 Va. 992; 86 S.E. 2d 858)

"There is a clear distinction between 'profit' and 'wages' or compensation for labor. Compensation for labor cannot be regarded as profit within the meaning of the law. The word 'profit' as ordinarily used, means the gain made upon business or investment - a different thing altogether from mere compensation for labor." (Commercial League Assc. Vs. The People, 90 Ill 166)

"Reasonable compensation [wages] for labor or services rendered is not profit." (Lauderdale Cemetery Assc. vs. Mathews 345 Pa. 239; 47 A.2d 277, 280)

"Congress may not, under the taxing power, assert a power not delegated to it by the constitution." (Regal Drug Co. vs. Wardell, 260 U.S. 386; 67 L ED 318; 43 S. Ct. 152)

In Evans vs. Gore (1920) the court ruled: "The sixteenth does not justify the taxation of persons or things (their property) previously immune . . . it does not extend taxing power to new or excepted citizens . . . it is intended only to remove all occasions from any apportionment of income taxes among the states. It does not authorize a tax on a salary."

In a report titled "Some Constitutional Questions regarding Federal Income Tax Law" prepared by Howard Zaritsky, Legislative Attorney, American Law Division, Congressional Research Service, Library of Congress # 84188A 784-275, states, "The Supreme Court, in a decision written by Chief Justice White noted that the 16th Amendment did not authorize any new type of tax, did not repeal or revoke the tax clauses of Article I of the Constitution. Direct taxes are still subject to the rule of apportionment and indirect taxes are still subject to the rule of uniformity."

"The general term income is not defined in the Internal Revenue Code [Title 26]." (U.S. vs. Ballard, 400F2d404, 1976)

Where is the clear and equivocal language if income is not defined, or there are no provision that unequivocally requires an individual to pay income taxes?

In Stanton vs. Baltic Mining Co., 36 S. Ct. 281, 1916, the court ruled: ". . . the 16th Amendment conferred no new power of taxation."

And most recently in U.S. vs. Long (No. CR-193-91) an informed jury found Mr. Long NOT GUILTY of willful failure to file a tax return. Mr. Long proved to the jury the so-called income tax is an excise tax. The I.R.S. is going to have a hard time covering up this land mark decision. It is amazing what powers a jury has when they exercise their supreme authority.

Well, there you have it, the courts have ruled an excise tax cannot be imposed on citizens. And wages are not income within the meaning of the Internal Revenue Code. Congress has declared the "income tax" to be an excise tax, and the Constitution only allows for two kinds of taxes. Direct taxes which must be apportioned amongst the states and indirect taxes (duties, imposts and excise taxes) which do not have to been apportioned. Indirect taxes (income taxes) cannot be imposed directly on the citizens.

The evidence doesn't stop there! In their book "The Law That Never Was", Bill Benson and "Red" Beckman proved beyond a shadow of a doubt, with over 17,000 State certified documents that the 16th Amendment was never properly ratified. For example, according to the government, the State of Kentucky passed the 16th Amendment. However, the state certified documents of Kentucky, shows an actual vote of 9 yeas and 22 nays against the passage of the 16th Amendment. Once again the wool was pulled over our eyes by the wolf and we were fleeced again. Mr. Benson has tried to have these State certified documents admitted as evidence in various court cases. However, the courts have continually denied them as evidence. Unfortunately, Mr. Benson in his quest to prove the fraud to the American people, finally became another political prisoner in the Land of the FREE and the Home of the Brave.

Simply put, the so-called income tax is another GIANT HOAX that has been perpetrated on the unsuspecting sleeping tax-payers by the MONEY-CHANGERS! While the judges who are paid by the wolves are aiding and abetting the crime. Since the Federal Reserve Notes are in violation of the Constitution, the debt created is unconstitutional. Therefore, any law that collects taxes of any kind to repay something that is illegal and unconstitutional is null and void. If you are paying taxes, you are aiding and abetting the crime.

II.  http://www.givemeliberty.org/  We The People

1)  http://xgen.vitalstream.com/mcasx.asx?media=1760606&package=
1738088  Liberty Hour Video #1 -- No Answers, NO Taxes- January, 2003

Bob Schulz and WTP activist Charlie Beall boldly articulate the irrefutable moral and legal basis for the People to stop paying, withholding and filing. These 90 minutes may change your life and your understanding of what steps the People must take to reclaim our Republic and our Freedom. The little known "Right to Petition for Redress" is the ultimate, non-violent means toward that end: No Answers, NO TAXES! 
Be sure to watch this outstanding video for an overview about what WTP (We The People) stands for!

2)  http://www.givemeliberty.org/NoRedress/WTPTV-01-07-03Transcript.htm
Partial Transcript of Jan. 2003 WTP Liberty Hour- The Justification for Withholding Monies From The Government Until Our Grievances are Redressed: The Legal & Moral Case

Ladies and gentlemen, we are at a critical juncture in the history of our Republic. Our Constitution and Bill of Rights are hanging by a thread. America, as envisioned by our founders, and preserved by the blood of those who have fought to keep us free, will not survive without constant vigilance by We The People. Today, the majority of our elected representatives, our judges, and the heads of our federal law enforcement agencies, are systematically, and with impunity, violating their oaths of office.

They have betrayed their sworn and sacred obligation to support and defend our Constitution and Bill of Rights. Every day, more and more of our People are being denied equal justice in our courts, protection of our private property, and respect for our unalienable rights and dignity as free Americans. We have allowed career politicians, government bureaucrats and federal judges to gradually assume vast powers that were NOT delegated to them by We The People in our Constitution.

If America is to survive as the hope of the world, we must resolve to bind our government down once again by the chains of our Constitution and Bill of Rights.

While average Americans have been preoccupied with earning a living, raising our children, and trying to be law-abiding citizens, our government, for decades, has been diligently working behind the scenes to assume more and more power and control over our daily lives. Working Americans have been economically enslaved by a fraudulent income tax system that steals the fruits of our labor and squanders our financial resources on unconstitutional government programs, aid to corrupt foreign governments, and preemptive military intervention across the globe. It is sad but true--the average American family today pays more in taxes-- than it pays for food, clothing and shelter combined.

