Dear We The People-Taxes
Document #: 188.8.131.52 .17 of 38
Dear We The People-Taxes.
USA Today "Newspaper", 16 February 2001, Friday. Page 11A.
"Dear We The People,
Q: What do these three people have in common? [shows pictures of Joseph
Banister*, Sherry Jackson, & John Turner].
A: All are Ex-IRS Agents who have resigned their positions and joined a
growing number of former and present IRS Officers, Attorneys, Certified
Public Accountants, and Retired Judges who believe and assert that:
1...There is NO LAW that requires most Americans to file a tax return, pay
the federal income tax nor have the tax withheld from their earnings.
2...In 1913, the 16th Amendment (the "income tax" Amendment) was
fraudulently illegally declared to be ratified by a lame-duck Secretary of
State days before leaving office. [see the doc on the 16th amendment by CLM
3...Also in 1913, Congress created the Federal Reserve System, a banking
cartel organized by the largest private banks in the country. By 1933, the
FRS had been granted the power to:
>Fabricate money out of thin air.
>Charge interest to the Government for the use of the Fed's currency.
>Receive taxes to pay the interest on the debt created therefrom, to be
paid with the American people's Gold and Silver.
[This is all in clear violation of the U. S. Constitution.]
[NOTE: Most people do not know that the "Fed" is a privately owned
corporation functioning as a central bank. Nor do they know that the
monetary policies of the FRS (i.e.,, its foreign exchange and domestic open
market operations) have never been fully audited.]
4...Those who file a Form 1040 "voluntarily" waive their 5th Amendment
right not to bear witness against themselves.
5...The IRS routinely violates citizens' 4th Amendment rights against
illegal search and seizure without a warrant issued by a court upon probable
cause and supported by oath or affirmation. IRS levies and seizures are
unenforceable because the IRS is UNABLE AND UNWILLING to swear under oath
that a law has been broken or that there is probable cause of a violation.
6...The IRS, as standard operating procedure, routinely violates citizens'
due process rights in its administrative procedures and operates far outside
the law. The courts cannot be relied upon to strike down such actions.
We will soon begin a series of full-page messages in the Friday edition of
USA Today and the weekly edition of The Washington Times, which is published
Our effort is called "Project Toto." Just as the little dog in the Wizard
of Oz pulls the curtain back and exposes the truth about the Wizard, our
series is intended to inform and educate many millions of citizens about the
documentary that reveals the facts about the limited nature of the federal
income tax. The factual evidence is taken from federal income tax laws,
federal regulations, the IRS employees' Manual, various government
documents, letters, and publications and U. S. Court Decisions.
Citizens will be able to see for themselves how the operations of the IRS,
the federal income tax system, and the Federal Reserve dramatically exceed
what is authorized by the Constitution, laws, and regulations. People will
be able to understand how and why the system has been deliberately designed
to deceive, confuse, and intimidate. Many citizens will find this material
disturbing and difficult to believe-at first- because it indicates the
income tax system is founded upon fraud and operates as a giant hoax. We
will come to learn how inflation was made possible and our currency debased
when the government legalized the Federal Reserve to issue our money out of
thin air, without the backing of precious metals [or as I have indicated in
several of my documents, our money is not backed by gold, silver, or even
nuclear waste, nothing] (as dictated specifically by the Constitution).
We invite you to examine the evidence critically, seek out the references,
and become students of this subject along with us. Soon you will begin to
demand answers to the questions that have been raised-answers that have not
been forthcoming from our government or our "free" [emph added] press.
>Ask your lawyer to disprove our assertions.
>Ask your lawyer why he was never taught these things in law school.
>Ask your CPA to show you exactly how you are liable to pay the income
>Ask your tax preparer if they have ever looked at these regulations.
>Ask your employer how it can take your wages without a Court Order.
>Ask your school why they allow the IRS to teach our children to fill out
>Ask your newspapers why they have never investigated the specifics of
these claims as our fellow citizens have been prosecuted in our courts.
