More Congressmen
Respond More
of same:
Insolence! One month has passed since
all 535 congressmen were petitioned for a redress of grievances
regarding the federal income tax. On April 15th, thousands of
letters from constituents were hand delivered with copies of the
Truth-in-Taxation Hearing record to every member of Congress.
Of the 535 Congressmen, 513 have NOT responded to
the petition.
Below are some of the "responses" from the handful
of Congressmen who did bother to reply. The responses are indicative of
the true condition of our Republic.
These letters constitute the formal response from
our elected federal officials to the citizenry on one of the most
critical issues this nation has encountered. This Foundation considers
it a vital responsibility to document for all posterity how our leaders
responded during this crisis for our Constitution.
In our last update, we published the first four
letters received back from Congressmen. During the last three weeks, the
People have heard from another eighteen Congressmen.
As with the four "responses" from the previous
article, each of the congressmen has utterly ignored the sum and
substance of the appeals they received from their constituents.
Not one congressman has acknowledged the record of the Citizens'
Truth-In-Taxation Hearing, much less the Hearing's 537 statements of
fact, supporting evidence and conclusions of law.
This, despite the fact that every constituent
letter that accompanied the record read in part, "The formal record of
the hearing removes any doubt that this nation's income tax system is
unconstitutional in its origin, fraudulent and abusive in its operation,
and ultimately repugnant to every principle of equal justice, due
process of law and personal liberty that we cherish as Americans."
The constituents' letters clearly and respectfully
ask the Congress to move to schedule a congressional hearing (requiring
IRS and DOJ to answer the questions and address the evidence of the
Truth-In-Taxation Hearing) or, in the alternative, move to direct the
IRS and DOJ to stop enforcing the Internal Revenue Code as if
withholding, filing of returns and payment of the tax is compulsory. The
constituents' letters respectfully requested the congressmen to let the
constituents know, by June 1st, which of the two alternatives
they will pursue.
Only one congressman has acknowledged even a
portion of the content of a constituent letter. However, even in this response
Senator Conrad merely directed the constituent's attention to the
testimonies offered in April's Senate Finance hearing on tax "scams"
which had absolutely nothing to do with the issues addressed at the
Citizens' Truth-In-Taxation Hearing.
The letters the People have received from
congressmen are marked by triviality or inferior worth.
Congress is treating the People with insolence,
indignity and contempt.
As you read what these congressmen have written,
keep in mind the following, which is a brief summary of the full range
of grievances the People formally "nailed to the door of the Congress"
on April 15, 2002 – i.e., the basis of the People's petition for a
remedy:
- Using threats of criminal prosecution, financial penalties,
and incarceration, the government compels the People to sign and file
a tax return, effectively forcing citizens to "voluntarily" waive
their Fifth Amendment rights.
- The government bases its authority for the income tax solely on
the 16th Amendment, which was fraudulently ratified. When asked to
determine the question of the fraudulent adoption of the 16th
Amendment, a federal Court of Appeals said that was a "political
question" for Congress to decide.
- The income tax on labor in all respects functions as a "slave
tax." This is in direct violation of the Constitution's 13th Amendment
prohibiting peonage and involuntary servitude.
- The IRS' daily operating practices routinely deny the average
citizen due process of law.
- Legislative jurisdiction is required to tax. The federal
government enjoys this Constitutional power in only a very small list
of geographical areas that include Washington DC. Congress has no
legislative jurisdiction inside the 50 states.
- There is NO U.S. income tax law or income tax regulation that
explicitly imposes the income tax on the general American populace.
- The IRS blatantly disregards the 4th Amendment in violation of the
Constitution by routinely seizing wages, bank accounts and property
without valid court orders or warrants.
- Although they have no bona fide delegated legal authority, IRS
Agents are fraudulently trained by IRS management to create
"Substitute Returns" for individuals who fail to file tax returns.
Many U.S. citizens have been falsely convicted of tax "crimes" based
directly on assessment documents fraudulently certified by IRS agents
as lawful evidence of proper assessments and presented to U.S. District
Courts.
- The IRS unlawfully alters its computer records to skirt legal
protections programmed into the tax computer systems and maintains
records in ways that eventually lead to unlawful tax enforcement
actions by the agency.
- The evidence documents IRS fraud and abuse including: manipulation
of taxpayers' master files, illegal time-barred assessments,
underpayment of interest owed to taxpayers, illegal levies and liens
against taxpayers' social security benefits, illegal civil penalties,
fraudulent certifications of records and more.
- Even for crimes where the punishment includes incarceration, tax
defendants are routinely denied the right to present defenses based on
the Constitution.
- The deliberate redefinition and misuse of the word "includes" in
the tax code leads the masses to falsely believe the IRS has
jurisdiction over things, places and People it does not.