After years of exhaustive legal research and public hearings in Washington, DC, We The People Foundation has irrefutably proven that our personal income tax system in America is fraudulent in its origin, and illegal in every aspect of its operation. It is immoral, unjust and dishonest. It is not required to fund the lawful, constitutional functions of our government. Our elected leaders are well aware that they have other, constitutional means, such as excise taxes, corporate taxes, tariffs, imposts and duties, to raise sufficient revenue for the legitimate operations of government.

So, why do our government leaders allow this fraud to continue against the working people of America? Simply stated, it is nothing more than greed and the desire for absolute political power and authority over the People. Let’s be clear, the fruits of our labor do not belong to Caesar, and we are not commanded by our Creator to kneel before false idols or summit to civil government that is immoral, coercive and unjust. The personal income tax system in America undermines everything that we stand for as a free people.

In America, there are only two things that stand between the people and governmental tyranny -- our Constitution and our will as a free people to protect and defend it. 

Foremost among the tools we have in our possession is the unalienable Right to Petition an out of bounds government for a Redress of Grievances. In America, the right to petition our government for a redress of grievances is the basis of our liberty. Our founders explicitly recognized this right in the first amendment to our constitution -- for they understood that without it, we could not have a servant government whose power is defined and limited by the consent of the people. The First Amendment to the United States Constitution states clearly and unambiguously: "Congress shall make NO law …abridging …the right of the people … to petition the government for a redress of grievances."

The founding fathers knew that it was possible for the institutions of the Congress, the Executive and the Courts to someday begin to fail in their duty to protect the people from tyranny.

The founding fathers also knew that unless the Right to Petition included the right to withhold their money from the government UNTIL their grievances were redressed, their grievances might fall on deaf ears and Liberty would give way to tyranny, despotism and involuntary servitude.

The founding fathers, in an act of the Continental Congress in 1774, said, and I quote: "If money is wanted by Rulers who have in any manner oppressed the People, [the People] may retain [their money] until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility." 

By these words, the founding fathers fully recognized and clearly stated: that the Right of Redress of Grievances includes the right of Redress Before payment of Taxes, that this Right of Redress Before Taxes lies in the hands of the People, that this Right is the People’s non-violent, peaceful means to procuring a remedy to their grievances without having to depend on – or place their trust in -- the government’s willingness to respond to the People’s petitions and without having to resort to violence.

Jefferson wrote, and I quote: "The right of freely examining public characters and measures, and of free communication among the people thereon,…has ever been justly deemed the only effectual guardian of every other right."

According to the Right of Redress, as the Founders described it, we have a right to withhold taxes if government violates our Rights. But, as American courts describe the Right, we must suffer the injury, pay the taxes, and only then, sue for Redress against an adversary with unlimited resources.

The idea that taxes are to be paid before redress is asserted by Congress in the Internal Revenue Code at Section 7241, which states, "no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person …."

How repugnant! American government is supposed to be organized to protect American citizens; but section 7241 authorizes the IRS to destroy them with impunity and the judiciary is cooperating with the executive and legislative branches in a collective decision to deny the People their constitutional Rights. Such acts of government are unconstitutional and must be stopped!

In America, the right to petition our government for a Redress of Grievances is an unalienable right. It derives from our faith in a supreme being - an ultimate moral authority from whom we gain our understanding of equality, justice and the rule of law. Implicit in our first amendment constitutional right to petition our government for a redress of grievances, is the government's absolute moral and legal obligation to respond, honestly and completely, to the people's petition.

In 1791, the right to petition became primary among the Rights of the People of the United States of America, as expressed in, and guaranteed by, the First Amendment.

Some would have us believe that our First Amendment right of petition is nothing more than a guarantee of free speech; that this vital constitutional protection -- the very basis of our liberty -- is simply a right to voice our grievances to the government. Some would try to convince us that We The People do not have the absolute right to an honest and complete response to our petitions -- or the authority to demand that our government correct the abuses and violations of our liberties that result in our petitions. Some would even go so far as to say it is merely a Right to complain, with no expectation of response.

This is nonsense! This is dangerous talk to a free people. We will not listen to those who would denigrate our Constitution, and undermine the principles of liberty and justice that gave birth to our nation. At best they are imbeciles, and at worst they are tyrants -- or "sharing bedrooms" with tyrants.

We must guard against this nonsense. We must harden our hearts to these false notions that government is God. We must recognize that even in the long run government can never be rational, without a principled Constitution firmly rooted in Liberty. Government has but one legitimate purpose -- to serve and protect all of the people equally. Government is not God. It is our servant. It is accountable to the People.

The right to Petition for Redress of Grievances is the final protection -- the final, peaceful check and balance in our system of Constitutional government in which the government derives its limited powers from the consent of the sovereign people. This is the right which publicly reveals and reiterates for all, who is Master and who is Servant.

The following are just some of our grievances:

First: In violation of the War Powers Clauses of the Constitution, the President has colluded with the Congress to pass legislation that transfers to the President the power to apply the armed forces of the United States of America in hostilities in Iraq without a congressional Declaration of War.

Second: In a hasty response to widespread fear and panic following 9/11, our elected representatives voted on the "U.S.A. Patriot Act" (with many having not read), which by the plain language of the Act, violates and seizes a number of the unalienable rights of the People.

Third: Our government has relinquished direct control of the monetary system of this nation to a privately owned central bank and has transformed our money into nothing but limitless debt. And, a significant portion of the Federal Reserve stock is held by foreign entities.

And Fourth, the U.S. Department of Justice and the Internal Revenue Service reneged on their July 2001 agreement to appear at a recorded, public forum to answer the People’s Petition, with its well documented legal charges, relating to the fraudulent origin and illegal operation of the federal income tax system.

These are tyrannical and despotic acts! Are they to be tolerated by the People of the United States of America -- a free People? We say "NO!" We say, "NEVER!"