>Ask the IRS to show you what law requires you to file a federal income
And finally, ask your spouse-your friends-and your neighbors-if this is all
TRUE, under what authority has the IRS used the power it has wielded against
the American people, if that authority was not given to it by our
Constitution, our Congress and the Secretary of the Treasury?
If we are to be a nation of laws, justice, and due process, we cannot have
a tax system or government that operates in violation of its own laws and
the People's Constitution. We cannot allow the IRS to seize the property of
its citizens, ruin them financially, harm their families, and induce fear in
their hearts-while refusing to show proof of authority. This is exactly the
kind of behavior the Constitution and the Bill of Rights were intended to
prevent. [The "bill of rights" consists of the first 10 amendments to the
We must demand the truth about the Federal Reserve and the tax laws, and
that the IRS heed obedience to the tax code, and the well established
principles of due process. We must then insist that the courts address the
issues abased on the merits and the legal evidence. All relevant evidence
that a defendant wishes to present or that a jury wants to see (including
the law itself) should be allowed and produced for examination.
We will continue to invite expert representatives of our government to
participate in conferences, debates, and symposiums to answer the questions
and allegations raised by tax researchers across this land who have
concluded that the IRS routinely operates beyond the authority of the law.
CONTINUAL EVASION OF THE ALLEGATIONS MUST BE SEEN AS AN ADMISSION THAT THE
ALLEGATIONS ARE CORRECT.
Did you know that a bill has been introduced in the House of
Representatives to abolish the Board of Governors of the Federal Reserve
System, each Federal Reserve Bank, and repeal of the Federal Reserve Act
[Rep Ron Paul, HR 1148, 106th Congress, Ph: 202-225-2831, Fax: 202-226-4871,
needs to be prodded to reintroduce a new bill ASAP in this congress. CLM]
Did you know that on April 13, 2000, the House of Representatives voted
overwhelmingly to abolish the individual income tax? [wonder what happened
to it in the Senate?]
In our upcoming series, we will present more details of researchers'
findings and allegations, such as those briefly outlined below. More tax
code references and legal citations will be provided in those messages. We
want the government to answer the questions raised by these allegations,
clearly and unambiguously.
STATUARY AUTHORITY, JURISDICTION, AND LIABILITY.
The Code sections that the IRS cites as their authority to tax virtually
everyone's income (Sections 1, 6001, 6011, and 6012) do not say that
everyone is liable for the income tax-only that one must file a return IF
one is liable.
For Americans, including the self-employed, the only tax from authorized
under the sections referred to above is For 2555, titled "Foreign Earned
Income", not Form 1040 as Americans have been led to believe.
The only Code sections that establish liability for the income tax or the
withholding of it refer to nonresident aliens, foreign corporations, and
their withholding agents, who are required to file a 1040 return (26 USC
sections 7701, 1441, 1442, 1443, and 1461).
Internal Revenue employees were instructed long ago by the Treasury
Secretary that Form 1040 was for the above purpose; it was never intended by
law to be used for U. S. Citizens who earn their income within the 50 states
and whose income is not by law subject to the income tax.
Wages of most citizens have never been intended by law to be subject to the
income tax. Earlier editions of the Code made it much clearer that wages
and salaries were not gross income. Successive editions of the Code, while
saying the application of the law has not changed, have been gradually and
cleverly modified by the legislative attorneys who codify the law, e.g., by
reorganizing sections sot that their numbers change, then deleting footnotes
and references to make it difficult to trace the law back to corresponding
sections in earlier versions.
Code section 6020(b), that the IRS invokes when it assesses income tax on
individuals who have not filed a Form 1040, does not authorize them to
assess income tax on individuals.
Wages of most Americans are not, by law, subject to the income tax.
Although wages are income, they do not meet the formal legal definition for
inclusion as "Gross Income" from which the tax is calculated.