- As written, the statutes in the USC
instruct tax payers to use regulation Section 861 to determine if
their income is taxable. Per the plain language of the regulations,
wages, salaries and even capital gains earned by ordinary Americans
within the fifty states are not taxable because they do not arise from
a taxable activity that the federal government has jurisdiction over.
For your examination and consideration:
FLORIDA
Representative Adam Putnam responded to his constituents Randall and
Maria Giles. He wrote in part, "I agree with you that the federal income
tax system and the Internal Revenue Service are in need of major
reform…I am hopeful that during the 107th Congress we will
take up legislation that will not only improve the tax code but also
will vastly improve the agency's responsiveness…In 1913, the states
ratified the 16th Amendment, which gave Congress the
authority to enact an income tax…On April 2, 2002 the Government Reform
Committee, of which I am a member, held a hearing on the IRS's progress
in addressing management issues…fundamental changes are underway in all
aspects of the IRS's operations. These changes will hopefully provide
taxpayers accurate and prompt information to assist them in filing,
paying, and resolving issues in a time and manner convenient for them…I
am confident that the 107th Congress can examine this issue
and implement a comprehensive reform plan that addresses some of your
concerns…."
Click here
to read Putnam's response.
Ed. note: Rep. Putnam appears oblivious to the fact that
the Hearing record
presented firm evidence of the fraudulent adoption of the 16th
Amendment and widespread unconstitutional and criminal activity at IRS
and DOJ. Management issues at IRS are not the problem. One cannot
"reform" unlawful behavior by government. Most students of history
call this tyranny.
IDAHO
Senator Mike Crapo responded to his constituent Ron Laird. He
wrote, "Thank you for contacting me with your suggestion for simplifying
the tax code…There are currently many tax relief proposals in Congress
that deserve careful consideration. I am dedicated to reforming the tax
code to lower the burden on all Americans and making the tax code
fairer, flatter, and simpler."
Click here
to read Crapo's response.
Ed. Note: The
Senator is confused. The only simplification needed here is for
Rep. Crapo to tell his constituent whether the People still have a Constitution
or not. His so-called "dedication" to the continued functioning of the tax system
might begin with a review of his oath of office and the U.S. Constitution. It
may help him as well to actually look at the Hearing record.
TENNESSEE
Senator Fred Thompson responded
to his constituents Mr. and Mrs. Raymond Woddle. He wrote in full,
"Thank you for taking the time to visit my office while you were in
Washington. The welcome mat is always out for you and other Tennesseans.
I hope you will always include my office in your plans when you are in
the Nation's capital. If my staff or I can ever be of assistance, please
do not hesitate to contact me. While I always welcome your visits to my
office, I would also suggest that you click on my web page at
http://thompson.senate.gov to gain more
information about my work and about ways my office can provide
assistance."
Click
here to read Thompson's response.
Ed. Note: This is
certainly the most outrageous response received from any congressman.
All Senator Thompson has to
say is, "Thanks for stopping by." The reality is this: The
People may not have a
Constitution anymore, and are witnessing the real-time "meltdown"
of their unalienable rights. Reams of legal evidence – and sworn
testimony of ex-IRS agents, attorneys, CPAs, etc. – all document that
this nation is being financed by a tax system that is borne of fraud, enforced
unlawfully and administered in violation of virtually every single
protection of the Constitution. In response, all Senator Thompson has to say to this is,
"Thanks for stopping by."
Possibly when Senator
Thompson returns home he can explain to the sovereign
citizens of Tennessee how the Tennessee legislature could legally
approve a vote to approve the 16th Amendment when:
1) they violated Article
II, Sections 28 and 29 of the Tennessee Constitution, which prohibits
the legislature from voting to impose an income tax on the people of
Tennessee;
2) they violated Article
II, Section 32 of the Tennessee Constitution by denying the people an
opportunity to vote for new state legislators between the time the
proposed 16th Amendment to the U.S. Constitution was
submitted to the state legislature and the time the state legislature
voted to approve the Amendment; and
3) they violated Article
II, Section 18 of the Tennessee Constitution by failing to read (and
pass), on three different days, the bill containing the proposed 16th
Amendment to the U.S. Constitution.
NEW YORK
Representative Michael McNulty, who is on the House Ways and Means
Committee, responded to his constituent Burr Deitz.
He wrote, " I am in receipt of your communication regarding the
constitutionality of the Federal income tax. The Supreme Court has ruled
on this issue. You may be assured that I will continue to support a fair
and equitable tax code."
Click
here to read McNulty's response.
Ed. Note: The constituent
did not ask if the tax was fair or equitable. The constituent asked Rep.