On October 7, 2002, we posted these four Petitions for Redress on our web site. We urge everyone to read, and if so moved, to add their names to the thousands that have already signed them.

On November 8, 2002, the four Petitions, signed by thousands of American citizens who reside in all 435 Congressional Districts, were hand delivered to the offices of each member of the House of Representatives and each member of the Senate.

On November 12, 2002, the Petitions were each formally served on President Bush.

The People’s Petitions respectfully requested each congressperson and the President to send a representative to meet with a very large delegation representing the People from all 50 states and all 435 Congressional Districts at 2 P.M., on November 14, 2002, on the National Mall, to either answer the questions OR to tell the People when the questions will be answered. Hundreds of people from nearly every state in the union were there, most having driven in caravans, to await the government’s response to the Petitions for Redress.

THE GOVERNMENT FAILED TO RESPOND!

With the government’s failure to respond, we can see a clear pattern. Our elected representatives do not feel compelled to honor their oaths of office, to respect the Constitution, to respond to the People. We must now take the appropriate next step.

As of November 14, 2002, the government has left us no choice but to engage in civil action – a pro-active, non-violent mass movement, with the explicit goal of restoring the Republic by bringing the government back under the control of the People and our Rule Book – the Constitution of the United States of America!

The government is refusing to answer the People’s allegations of governmental wrongdoing. Unless the People withhold their money from the government their grievances will continue to fall on deaf ears and Liberty will give way to tyranny, despotism and involuntary, economic servitude.

Every adult in this nation has a personal duty and a moral responsibility, that stem directly from our heritage, to repel the tyrannical acts of those to whom the People have granted well-defined and limited powers.

The right to Petition is the foundation of Popular Sovereignty and is the direct vehicle for the peaceful, non-violent resolution of matters involving errant government. This right is the procedural mechanism that enables the People to call any branch of their servant government before them.

To repeat, in America, there are only two things that stand between the people and government tyranny -- our Constitution, and our will as a free people to protect and defend it. 

Under the guise of "protecting" us from terrorists, our government is attempting to seize our most fundamental rights and deprive us of their protections. 

To finance it all, the IRS and the Department of Justice use intimidation by, and the power of, what is fast becoming a police state, to enforce and prosecute offenses of tax "laws" --- yet they continue to refuse to cite the specific legal authority that purportedly allows them to enforce those laws. 

If the People fail to act, we will end forever the chapter in human history when a People reigned sovereign, and the chains of a written constitution limited and bound their government to their service.

We have a choice. YOU have a choice!

The nature of our resistance is clear. It is not an act of anarchy or rebellion; rather it is an act of resistance to a government that is violating the purposes for which the Creator -- through the People and the Constitution -- has ordained civil government.

We are not "anti-war." We are not "anti-tax." We are not "anti-government." We are "pro-constitution" and "anti-fraud."

Thus far we have pursued peaceful reconciliation and petition. It is the President and the Congress who have refused to respond to our Petitions for Redress of Grievances, in violation of the 1st Amendment.

Our civil action is for the cause of civil justice -- a righteous struggle, undertaken in defense of our property, our happiness and our families. It is to oppose the invasions of usurped power.

We will bravely suffer present hardships and face future dangers, to secure the rights of humanity and the blessings of freedom for generations yet unborn.

It is our obligation, as responsible citizens of this country, to set a proper value upon, and to defend to the utmost, our just rights and the blessings of Life and Liberty. Without this personal commitment, a few unprincipled individuals would tyrannize the People, and make the passive multitude the slaves of their power. Thus, it is that civil action is not only justifiable, but an indispensable duty to correct these wrongs.

It is upon these principles that we are resisting the government and will oppose force with non-violent force.

Any wage earner or retiree who gives money to the federal government and any employer who withholds money from the paychecks of working Americans is undermining the People’s Rights, Freedoms and Liberties. Under the present circumstances, their behavior must be considered to be un-American.

As our Founders said so clearly: "If money is wanted by Rulers who have in any manner oppressed the People, [the People] may retain [their money] until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility."

We the People must get Redress of Grievances before payment of income taxes.

No Answers... No Taxes!

Remember this: The United States Government has failed to respond to the well-founded charges of the People. Their failure to respond to the People’s critical questions of law and Constitution can only be interpreted as complete verification that the charges are TRUE.

Just as in a court of law, if a defendant does not respond to a specific allegation of fact, it may inferred, as a matter of proper judicial procedure that the allegation is true.

Our government’s administrators and elected representatives have an explicit legal duty to respond to our Petitions for Redress. Unless, and until, these officials respond to our charges they will be properly assumed to be true and the People may proceed accordingly to secure their Redress.

Our campaign to stem and restrict the funding of this government is based on several core and extremely defensible legal bases:

1) The 1st Amendment secures the Peoples’ Right to Petition for Redress. This Foundation has dutifully documented the US Government’s repeated failure – indeed outright refusal – to respond to our Petitions. For this alone, the People are justified to act.

2) The US Government patently refuses to cite ANY specific statutory authority to assess income taxes against the ordinary wages and salaries of this nation’s People. For this alone, the People are justified to act.

3) The US Government patently refuses to cite ANY specific authority giving them bona fide legal jurisdiction to enforce US Income Tax law inside the geographical boundaries of the fifty states. For this alone, the People are justified to act.

4) The US Government refuses to cite the specific authority that MANDATES that employees submit to withholding, that employers must withhold and that citizens of this nation are in fact, in any manner, LIABLE for these taxes. For this alone the People are justified to act.

5) The US Government continues to administratively enforce US tax law in a manner that plainly violates many aspects of the Constitution including gross violations of the Right to due process, privacy, property and the right to a court order resulting from a bona fide judicial hearing before property or wages may be seized by our government. For this alone the People are justified to act.

6) The Department of Justice, in collusion with the federal courts have acted broadly to deny justice, fairness and due process to those accused of so called "tax crimes," resulting in a de facto two-tier system of justice – one for "real criminals" the other for so tax so-called tax "criminals." For this alone the People are justified to act.