Delegation Orders from the IRS Commissioner to IRS employees, which
authorizes them to prepare and sign tax returns for persons who are required
to file, but did not, do not include Forms 1040 or 2555 on the list of
The Internal Revenue Manual says that IRS criminal investigators are
authorized to enforce criminal statutes applicable to taxes for U. S.
citizens residing in foreign countries and non-resident aliens subject to
federal income tax filing requirements. There is no mention of citizens
living and earning their money in the U. S. Why not?
The Manual says the Criminal Investigation Division is under the direction
of the international branch of the IRS, headed by the Assistant Commissioner
International. Again, there is no discernible authority to investigate
Americans who live and earn their money in the 50 states. Again, why not?
The regulations implementing the statutes governing tax liens and levies
are under the jurisdiction of the Bureau of Alcohol, Tobacco and Firearms,
not the Internal Revenue Service.
IRS revenue officers are authorized by law to conduct only civil
enforcement under Subtitle E (pertaining to alcohol, tobacco, and firearms
taxes), not under Subtitle A (income taxes). No one can show anywhere in the
Code, nor has it ever been published in the Federal Register, where revenue
officers are authorized to investigate alleged income tax liabilities of
citizens who live and earn money within the 50 states. Why not? Letters send
by revenue officers concerning 1040 returns are without authority of the
There is no law that Americans must have a social security number. An
employer who is participating in the social security program is required to
give a W-4 to each worker, but is not required to get it back, and the
worker is not required to fill it out and give it back, unless the worker
wants to participate in social security. Absent a W-4, an employer is not
authorized by law to take money out of a worker's pay for employment taxes.
An increasing number of employers have, in accordance with the law, stopped
withholding income and employment taxes from the money they pay their
According to Sections 1.1441-5 of the Code of Federal Regulations and IRS
instructions (Publication #515), if a worker submits, in duplicate, a
statement of U. S. Citizenship (a simple letter will do) the
employer/withholding agent is relieved of duty to withhold taxes from money
paid to the worker. The withholding agent, no matter where located, then is
to send one copy of the statement to the IRS Philadelphia Service Center
(not to their own regional center); Philadelphia is the International
Service Center, and withholding only applies to aliens or foreign income.
IRS officials typically cannot swear that income tax is due in order to get
a court warrant, as per the 4th amendment of the Constitution.
As an indication of how much confusion there is about legal aspects of the
income tax, the highest courts in the land cannot make up their collective
mind on a point as basic as whether it is a direct tax or an indirect tax
(those being the two classes of taxes established by the Constitution). The
U. S. Supreme Court ruled early on that the income tax was in the nature of
an excise tax, which would make it indirect. However 11 federal circuit
appeals courts have ruled it to be a direct tax, in open defiance or
rebellion against the Supreme Court, and those rulings have never been
We will present messages dealing with a number of other topics related to
the income tax. For example:
>We'll tell about the fraudulent ratification of the 16th amendment in 1913
at the 11th hour of the Taft administration. We'll review some of the
background and characters involved, some of the errors that were made, and
how dogged research by one courageous American revealed what really
>We'll look at the murky, secret origins of the Federal Reserve System and
its establishment as a banking cartel in 1913 after the income tax amendment
was certified. We'll describe how it was billed as a banking reform
measure, but was written by the very interests it was supposedly intended to
reform. We'll discuss its ostensible objectives for public consumption, its
actual true objectives, and how well each set of objectives has been
achieved. We'll review some reasons why a growing number of people feel the
Fed should be abolished. We'll look at how the Framers envisioned our
monetary system, how that has been changed into a system of infinite debt,
and how the dollar has been debased by the creation of fiat money.
>We'll dust off the concept of juries as a powerful tool of We The People
to control abuses by government against its citizens. We'll tell you what
many judges and prosecutors do not want citizens to know about their duty
and rights as members of a jury. We'll tell you about jury nullification
and how one jury acquitted a defendant based on lack of statutory evidence
that there was any requiring him to file an income tax return when neither
the judge nor the prosecutor could produce it.