McNulty to answer the 537 questions. Contrary to the claim, the Supreme Court has not
ruled on the issues addressed in the People's hearing. Rep. McNulty
should fulfill his duty as a Congressional representative by providing
citations to support his claims, and he should find the ways and means
to run a Constitutionally valid system of taxation.
TEXAS
Representative Mac Thornberry responded to his constituent Robert Baker.
He wrote in part, "Thank you for contacting me about the IRS… I agree
with you that we need to lower taxes and reform the IRS. Since I was
first elected, the issue of tax reform is one which people have raised
quite often. Last year, Congress past (sic) the largest tax cut since
1981… While this was a good start, more needs to be done to make the tax
system fairer for all Americans."
Click
here to read Thornberry's
response.
Ed. Note: The issue at at
hand is not the level of taxes, "reform" of the IRS or tax cuts.
The issue is the
Constitution of this nation. The issue is the laws and regulations of
this nation. The issue is whether the government has the legal authority
to force this tax upon a free People. The issue is whether the federal
government has legal jurisdiction to tax within the 50 states. The issue
at hand is the People's rights, liberties and the future of this
Republic.
The People demand that Senator Thornberry
uphold his oath of office and the Constitution. The People demand that
he get the DOJ and IRS to answer these questions or get them out of
their lives. It is time for the government to do the talking. The People
still await his response.
OKLAHOMA
Senator James Inhofe responded to his constituents Richard Gardner,
Donald Huff and Kenneth Grice with identical letters. He wrote in part,
" As I am sure you are aware, I have always been an outspoken advocate
for limiting our government. I believe that the current federal income
tax is responsible for more than one hundred billion dollars in tax
cheating and costs the economy tens of billions of dollars in wasteful
investment. Furthermore, our national tax code is predicated on the
premise of voluntary compliance. Yet nuances, loopholes and other arcane
rules make income tax preparation increasingly difficult. Presently, I
am studying several different proposals to reform and simplify the
current tax code."
Click here
to read Inhofe's response.
Ed. Note: The People all agree that the system is voluntary.
What is Senator Inhofe going to do about the constituent who wants his
537 questions answered?
As explicitly requested
in the letter and Hearing package, the Senator can either
direct IRS and DOJ to stop enforcing the tax code as though it were
mandatory – OR can schedule a public congressional hearing and let
them (IRS & DOJ) answer the questions as they are required to under law
in response to a proper petition for redress of grievance. The sovereign
People of Oklahoma await his answer. The People all await his answer.
OKLAHOMA
Senator Don Nickles, who is on the Senate Finance Committee, responded to his constituents Richard Gardner and
Donald Huff with identical letters. He wrote, "Thank you very much for
your correspondence expressing your concern over tax reform and freedom
of religion…The problems you describe are indeed important and deserve
review. I very much appreciate you sharing your opinions."
Click here to read Nickles' response.
Ed. Note: Senator Nickles
should have
his staff send out the correct form letter. Regarding the
Truth-in-Taxation Hearing – the sovereign People of Oklahoma await his
answer. The People all await his answer.
OKLAHOMA
Representative John Sullivan responded to his constituent Kenneth Grice.
He wrote, "A few weeks ago, I received a copy of the United States Tax
Code – all 1,395,000 words of it. As I placed the four huge volumes that
are each thicker than a Bible on my desk, I realized the tax code is too
complicated. As your Congressman, I wanted to let you know that I stand
committed to work to reduce the tax burden on families. Recently, I
voted in favor of "The Taxpayer Protection and IRS Accountability Act."
This important legislation takes a common sense approach to improve the
tax code and the efficiency of the Internal Revenue Service. The
legislation will allow people who make simple mistakes on their tax
returns, such as forgetting to put a stamp on the envelope, to not be
penalized by the IRS. It also allows individuals who cannot afford to
pay their taxes in one lump sum to pay in monthly installments …I
strongly believe that Americans are overtaxed. I assure you that I will
continue to vote in favor of legislation that keeps as much money as
possible in your pockets and out of Washington, D.C."
Click
here to read Sullivan's response.
Ed. Note: Rep. Sullivan
admits voting for legislation that would impose a $5,000 fine for
even asking the IRS about the so-called "frivolous" legal and constitutional
issues raised during the Truth-in-Taxation Hearing.
The state
motto of Oklahoma is "Labor omnia vincit" (Labor conquers all
things). Rep. Sullivan could help the sovereign People of Oklahoma keep
some of theirs. The way to keep more
money in the pockets of his constituents is to start
enforcing U.S. tax laws as they are actually written – the citizens of
his district are under NO general legal obligation to send ANY income
related monies to Washington DC.