7) The US Government has imposed upon the People, for the purposes of deceiving them and to engage in unconstitutional social and economic manipulation, a system of tax law that is so complex and so incomprehensible -- it violates the most basic precept of a nation that claims it is built squarely upon the "Rule of Law and the Void for Vagueness Principle" – that the People need to be able to know what the laws says and understand WHAT IT MEANS. For this alone the People are justified to act.

8) The US Government immorally and unlawfully converts monies collected from the income tax system to fund operations of government that are not authorized by the plain, written language of the US Constitution. For this alone the People are justified to act.

Not only are the People now justified to act, but these reasons constitute a complete umbrella, a shield of legal defense to any such civil or criminal charges the federal government may bring to halt the tide of businesses, employees, retirees and ordinary citizens that will now act to enforce our Right to Petition and in defense of our Constitutionally protected Rights. The exercise of a Right can never be construed, or interpreted to be a crime. We have the Right of Redress before taxes.

Indeed, not only is the right of "Redress of any grievance before the payment of any taxes" a proper justification to retaining tax money LEGALLY OWED to the government – but in the case of the individual income tax – these taxes --- BY THE GOVERNMENT’S OWN SILENCE -- cannot be lawfully "forced" from most Americans – because there is NO LAW, no legal authority, for this tax.

Therefore, the People’s Right to retain and hold onto the fruits of their labor until their Petitions for Redress of Grievances are answered by their servant government is completely defensible, morally justified, ethical and patriotic under any cannon or construction of law.

As our Founding Fathers explicitly noted, retaining and keeping in our possession the money that we would otherwise have turned over to the government is the only real practical, non-violent method to corral those that have seized power from the People without the People’s consent. Power concedes nothing without force. Force is the application of energy and pressure to achieve movement.

There is no middle ground. Each citizen, business owner and employee will commit to, and support the noble cause of freedom or we will witness its all-but-certain demise

We urge all Americans to move beyond the fear and anguish of confronting these truths and move to help us restore our Republic and our Constitution!

3)  http://www.givemeliberty.org/RTPLawsuit/Update04-May-10.htm
We Are Proven Right, The Government Is Wrong! 

A. Our War Powers Petition for Redress

How right we were in the fall of 2002, when we formally served every member of Congress and the President with a Petition for Redress asking for answers to 23 questions regarding the War Powers clauses of the Constitution and the Iraq Resolution.

If only the government had honored the Petition Clause by acting on our War Powers Petition: there would have been a Committee review of the Petition, leading to a full congressional debate on the President’s call for an invasion of Iraq, followed by an up or down vote on a declaration of war.

More than likely, there would NOT have been a decision to go to war against Iraq because the Executive would NOT have been able to prove its claims that Saddam Hussein had weapons of mass destruction, was reconstituting a nuclear weapons program and was linked to 9-11 and al ‘ Queda. More than likely, cooler heads in Congress would have prevailed, leaving it up to the people of Iraq, not America, to rid the world of one of its dictators.

For the reason that we are still engaged in hostilities in Iraq without a declaration of war, and with the expectation that there will likely be future attempts to apply the armed forces of the United States in hostilities overseas without a declaration of war, we must continue the Petition process, including enforcement through “No Answers, No Taxes.”

B. Our Income Tax Petition for Redress

How right we were in April of 2002, and in November of 2002, when we formally served the President and every member of Congress with a Petition for Redress asking for answers to questions regarding the tax clauses of the Constitution and the federal “income” tax system.

The most damning documentary evidence to date has now been compiled in two new research reports that demonstrate without a shadow of doubt that the government has been acting ultra vires (i.e., without bona fide authority), in forcing ordinary Americans to file and pay an un-apportioned, direct tax on their salaries, wages and compensation, and that the government has known since 1916 that it lacks the legal authority to do so but has gone right on doing it anyway.  

The first of the two new research reports was completed by Phil Hart and is titled, “Constitutional Income, Do You Have Any?”  http://www.constitutionalincome.com/

The Hart report demonstrates there is absolutely no foundation to the position of the Executive branch (the Treasury Department, the IRS and the Department of Justice) that wages and salaries EQUALS taxable “income” within the meaning of the 16th Amendment, or that an individual’s wages, received in direct exchange for his labor, equals income and is, therefore, taxable under the Sixteenth Amendment.

On the other hand, the report proves beyond a shadow of doubt what “income” means within the meaning of the 16th Amendment -- that a corporation may derive “income” from labor, as that corporation utilizes labor in pursuit of profits, and that such corporate income is taxable. Likewise, a person or a corporation may derive “income” from investments in stocks and bonds or real estate, and that such (passive) income is taxable.

The second new research report, by a highly experienced and credentialed tax professional, who wishes to remain anonymous, is entitled, “Analysis of the Federal Income Tax Laws.”

According to the report, in 1913, just months after the purported ratification of the 16th Amendment, Congress attempted to stretch the meaning of the legal term “income” beyond the meaning and intent of the framers of the 16th Amendment, as recorded in EVERY official and professional document of the era: congressional record, congressional reports, law reviews, journals of political science, newspapers of record and so forth.

In the Income Tax Act of 1913, Congress surreptitiously, by stealth and without authority, included an un-apportioned, direct tax on the salaries, wages and compensation of ordinary Americans and instituted withholding at the source.

However, in 1916, as Mr. Hart’s report demonstrates, the Supreme Court brought the devilish action of Congress and the Executive branch to a screeching halt. The Supreme Court ruled in Brushaber (and the cases bundled with it), that wages are NOT income within the meaning of the 16th Amendment.

As the research documents, Congress was then forced to amend the Income Tax Act, to remove salaries, wages and compensation from the definition of taxable income, to outlaw the withholding of wages from the paychecks of citizens and to direct the Executive Department to refund all wages withheld. All this, of course was done to bring the law into compliance with Brushaber.