* Joe Banister was an IRS Criminal Investigation Division (IRS-CID) Special
Agent, a gun-carrying law enforcement officer, fraud investigator, and CPA,
who was "encouraged" to resign two years ago after confronting his superiors
with the results of his own two-year investigation into claims made by tax
researchers about the above allegations. Mr Banister concluded that the tax
researchers were CORRECT, and that the IRS has, in fact, been deceiving the
American public and exceeding its constitutional and statutory authority.
You can read his 95 page report at www.freedomabovefortune.com.
DISCLAIMER.......This message is presented solely for educational and
informational purposes. It is not intended and should not be construed as
legal advice. We The People Foundation does not advocate disobedience to any
laws and does not advise or recommend the non-filing of any return or
non-payment of any tax for which any person is legally liable. For legal
advice, consult your attorney. End of Disclaimer.
Recently, the New York Times seems to have taken on the role of cheerleader
for the IRS. Their reporter, David Cay Johnston, spent days gathering
information about tax researchers' findings and allegations, but his two
stories and The Times editorial on the subject reported virtually nothing of
the researchers' findings.
Instead employers who have stopped withholding, clearly in accord with the
law, were labeled by The Times as "tax cheats" and the researchers' findings
described as "bizarre," even though they were well documented and simply
quote the tax laws.
The Times did not present a single rebuttal to any of our findings. The IRS
did not specifically rebut any of the legal assertions.
The paper quotes IRS Deputy Commissioner Dale Hart as saying that the
employers are scamming their workers, and that the IRS will pursue the
workers unless they send in the taxes that should have been withheld from
their paychecks. This statement seems oddly conditional in light of the
research, which alleges that there is no obligation to withhold. In that
case, the pursuit and penalties shouldn't amount to much-approximately zero,
according to law. Ms Hart is quoted as saying that the employer's legal
rationale is frivolous, has no legal authority, and has been thoroughly
rejected by the courts. The employers, of course, do not see their argument
as frivolous, and are unaware of any court case that has addressed or
The Times quotes Mr Mark Matthews, chief of the IRS Criminal Investigation
Division, as saying that some of the business owners will be prosecuted for
tax evasion and other crimes. Since the Internal Revenue Manual says the
authorization fo the CID is to enforce criminal statutes applicable to U. S.
Citizens residing in foreign countries and nonresident aliens subject to the
federal income tax, it raises the question of just what violations they'll
be trying to enforce.
We would like to take this opportunity to confirm or invitation to Ms Hart
and Mr Matthews to attend our conference being held in Arlington, VA on
Saturday, February 17, at the Hilton Crystal City. They are free to comment
upon our allegations and to explain their positions to the group assembled,
OR to attend long enough to at least tell us when the experts at the IRS
would be available to meet with our tax researchers in a public forum.
It is important to note that we have previously invited IRS and other
government agency officials to attend our last four conferences held at the
National Press Club over the past 19 months, but none have given us the
courtesy of even responding to our invitations. SHOW US THE LAW!"
" YOU CAN HELP THE CAUSE! YOU CAN HELP MAKE PROJECT TOTO A SUCCESS. TO
FIND OUT HOW YOU CAN HELP GO TO OUR WEB SITE AT www.givemeliberty.org, or
fax us at (518 656-9724 or call us at (518) 656-3578. Out e-mail is
firstname.lastname@example.org. For starters, order 500 copies of this ad from WTP for
$50. Jefferson said it best, "when the government fears the people, you have
liberty. When the people fear the government, you have tyranny."
"Sponsored by the "WE The People Foundation for Constitutional Education,
NOTE: I, Chester L McWhorter Sr, do certify that this an exact reproduction
of the article as it appeared in the USA Today Newspaper, page 11A, Friday,
February 16, 2001, except for notes & comments contained with these types
[ ]of brackets, which were added by me, and the pictures were not included
which were with the newspaper page.