MICHIGAN
Senator Debbie Stabenow responded to her constituents
Diane Muhammad and Michael Romanow with identical letters. She wrote, "
U.S. tax laws are found in Title 26 of the United States code. Section
6012 of the Code makes clear that only people whose income falls below a
certain minimum level do not have to file returns. Sections 861 through
865 determine whether income is from a U.S. or foreign source – they do
not in any way exclude income from taxation for a U.S. citizen or
resident. If you have any further questions, please feel free to call
the IRS at 1-800-829-1040 or visit its website at
www.irs.gov." Stabenow enclosed the
document entitled "The Truth About Frivolous Tax Arguments." The document
is undated and has no cover page. There is no indication as to who authored it
or even whether it is an official government document.
Click
here to read Stabenow's response.
Ed. Note: Senator Stabenow
should realize by now that this simplistic rhetoric is not acceptable for We The People.
Ms. Stabenow's constituents respectfully submitted substantial legal
documentation and sworn testimony questioning the legal basis of the
nation's tax system. Disappointingly, her only response is a regurgitation
of a few syllables from the tax code and the
phone number for the IRS.
Senator Stabenow's apparent knowledge of Section 861 should be shared with the nation;
she should review the content of the Hearing record and then contact Larken Rose (taxableincome.net).
In the interim, she might consider the fact that her constituents have
observed that the present "system" of government isn't working the way
they learned it should in school, and have decided to write to her
accordingly.
Her constituents are concerned that men with guns
from the Executive branch are acting without
proper legal authority and are unlawfully seizing their property and
their labor. Her constituents in Michigan wrote her a letter asking for
redress and she has chosen instead to ignore that request. Her
inaction is helping to fan the flames of a Constitutional Crisis
that may not have a happy ending.
NORTH CAROLINA
Representative Charles Taylor responded to his constituents Ed and Kathy Wahler. He wrote, "Thank you for contacting me to express your belief
that the 16th Amendment is illegal…I appreciate you for
dropping materials by my Washington, D.C. office regarding this matter.
I am afraid that I must disagree with you regarding the legality of the
income tax. Although the debate continues as to whether the income tax
is the most efficient or fairest method of taxation, the Congress and
the Courts have consistently declared the federal income tax legal."
Click here
to read Taylor's response.
Ed. Note: Rep. Taylor,
apparently lacking stomach for such sticky legal details as are contained in the
Truth-in-Taxation Hearing record, simply dismisses his constituent's
claims as an unfounded rant having been decided by the Congress and the
Courts.
Rep. Taylor should be
able to cite specific court cases and congressional statutes for his
constituents. The citizens of North Carolina should not be denied the
apparently common knowledge held by their elected officials in
Washington that seemingly has authorized a tax system that is
administered and enforced in clear violation of both basic
Constitutional principles and the explicit language of U.S. law.
Rep. Taylor also seems to
hold out the promise for the People of North Carolina that the U.S.
Government wants to make the tax system even MORE efficient. Answering
his constituents' questions about the specific laws that purport to have
the legal authority to take half of the Wahler family's income every
year under threat of imprisonment and seizure might be a good way to
start.
The People present two final
comments for
Rep. Taylor: Hitler was efficient. Stalin was efficient.
KANSAS
Senator Pat Roberts responded to his constituents Michael Kerner and
David Pflum with identical letters. He wrote, "The sixteenth amendment
to the Constitution, ratified in 1913, removed the apportionment clause
of article one, thereby making taxes on income constitutional. In every
period of our history, there have been people who dispute the obligation
to pay taxes. They claim that filing a return violates their 5th
Amendment rights or that the 16th Amendment is illegal. This
information is false and has led to the financial ruin and prosecution
of many taxpayers. Since ratification of the 16th Amendment,
the Supreme Court has consistently upheld the obligation of American
citizens to pay income tax. Rest assured I oppose unnecessary taxes. I
have long supported efforts to lessen the tremendous tax burden that is
shouldered by Americans. However, it is important for taxpayers to
understand their legal obligation to pay income tax in support of the
democracy and government activities."
Click
here to read Roberts' response.
Ed. Note: Senator Roberts
is apparently ignorant of one of the most fundamental precepts of this
nation. America's form of government is a Constitutional
Republic, not a Democracy. The 16th Amendment did not remove the apportionment clause of Article 1, but (purportedly) modified
it with respect to the income tax.
Perhaps the Senator ought to explain to the people of Kansas why
they should take his personal assertion that the 16th
Amendment carries the authority of law even though there is irrefutable
documented evidence and sworn testimony that it was fraudulently
ratified. NO court has ruled on this fraud, except to say that it is a
"political question for Congress to decide." Senator Roberts should look
at the hearing record to learn for himself that Kansas' vote on the 16th
Amendment violated no less than three provisions of the Kansas state
constitution – which legally VOIDS Kansas' vote on the 16th
Amendment.