If only the government had honored the Petition Clause and shown respect for the People by acting on our Income Tax Petition: there would by now have been a Committee review of the Petition, leading to a full congressional debate on the legality of the operation present income tax system.

More than likely there would have been a decision to abrogate the current, un-apportioned, direct tax on salaries, wages and compensation because of its repugnancy to the Constitution. More than likely there would have been a decision to direct the Treasury Department, the IRS and the DOJ to stop enforcing the direct tax on labor. More than likely, there would have been a decision to adopt federal tax and monetary policies and programs more consistent with the letter and spirit of the Constitution. More than likely, the case against Dick Simkanin would have been dismissed.

C. Conduct Owed

Many times, before and after reaching the age of 18, we have pledged allegiance to the Republic. On more than one occasion, many of us have also taken an oath to defend the United States of America from all enemies foreign and domestic. We are duty bound; those were not empty words. We have a moral, if not a legal obligation to follow a certain line of conduct. We have a duty to perform -- conduct owed. The power of a moral obligation is a binding power.

When faced with unconstitutional and illegal behavior by people in our government, our duty is not to hesitate, stammer, stutter or waver, throwing into doubt our pledge, our oath or our determination to protect the Constitution, for we are indebted to the Creator, and to others who came before us, for a service received.

Our Petitions are prayers and supplications for Rights, not favors.

D. The Appropriate Next Steps

What started out in May of 1999, as a simple, straightforward request of the government for answers to legitimate questions regarding the origin and operation of the “income” tax system, has developed into an epic struggle of historical and legendary proportions.

Throughout the struggle, the free People have been taking appropriate next steps following inappropriate responses from the government. Always before the People has been the question, “What must a free people do when they have evidence the government is operating outside the boundaries drawn around its power by the written Constitution and will not justify its behavior?”

Today, letters have been sent to President Bush, Senator Kerry, Treasury Secretary Snow, Attorney General Ashcroft and IRS Commissioner Everson. (ed note: Links to the attachments are below)

Each official is presented with the substance of the most damning evidence to date demonstrating that the government is acting ultra vires (without bona fide authority), in forcing ordinary Americans to file and pay an un-apportioned, direct tax on their salaries, wages and compensation, and forcing American companies to withhold and turn over to the IRS a percentage of the earnings of those American citizens.

Each is requested to send a representative to a WTP sponsored public forum at the National Press Club on July 19, 2004, to answer a limited number of questions aimed at finally settling the grievances of the People regarding the Executive branch’s operation and enforcement of the “income” tax.

Thirty-eight questions are aimed at reconciling the difference between the Supreme Court’s definition of taxable “income” and that of the Executive branch. Five questions are aimed at reconciling the differences between Congressional mandates regarding taxable “income” and the behavior of the Treasury Department and the IRS.

President Bush and Senator Kerry are also asked to have representatives answer our questions in the War Powers Petition for Redress.

To be sure, without an emphatic demand, the government will not respond, much less relinquish the powers that it has unconstitutionally seized from the People. Therefore, the letters includes a forcible, earnest demand.

Each of the five officials is advised that should the July 19 symposium be as fruitless as prior opportunities presented to the Executive and Legislative branches to properly respond to our Petitions for Redress, it will be necessary to immediately motion the Court for an order to expedite the Right To Petition lawsuit and to temporarily and preliminarily prohibit and enjoin the IRS and DOJ from taking any further enforcement actions against companies and individuals for failure to withhold or failure to file and pay the “income” tax, until the court determines these underlying questions.

To prevail against the motion, the government will have to show that a balancing of the equities argues against the injunctive relief and that the government will likely prevail on the merits of the underlying issues.

Each of the officials is advised that this is the most appropriate next step in the People’s on-going, non-violent process of Petitioning for Redress of Grievances.

Of course, it is necessary that this final installment of evidence and questions be officially presented to the government. It is necessary that we create one last record demonstrating that the People know what the government has known for 88 years. If the government chooses not to respond to this, we cannot imagine more damning evidence of outright tyranny -- to say nothing of just plain immoral, despicable human indifference and arrogance. 

USDC Case # 04CV01211 We The People vs The U.S. Government: The Lawsuit To Restore Constitutional Order
OBJECTIVE: Reclaim Popular Sovereignty by Enforcing The "Long-Forgotten" First Amendment Right To Petition

 http://www.givemeliberty.org/RTPLawsuit/InfoCenter.htm
Lawsuit Information Center

4)  http://www.givemeliberty.org/rtplawsuit/Update04-Jul-26.htm 
Landmark Lawsuit Begins With Live National TV Coverage And March Down Constitution Avenue

On July 19, 2004, at 9 am, approximately 550 people from nearly every state in the Union gathered in the ballroom at the National Press Club in Washington DC. They again, were there awaiting a formal response from high ranking federal officials to a May 10 letter respectfully requesting those officials to attend the July 19 meeting and to respond to the People’s Petitions for Redress of grievances regarding the government’s violation of the taxing, war powers, privacy and money clauses of the Constitution and Bill of Rights. 

As has been its established practice, the government once more, chose to ignore the People and their Petitions. The officials did not send anyone to meet with the People, to address the issues or to respond to the Petitions by at least letting the People know when they would answer the People’s questions. 

From 9 am to shortly after noon, the audience (including an estimated one million people watching the event live on C-SPAN 2 and an estimated 500,000 people listening on C-SPAN radio) was informed about the original meaning, history and significance of the Right to Petition, the now epic struggle by the People to get the government to respond to our Petitions, the futility of individual lawsuits involving constitutional torts, and the particulars of our landmark Right to Petition lawsuit that was filed that afternoon. 

At 12:20 pm, the People marched to the District Court of the United States in support of their lawsuit against the United States Government. The lawsuit seeks a declaration of their Right to peaceably hold their servant government accountable to the Constitution and the Bill of Rights, by retaining their money until their grievances are redressed and seeks the protection of the Court against retaliation against the plaintiffs for exercising their Rights.