March 8, 2001.Mr. Speaker, I will vote today for President Bush's tax cut.
But cutting taxes, income taxes, is not enough. It is time to replace the
income tax with a national retail sales tax. Think about it. Our income Tax
Code rewards dependency, subsidizes illegitimacy,
penalizes work and achievement. Beam me up. It is time to let freedom truly
ring in America. And I ask my colleagues, who can truly be free in America
if the government controls our income and our labor? America should control
their own financial destiny. I yield back the fact that the income tax
levied on all citizens is a Communist idea first proposed by Karl Marx and
now practiced in the United States of America. Rep. Jim Traficant (D-OH)
[NOW you can see why the Socialist Democrats had to get rid of Rep
NOTE # 2: This is the SEVENTEENTH doc in a string of about 38 regarding
the Income Tax, How it was illegally forced upon us, the collusion of
various nation banks, including The Bank of England, the Banks of Europe,
the Banks of the USA that make up the Non-Government organization known as
the Fed and the bankers themselves dedicated to making this a Socialist
Nation. As David Rockefeller reportedly said in 1973 when he and others
formed the Trilateral Commission, "We will have this a Socialist Nation by
the end of the year 2000." Well, with the help of our past Communist
President, he damned well nearly did it. If Comrade Gore had been elected,
it would be now! The last doc in this series is a plan that was presented to
President Bush when he visited Florida recently. It was put directly into
his hands. He has not acted upon it. We The People must initiate a campaign
of letters, faxes, e-mails, and phone calls to him and others in our
otherwise corrupt government letting them know of our displeasure. For God
and Country, Chet.
NOTE #3: [ Should you wish to be removed from my mailing list, please
send a message with the word remove in the subject line. If you got this
from a mail list, such as email@example.com or something like that,
then it is up to the moderator or owner of the list to remove my access
based upon complaints of my material, abuse, or removal of your access if
you request it. ] Should you wish a copy of a numbered message
(this is the 17th one) that you may have missed, please e-mail me off net
for a copy of it and I will be very happy to provide it. Chet.
You may forward this to every member of Congress by using a Mail Blaster
application available on the Internet as follows:
Step 1. Access your web browser. Step 2. Type in the search block:
Step 3. Click on Send Batch E-Mail which is on the left end of the
Step 4. Type in your E-mail Address. Step 5. Click on Subject: Type in
the subject of your document.
Step 6. Click on Message: Now here you can type in your message or you can
paste a previously copied file here. You can also edit your message after
you finish with the message and before sending it.
Step 7. Then click on select a file. Here you may click on:
demhouse.txt (Socialist Democrat House Members) or,
democsen.txt (Socialist Democrats Senate Members) or,
newsorg.txt (Many of the "anchor" news folks have their email address here
for you to use) or,
rephouse.txt (Republican House of Representatives Members) or,
repubsen.txt (Republican Senate Members) or,
senators.txt (All Senators).
Step 8. After selecting the group to receive your message then click on
send batch. It will go to everyone listed in the batch.
Remember: Nothing beats a letter AND a phone call.
Forwarded by: Chester L McWhorter Sr, c/o 504 N. Brighton Rd, Lecanto,
Occupied Florida. 34461. Ph: 352-344-9073. Fax: Same. E-mail:
17 of 38.........184.108.40.206 End.
"Beware the leader who bangs the drums of war in order to whip the
citizenry into a patriotic fervor, for patriotism is indeed a double-edged
sword. It both emboldens the blood, just it narrows the mind. And when the
drums of war have reached a fever pitch and the blood boils with hate and
the mind has closed, the leader will have no need in seizing the rights of
the citizenry. Rather, the citizenry, infused with fear and blinded by
partiotism, will offer up all of their rights unto the leader and gladly so.
How do I know? For this is what I have done. And I am Caesar."--Julius
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