With regard to the
Senator's simple dismissal of his constituent's 5th Amendment
concerns as "false," perhaps the Senator ought to be concerned about
how his testimony in this letter will be used against him by the
sovereign voters of Kansas when it is learned that he personally helped
facilitate the destruction of the Constitution by his ignorance and
apathy on these matters.
As Chairman of the Senate
Ethics Committee, Sen. Roberts should reflect deeply upon the meaning of his oath of
office before responding to his constituents with veiled threats, flawed legal reasoning and the general lack of respect owed
given the importance of this issue to both his constituents and this nation.
Americans are not against
paying taxes. Americans have, however, demonstrated an historical
tendency to take exception to any government that operates without bona
fide legal authority and violates the constitutional principles that
this nation was founded upon.
VIRGINIA
Senator John Warner wrote to his constituents Guy Freeson, James
Johnson, and Mr. and Mrs. Jerrold Ogert in identical letters. He wrote,
"Rumors have spread claiming that current law does not legally bind you
to paying federal income taxes. It has been argued that filing federal
income taxes is voluntary because the 16th Amendment to the
United States Constitution was never legally ratified. Some individuals
and business owners have read misleading statements concerning the 16th
Amendment, and mistakenly believe it to mean that they are no longer
required to pay income taxes. The sixteenth amendment to the
Constitution was passed by Congress July 2, 1909 and ratified by the
thirty-sixth state on February 3, 1913, and, declared ratified on
February 25, 1913. The sixteenth amendment states that: The Congress
shall have power to lay and collect taxes on incomes, from whatever
source derived, without apportionment among the several States, and
without regard to any census or enumeration. Tax protestors are nothing
new. Many of the tax avoidance schemes, however, fall along the same
lines as a get rich quick scheme. Taxpayers need to be aware of the work
and potential costs involved in the long run, and consider just how much
all of it really pays off."
Click here
to read Warner's response.
Ed. Note: Senator
Warner could help stop all such rumors by getting some official
answers to the 537 questions from the People's Truth-in-Taxation
Hearing. The Senator apparently looks upon his constituents with
contempt for
daring to ask their government to answer specific questions about
the actual laws, tax regulations and the Constitution of this nation.
By characterizing these
so-called "protestor" issues as a form of get rich quick scheme he ignores the
fact that most of his constituency cannot and will not ever get
rich -- regardless of their personal toils -- because of an unconstitutional
system of taxation that forever chains them to the plantations of
Virginia. The unlawful "scam" or "scheme" is the one
currently being administered from the
offices overlooking Constitution Avenue.
With regard to the
"potential costs," it is Senator Warner and his colleagues who should
consider the costs of this fraud upon
this Republic and the People's freedoms as they deny constituents across this
land their
right of redress as guaranteed by the 1st Amendment to the
Constitution. The state of Virginia should pray that history not record
that their elected leaders were instrumental in both the birth and
demise of this nation.
NORTH DAKOTA
Senator Conrad, a member of the Senate Finance Committee, responded
to his constituent Roy Neset. He wrote, "For years, some people have
tried to argue that the federal income tax system is unconstitutional
or, otherwise, so legally flawed that it is unenforceable. However,
whenever these arguments have been presented in a competent legal forum,
the income tax has been upheld. On April 11, the Senate Finance
Committee held a hearing to discuss the growing problem of promoters who
purport to reveal (for a price, of course) secret knowledge about the
tax law that will prevent someone from having to pay federal income
taxes. What we learned at that hearing is that these promoters generally
dredge up old, discredited legal arguments and pass them off as newly
discovered facets of the law. Among our witnesses was a victim of one of
these schemes, who told the committee that he learned – after he was
indicted for tax evasion – that all of the legal arguments based on the
"secret knowledge" provided by the promoter had been rejected repeatedly
by the courts at all levels…The transcripts of all the testimony offered
at the hearing can be found on the Internet at
http://finance.senate.gov. In your letter, you
requested a Congressional hearing in which the Internal Revenue Service
(IRS) and the Department of Justice (DOJ) address the question of the
constitutionality of the federal income tax. I would direct your
attention specifically to the testimonies offered at the April 11
hearing by IRS Commissioner Charles Rossotti and DOJ Tax Division Chief
Ronald Cimino." Conrad enclosed the document entitled "The Truth About
Frivolous Tax Arguments."
The document is undated and has no cover
page. There is no indication as to who authored it or even whether it is an official government document.
(Note: Our analysis of the 32-page document will be included in our next
article.)