5)  http://www.givemeliberty.org/RTPLawsuit/
PreliminaryStatementOfCase.htm  PRELIMINARY STATEMENT OF THE CASE

The federal government is committing wrongful, unconstitutional acts resulting in injuries, loss and damage to millions of American citizens.

In spite of Constitutional prohibitions, the Executive branch is taxing the labor of the working men and women of America, forcing companies to withhold that direct tax from the wages and earnings of their workers, and Congress has acquiesced.

In spite of Constitutional prohibitions, the Executive branch has applied the armed forces in hostilities in Iraq without a Congressional declaration of war, taxing the labor of the People to pay for the mischief, and the Congress has acquiesced.

In spite of Constitutional prohibitions, the Executive branch is printing paper money without regard to any stockpile of gold or silver, then selling that paper money to a cartel of private banks for the cost of the ink and paper, then borrowing back that paper money from that cartel with principal equal to the face amount printed on the paper money and at an interest rate determined by the cartel, then taxing the labor of citizens to pay the interest on that "debt," and the Congress has acquiesced.

In spite of Constitutional guarantees, the Executive is collecting its tax on labor through a nationwide campaign of fear, intimidation and coercion and by the use of swarms of armed agents to search and seize the private property of working Americans, and the Congress has acquiesced.

In spite of Constitutional guarantees, the Executive and the Congress have refused to hear the citizens Petitions for Redress of these grievances.

In spite of Constitutional guarantees, the Executive is harassing and penalizing those citizens whose Petitions for Redress have gone unanswered and who now are acting to stop the withholding and payment of the illegal direct tax on labor, and tribunals inferior to the Supreme Court are cooperating in this abuse of government power.

The Constitution is hanging by a thread - the First Amendment Right to Petition, which includes the Right of Redress "BEFORE TAXES", is the only non-violent means by which the American people can directly confront unlawful government conduct. This Right to Petition is essential to the protection and preservation of individual liberty and equal justice under the law. The American People are being systematically denied this unalienable Right by the Executive, Legislative and Judicial branches of the federal government.

We The People have Petitioned the Executive and the Legislative branches. We now Petition to test the attitude of the Judiciary. We seek a declaration of our Rights and injunctive relief.

6)  Join Thousands of Plaintiffs! Confront A Government That Refuses to Answer!

There is NO cost to become, or participate as a Plaintiff.

ALL Plaintiffs are represented by the Mark Lane law firm.
Once a Plaintiff, you should not need not appear in Court or otherwise file any papers.
NOTE: As a named Plaintiff, your name and address will appear in some court filings.

The lawsuit is being funded solely by the We The People Foundation through donations.

To participate as a named plaintiff, please click on the following link and follow the instructions.

http://www.givemeliberty.org/RTPLawsuit/ApplyAsPlaintiff.htm

7)  http://www.givemeliberty.org/RTPLawsuit/Documents/
StatementBeliefs2Up26pgs.PDF  STATEMENT OF FACTS AND BELIEFS REGARDING THE INDIVIDUAL INCOME TAX (To Download, Right Click and choose "Save Target As" if you're using Internet Explorer as your web browser.)

8)  http://www.givemeliberty.org/WTP-tv/default.htm
WTP's (We The People) On-Line Streaming Media Library

9)  http://www.givemeliberty.org/rtplawsuit/Update04-Jan-10.htm
129 Years For Asking to See The Law- Perfectly Illegal: Non-Withholding Employer Simkanin Convicted in Rigged Trial

There is no doubt: Dick Simkanin was illegally convicted. The law cannot be used, or more appropriately, abused -- to penalize the citizens of this nation for failing to do something that NO specific law obligates them to do. Dick Simkanin studied the details of the U.S. tax laws, he repeatedly asked the government to “show him the law” and when it refused – he acted upon the words and letter of the written law.

Take another look at a U.S. Senate letter we posted to this column in July, 1999, from Hawaii Senator Inouye to one of his constituents, a tax consultant...  http://www.givemeliberty.org/RTPLawsuit/Simkanin/inouyeletter.PDF

This official letter says it all: First it establishes that there is NO provision in the law that specifically requires citizens to file and pay income taxes, but then goes on to state that the IRS regulations set forth "penalties" for failure to pay, what must therefore by the written law, be a “voluntary” “tax”. 

Incredulous? Yes. According to a U.S. Senator and the IRS regulations, citizens can (& will) be penalized for not filing, collecting and paying to our servant government the so-called “income tax”, even though there is NO provision in U.S. law which specifically, and unequivocally, requires an individual to pay income taxes. 

This is nonsense. We are a free people and the government is our servant. 

It may not happen tomorrow, but these errant servants will shortly be held directly, and personally accountable for the mayhem, mischief and damage they have done to our once-great Republic. 

We will say it again: under the circumstances we are faced with, it is now un-American to further encourage our government or facilitate the abuse of our People by sending it any money. 

As you read this article, consider who are the real enemies of freedom and pose the real threats to our Republic and our liberty. Remember, it is the true patriot who rises to protect his country and his freedom from the most insidious and dangerous menace that can exist – his own government.

10)  http://www.givemeliberty.org/rtplawsuit/simkanin/update02-29-04.htm
America’s Judicial System Lies In Rot

In June 2003, Judge McBryde imprisoned Dick Simkanin (in isolation) based on unsubstantiated, hearsay information from an IRS agent who said he received information from an “informant” that Simkanin was a threat to society. Note: The “informant” was a disbarred attorney who was apparently under pressure from the IRS for lying on his tax returns. The “informant” never appeared in court and never submitted a sworn affidavit. On the other hand, Judge McBryde did have direct, sworn testimony from two other people - evidence that contradicted the IRS’ hearsay evidence. However, ignoring the direct evidence, McBryde imprisoned Simkanin based on the IRS’ hearsay evidence. Simkanin was denied his Constitutional Right to confront the witnesses and evidence against him. He then had to prepare for his trial and try to keep his business running while caged in a federal prison cell. 