Click here to read Conrad's response.
Ed. Note: Instead of
attempting to get official and substantive responses to his
constituent's specific 537 questions from the Truth-in-Taxation hearing,
the Senator (who is on the Senate Finance Committee) chose to merely
proffer the testimony of a convicted tax felon under duress of
incarceration, 32 pages of anonymous, carefully crafted tax propaganda,
the testimony of an IRS Commissioner who needed a presidential pardon
for violating federal conflict of interest laws and a lead official from
the DOJ that reneged on the agency's written agreement of July 2001 to
publicly explain to the American public exactly what source of legal
jurisdiction they rely upon to prosecute citizens of the 50 states for
federal "tax crimes."
In planning for the
future finances of this nation the Senator should note the following:
These claims are not new.
These claims are very well documented. What is new, however, is that
millions of Americans can now access the details of the nation's tax system and the
inherent deceptions it is systemically built upon with just a few
keystrokes on their computer.
Again, if the legal
questions here are so cut-and-dry as to be trivialized as "frivolous"
and even characterized by the government as illegal "schemes," why
doesn't the Senator just schedule the public hearing and let the DOJ and
IRS answer the 537 questions and be done with this troublesome matter?
How can asking government questions about
the laws be considered a "scheme?"
How can a Senator who has
taken an oath of office to defend the Constitution refuse a constituent
his right to petition for redress as provided for under the 1st
Amendment?
WASHINGTON
Senator Maria Cantwell responded to her
constituent Tim Garrison. She wrote, "Thank you for writing about the
constitutionality of income taxes…without taxation, our government would
not be able to provide critical services, such as military defense,
public education, transportation infrastructure, and public health
programs, to the American people…The Sixteenth Amendment, which was
ratified in 1913, made it possible for all forms of income to be
taxed…Some lawyers and historians have alleged that the Sixteenth
Amendment was not properly ratified and therefore dispute Congress'
authority to collect income taxes. Although President Taft did not sign
the resolution that became the Sixteenth Amendment, the Supreme Court
ruled in 1798 that constitutional amendments do not need to be approved
by the President. There are also concerns that certain states did not
properly ratify amendment due to variations of punctuation, spelling, or
capitalization from Congress' version. This question has come before
several Courts of Appeals in recent years, and the courts have rejected
these challenges to the Sixteenth Amendment, ruling that previous court
precedent has acknowledged the legitimacy of the ratification process of
the amendment."
Click
here to read Cantwell's response.
Ed. Note: Senator Cantwell
recites a list of "critical services" that income taxes pay for.
However, according to the Grace Commission Report, all the revenue from
the income tax is used to pay the interest on the national debt and to
fund the federal government's "transfer payments," i.e., its welfare
programs which take money from those who earn it and transfer it to
those who don't. And, to make matters worse, even a liberal reading of
the Constitution does not permit the federal government to provide
"public education" or "public health programs."
The Senator's
understanding of the history of the 16th Amendment would
certainly improve if she actually looked at the documentation of the
Hearing record. Her rendition of history as shown by her letter
misconstrues very significant legal issues surrounding the ratification
of the Amendment.
The issue of Taft's
signature is not a point of legal contention. The Senator casually
dismisses "variations of punctuation, spelling, or capitalization..."
while ignoring the hearing record which documents conclusively that
there were substantive violations of due process regarding documentation
and certification of many states' votes, misrecording of states' votes
and states that omitted or added words to the proposed amendment while
approving it. Finally, the Senator ignores the legal exhibits showing
that many states violated significant and multiple provisions of their
own state constitutions -- thereby voiding those states' votes.
With regard to the U.S.
courts, the Senator fails to inform her constituent that the reason the
courts have "rejected these challenges" is that the courts refuse to
adjudicate the issue of fraud, calling it a political question for
Congress to decide.
Unfortunately, aside from
Senator Cantwell's single fixation on the 16th Amendment,
there are many, many other legal and constitutional problems with the
income tax system. Constituents of Senator Cantwell are unfairly being
kept waiting for
her answers concerning the other 14 areas of inquiry covered during
the Hearing.
TENNESSEE
Representative Zach Wamp responded to his constituent Arnold Cohn. He
wrote in full, "I had a member of my staff contact the IRS about your
concerns. Enclosed is information they provided for me. I hope this
information is helpful." Enclosed with the letter was a copy of "The
Truth About Frivolous Tax Arguments," which was undated, did not
identify the author and had no cover page. (Note: Our analysis of this 25
page document will be included in our next article.)
Click here
to read Wamp's response.
Ed. Note: The constituent wrote his elected legislative representative about
significant legal abuses and threats by agencies of the Executive
Branch. As documented conclusively on the Hearing record, this
constituent risks imprisonment, legal harassment and confiscation of his
wages and property if he dares resist these tyrannical administrative
and law enforcement agencies.
The elected
Representative, through his staff, simply contacted one of the offending
agencies and sent an undocumented, unverified, anonymously authored
document (purportedly) from that agency (IRS) to the constituent.
This response stands as a
saddening display of the absolute failure of the nation's system of checks and
balances.
PENNSYLVANIA
Senator Rick Santorum responded to
his constituent Mark Pastir. He wrote, "I understand your concerns of
over-taxation on the working middle class. Throughout my tenure in
Congress, I have strongly supported legislation which would provide tax
relief to working families. I supported the 1997 Taxpayer Relief
Act…During the 106th Congress, I supported many pieces of
legislation which would provide relief to working individuals and
families…In 2001, Congress passed and President Bush signed into law
H.R. 1836, the Economic Growth and Tax Relief Reconciliation Act…Please
consider the following I gathered directly from the United States
Treasury Department. I hope these points adequately respond to your
concerns:
- The United States Constitution, Article 1,
Section 8, Clause 1, states …
- The Sixteenth Amendment to the Constitution,
ratified on February 3, 1913, states…
- Congress used the power granted by the
Sixteenth Amendment of the Constitution and made laws requiring all
individuals to pay taxes.
- Congress has delegated to the Internal
Revenue Service (IRS) the responsibility of administering and
enforcing these laws known as the Internal Revenue Code. Congress
enacts the laws and IRS enforces them.
- Courts have historically held there are no
Constitutional or legal grounds for noncompliance with filing tax
returns or paying taxes as prescribed by law.
- The term "voluntary compliance" means that
each of us is responsible for filing a tax return when required and
for determining and paying the correct amount of tax.
- Failing to file required returns and failing
to pay taxes may result in criminal prosecutions and/or civil
penalties.
- While taxpayers have the right to contest
their tax liabilities in the courts, taxpayers do not have the right
to violate and disobey tax laws.
"You may be interested in the following information
from the Treasury Department which responds to a variety of false and
misleading arguments for seeking to justify willful noncompliance with
tax law…You may also wish to visit the following IRS website to learn
more about objections to the federal tax laws:
http://www.irs.gov/pub/irs-utl/friv_tax.pdf."
Click
here to read Santorum's response.
Ed. Note: Senator Santorum
is just one of the legions of representatives who seem to have
abandoned their states, their districts and this Constitutional Republic
to take up permanent residence in the "Twilight Zone." His 4-page
response letter stands as evidence that Rep. Santorum apparently
believes that the number of words written is
directly proportional to the amount of truth rendered.
Although Santorum's
understanding of such matters would increase dramatically if he actually
reviewed the legal exhibits and video testimony from the
Truth-in-Taxation Hearing, several of his assertions should be addressed
forthwith:
#2 – Even if
one ignores
all the states that violated their state constitutions, all the
amendment bills in which words were changed, added or deleted, all the
states that did not provide proper certification of their votes, the
deliberate misrecording of Kentucky's vote (which actually voted
22-9 against the Amendment) and the fact that the Secretary of State
Knox knowingly committed fraud, the ratification date of the 16th
Amendment was February 25, 1913, not February 3rd.
#3 – Congress requires
all "individuals" to pay taxes. . . . Question for the Senator: Why does
the legal definition of "individual" in the tax law seem to fail to
mention or clearly reference natural citizens living in the 50 states?
Such detail would certainly clear up some of the questions concerning
exactly who is liable.
#4 – "Congress delegated
to the IRS. . ." This is interesting. Can the Judiciary delegate the
power to conduct trials? Can the President delegate the power to make
treaties?
#5 – "...as prescribed
by law." That is the question d'jeure isn't it? What specific law
actually says these constituents must pay this tax? Why is the IRS and
DOJ allowed to violate the Constitution to collect this tax? Why won't
Senator Santorum help his constituents get answers about this tax?
#6 – "voluntary. . . when
required" – finally – something the People can all agree on.
#8 – "Taxpayers have the
right to contest their tax liabilities in the courts..." They sure do
– right after they exhaust all their "Kafka-esque" IRS administrative
remedies, bureaucratic abuses, unadulterated threats and pay any
contested amount, in full, in advance, before they may file suit on a
contested tax matter. Finally, the citizen is then free to fully experience
the ecstasy of justice, due process and timely appeal provided by
the federal court system.
Sen. Santorum: This
Foundation suggests you take the tour of Independence Hall so you can
begin to remember what this is all about. Your constituents have access
to, and have hand delivered to your office, detailed legal information
about this nation's fraudulent tax system that is irrefutable,
incontrovertible and remains publicly unchallenged by this government.