The Grand Jury was misled and manipulated by Assistant U.S. Attorney, David Jarvis, in its secret proceedings. The indictment of Dick Simkanin contained no specific charging statute/s (the actual law that he allegedly violated). The indictment contained only penalty statutes, for which Simkanin could not possibly be lawfully indicted, until found guilty of violating the underlying law upon which the penalty statutes were applied. The indictment of Dick Simkanin was a blatant act of government conspiracy and fraud.

It is a sickening, but irrefutable fact, that Dick Simkanin did not receive a fair trial in Judge John McBryde’s courtroom. The Assistant U.S. Attorney David Jarvis, with the highly prejudicial support of Judge McBryde, conspired to deny Simkanin his Constitutional Right to defend himself. McBryde and Jarvis prohibited the jury from hearing the law and the facts that would have conclusively proven Dick Simkanin’s innocence of the charges against him.

It is no insignificant matter that the same Judge McBryde who disgraced himself and his position of public trust by unlawfully directing the conviction of Dick Simkanin, is the same person who was previously suspended from the federal bench by the U.S. Court of Appeals for flagrant judicial misconduct. Why was this corrupt judge allowed to sit in judgment of Dick Simkanin? Any reasonable person would have to conclude, given his “truth and justice be damned, I’ve got a verdict to direct” behavior during Simkanin’s trial that Judge McBryde must have been promised an honorable “discharge,” rather than impeachment, in exchange for a directed verdict against Simkanin.

Pursuant to the United States Constitution, Dick Simkanin is guaranteed a speedy and public trial. The transcript of his trial is a matter of public record. NEVER is the transcript of a public trial sealed, without just cause. NEVER is the selection of the jury done in secret, without just cause. NEVER is the jury bused to the courthouse, without just cause. NEVER is the jury instructed, after they have rendered their verdict, not to identify themselves and not to identify the names of another juror, without just cause.

However, all this is now part and parcel of the Simkanin matter. This was precisely what Judge McBryde set out to do and what he has accomplished. Given these facts, we have reason to believe the “tag team” of Judge McBryde and the Department of Justice have something to hide. We believe it is important for the People to understand what that is. We believe we know what it is.

Truth and Justice were denied in Judge John McBryde’s courtroom. It is now abundantly clear that McBryde, and the Assistant U.S. Attorney, David Jarvis will stop at nothing to hide the truth behind a black robe of deceit and injustice. In violation of the separate powers doctrine McBryde and the Department of Justice (all the way to the top), have obviously been cooperating in a collective decision to deny Simkanin his Rights. To them, the ends justify the means. 

The Simkanin tragedy is but the latest evidence of the failure of the judicial branch of the government to uphold judicial doctrines, authoritative case law, the principles of United States law, and the United States Constitution when ruling in matters where the Internal Revenue Service and the Internal Revenue Code are involved. 

We now have overwhelming evidence that the Grand Jury in the Simkanin case was manipulated by the prosecuting attorney, and that the Trial Jury was intentionally misled and unlawfully instructed by a federal judge, all in a desperate effort by the IRS and Department of Justice to indict and convict an innocent man -- an honest and honorable man who followed the law and had the rare courage to stand for the truth. 

It is now certain that Judge McBryde and David Jarvis, the prosecuting attorney for the United States, conspired to convict Mr. Simkanin by refusing to give the Trial Jury the chance to review the law and the facts that would have proven conclusively that Mr. Simkanin was innocent.

During the trial, McBryde and Jarvis, obviously performing together as a tag team that was out to defeat the law, prevented Simkanin’s attorney from defending Simkanin. They would not allow the jury to hear any reference to the Constitution and the law that Simkanin had studied and relied on. 

Over and over, Jarvis would object to any mention of the law and McBryde would sustain the objection. Whenever Simkanin’s attorney attempted to bring the Constitution or the details of the law into the record, over and over again McBryde would say, “We’re not going there, I’ll decide what the law is – let’s move on to a new subject.”

Even when the jury asked Judge McBryde for the section of the law that required Simkanin to withhold, McBryde merely recited the penalty statute, “IF ONE IS REQUIRED to withhold….”Note: the transcript also shows that even though McBryde told the jury he was quoting the exact language of the law he, in fact, misquoted the statute. We believe he did so deliberately. See the link below for excerpts and analysis of the transcript. 

The jury sent another note (Juror note #4) to McBryde, asking, in effect, “Since no proof has been presented to us of a law that required Simkanin to withhold, do we have to wade through all 7,000 pages of the Internal Revenue Code to find it?“ 

McBryde, still refusing to let the jury know what law Simkanin violated, simply instructed the jury, “The court has determined the legal fact that Dick Simkanin is required by law to withhold. Do not concern yourself with this.” 

This grossly improper statement by McBryde, essentially directed the jury to find Simkanin guilty. It completely removed from the jury members their Right to see the evidence the government was relying on to convict Simkanin. McBryde directed a guilty verdict by specifically telling the jury they could not possibly have a reasonable doubt about Simkanin’s innocence and they were not capable of judging the law and the facts. 

In short, McBryde, working in close coordination with the Department of Justice, severely restricted Simkanin’s Right to defend himself, to present evidence and witnesses that would have certainly been the source of substantial reasonable doubt. Dick Simkanin was not allowed to enter a single piece of documentary evidence in the trial.

The courts of America belong to the People, not overzealous government prosecutors and dishonest judges. Our Grand Juries and Trial Juries must be protected from this type of manipulation and unlawful interference if we hope to live in a free country and reclaim Constitutional Order for our Republic. 

There is no more important task currently facing the We The People organization than freeing Dick Simkanin and exposing the tyranny and corruption of the judiciary and DOJ officials that wrongfully prosecuted and convicted him.

11)  http://www.givemeliberty.org/RTPLawsuit/Update2005-03-30.htm
Appeal Exposes Sham Tax Trial

Texas business owner Dick Simkanin's appeal is finally underway in the Fifth Circuit Court of Appeals in New Orleans.

This appeal is being made after two failed attempts by the government (in 2001 and 2002), before two separate grand juries to indict Simkanin (after hearing direct testimony from him), a successful indictment by a grand jury (where Simkanin was prevented from testifying), one mis-trial ending in a "hung jury" (where Simkanin testified freely on the witness stand), a second patently flawed criminal trial (and conviction) that made a mockery of Justice and Simkanin’s Due Process rights, and 21 months of incarceration.

Simkanin is appealing his conviction for multiple tax charges stemming from his belief that no law required him to withhold taxes from the paychecks of his workers and no law required him to file a federal tax return.

The Due Process violations argued in Simkanin's appeal include both the errors federal District Court Judge McBryde committed during trial and the errors committed by Judge McBryde in doubling Simkanin's sentence above the federal guidelines. Note: Simkanin had NO previous criminal record, he had made enormous positive contributions to both his family and community throughout his life and, before deciding, in 2000, to stop withholding, he had repeatedly sought answers from his elected representatives and from the IRS to legitimate questions about the legality of the operation of the individual income tax system. All of his requests for answers fell on deaf ears.

Simkanin was convicted without the government ever averring ANY specific U.S. statute that required Simkanin to withhold taxes for his workers – or file – or pay wage taxes. Again – NO specific law imposing a legal duty upon Simkanin was ever cited by the government in the indictment, in any pre-trial pleading, or at trial.

12)  http://givemeliberty.org/RTPLawsuit/Update2005-01-26.htm
IRS Commits Fraud On The District Court

A. IRS Gets Caught In A Deliberate Falsehood

Honest parties to a lawsuit follow the court’s rules and they don’t lie. Dishonest parties will break the rules and lie to the court -- especially if the case is not going well for them. The IRS, and its lawyer, the DOJ, just got caught breaking the rules and lying to Judge Sullivan in the Right-To-Petition lawsuit.

B. Hard Evidence: IRS Commits Fraud Upon The Court

In an extensive footnote (see the DOJ Reply Brief, pg. 5) IRS argues that “all three branches” of government “have already responded to the anti-tax arguments” raised by WTP. IRS further states in the footnote that, “The Internal Revenue Service publishes guidance discussing all or most of plaintiff's positions on the income tax.”

In support of the government's assertion to the Court that they have answered the Petition regarding the income tax, IRS specifically cites “IRS Pub. No. 2105 (Rev. 10-2003)” which they told the Court is an IRS document titled, “The Truth About Frivolous Tax Arguments.”

In fact, the publication cited in the DOJ brief (i.e., publication “2105,”) is a single page, 2-sided, “tri-fold” color brochure entitled “Why do I have to Pay TAXES?” (sic)

In fact, the document put forth as evidence of the Executive Branch’s response to the WTP Petition for Redress Regarding The Federal Income Tax is a 54-page document, with:

NO cover page,
NO identified author,
NO publication date,
NO publication number,
NO catalog number, and
NO revision date.

Furthermore, and very tellingly, there are NO markings indicating it is from the Department of Treasury or the IRS, or that it is printed by the U.S. Government Printing Office.

In fact, there are NO markings, logos or any language indicating it is an official document of ANY government agency or the U.S. government at all. Beyond this, there is NO statement, in any form, claiming that the legal assertions put forth in The Truth About Frivolous Tax Arguments constitute the official, legal position of the United States Government.

C. Attorney Mark Lane Confronts The DOJ

Following an analysis of the Government's manipulations in their Reply Brief and the discovery of outright IRS fraud regarding evidence it proffered to the District Court toward establishing that it had answered the Petitions for Redress, RTP lawsuit counsel Mark Lane and WTP Chairman Bob Schulz filed motions with the Court for permission to file a “Sur-Reply” to address the new issues raised in the DOJ brief.

In mid-January, attorney Lane confronted the U.S. Attorney, Ivan Dale via phone and informed him of the findings.

In that conversation with Lane, Dale strongly asserted that despite the overt language and claims contained in the Government's brief, Dale was recanting the position of the Government and now claimed that the Government, had in fact, NOT responded to the Petitions for Redress. Furthermore, in spite of this explicit contradiction, Dale did NOT state that he would withdraw the allegations made in the pleading.

DOJ has not opposed these latest WTP motions.

D. Time To Come Together In Support

We need to join together and focus our resources toward specific, tactical objectives that will leave our Judiciary no practical choice but to hold the offending branches of government accountable for their trespasses upon our unalienable Rights and restore Constitutional Order to our land.

Mr. Lane has already been paid $145,000 of the $285,000 contracted for this segment of the lawsuit. As of today (January 26, 2005) this leaves a balance of approximately $140,000. Although many have given much to date and several months have transpired since our high-profile kick-off event last July in DC, the Foundation is committed to quickly fulfilling the balance of its current financial obligations to Mr. Lane.

Whether you are a Plaintiff or not, we ask each of our WTP supporting families to consider the collective good that our nation will realize when we succeed, and the personal commitment that you can make toward our noble, and necessary endeavor. Your personal contributions to WTP are the sole source of what has enabled this organization to accomplish what is has thus far – and what it will continue to accomplish.

Please consider making a substantial one-time donation, and further committing to an ongoing, monthly investment so that our organization has the resources needed to manifest the dream that is America. 

III.  http://www.freedomabovefortune.com/  Joe Banister's Website

Freedom Above Fortune was founded by Joseph R. (Joe) Banister, a former IRS Criminal Investigation Division Special Agent who learned of serious constitutional questions relating to the federal income tax and the federal banking and monetary systems.

Now that you have learned the truth about the Income Tax, how does it make you feel? I hope it makes you MAD! Does it make you mad enough to stand up for your rights or are you going to remain silent because you're a COWARD? Are you too scared to join the "We The People" lawsuit against the government? Since it does not cost any money to join you can't use that as an excuse. If you're too scared to speak up now when it's peaceful and you have thousands to stand with you, then what are you going to do if things get really bad and you have to fight? Are you willing to become a SLAVE? The Evil Elite has an Evil Plan and it's only going to get worse if we don't stand up to them now!

RISE UP AMERICANS!

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