Your constituents and the
People of this nation will no longer tolerate the propaganda and
half-truths endlessly spewed out by IRS, Treasury, DOJ and our elected
representatives. Your constituents know better. You know better.
Somebody in Washington had better do something about this soon.
KENTUCKY
Representative Ron Lewis responded to his
constituent Nathaniel Mosley. He wrote, "I have reviewed your
correspondence regarding your feelings on our country's tax laws…In an
effort to help you understand my position, I have included government
documents with this correspondence that outline the federal government's
position on the issues you have consistently argued…As a member of
Congress I am challenged with making sure our tax code is administered
equitably. I firmly believe these laws have been administered
appropriately in your situation. Furthermore, it is my conviction, when
you made the decision not to file an income tax return, you blatantly
violated the law; therefore, I consider your case to now by (sic) a
legal matter and for this reason, my office will be unable to assist you
in this matter..." Note: Lewis enclosed a copy of the CRS Report for
Congress, "Frequently Asked Questions Concerning the Federal Income
Tax," updated May 7, 2001. Santorum also enclosed a full copy of a
section from the DOJ Prosecution Manual, Section 40.00 TAX PROTESTORS.
Click here
to read Lewis' response.
Ed. Note: Rep. Lewis, who
is on the Ways and Means committee, is
correct – these are criminal matters – but not for his
constituent. Although this constituent must certainly be grateful for
the materials excerpted from the DOJ's prosecution manual for tax
protestors, Rep. Lewis is the one who should be charged with failure to
execute his duties as explicitly required by his oath of office and the
Constitution.
Rep. Lewis states that he
is charged with "making sure our tax code is administered equitably" –
apparently notwithstanding property seizures, peonage, gross violations
of due process rights, trial by jury, the constitutional amending
process, protections against self-incrimination and other unalienable rights
that the Rep.
would have the People believe must be, unfortunately, sacrificed in
order to administer
this tax.
Rep. Lewis has had hand
delivered to his Capitol office the evidence from the tax Hearing, from
which any reasonable person may conclude that this nation faces a very
significant problem. As was so eloquently articulated in the movie Cool
Hand Luke, "What we have here is a failure to communicate." The
People also have a failure by Congress to respond to a proper petition
for redress of grievances, as required by the 1st Amendment to the
Constitution.
It is time for Rep. Lewis
and the Ways and Means Committee to do their Constitutional duty.
Millions know the truth. Millions are not paying. The problem is growing
– not shrinking. Their continued propaganda, prosecutions and disregard
for the Constitution will not make the 537 questions or the sovereign
People of this nation go away.
NEW HAMPSHIRE
Senator Judd Gregg responded to his constituent Robert Seaman. He wrote,
"Thank you for passing along your opinions and concerns regarding the
United States tax code…As you know, Congressman Roscoe Bartlett (R-MD)
hosted a Congressional hearing with regard to the Internal Revenue
Service's jurisdiction and the enforcement of the federal income tax.
This hearing took place on February 27-28, 2002 at the Rayburn House
Office Building…I believe that it is incumbent upon Congress to take a
long, hard look at reforming our nation's tax policy to try to find a
way to simplify and streamline the process, and I am willing to consider
pertinent revisions." Click here
to read Gregg's response.
Ed. Note: The People don't know
whether to laugh with, or cry for Senator Gregg. He seems ignorant of
the fact that his constituent's letter was actually delivered with the
record of the Hearing to the Senator. It is no small part of this
historical controversy that Congressman Bartlett canceled the
government's participation in the hearing in mid-January.
Even if the
Senator's letter is a quaint attempt at black humor in the guise of
constituent service, hopefully the last laugh will not be on his
grandchildren or his constituents' grandchildren.
This nation faces a
growing crisis involving the central tenets of its Constitution
and the freedom of its sovereign People.
A
Quote to Remember: |
"In every stage of these Oppressions We have
Petitioned for Redress in the most humble terms: Our repeated
Petitions have been answered only by repeated injury. A Prince whose
character is thus marked by every act which may define a Tyrant, is
unfit to be the ruler of a free people." -- The unanimous Declaration of the thirteen
united
States of America
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Click here to
get a copy of the Truth-in-Taxation Hearing on CD-ROM or VHS. The 4-disk set contains 14 hrs.of video, 450 legal exhibits, 537 questions
and a certified transcript which can all be used simultaneously.
Click here to see a few short video previews. CD-ROM sets
are now shipping! |
|
Click here
to view again the summary of the
Hearing's conclusions of law – a summary which is contained in the
CD-ROMs. |
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Click here
to review a sample of the constituents' letter delivered to every
Congressmen on April 15th. |
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