FACT 24. THE I.R.S. CODE APPLIES (Cont'd)
Fri Mar 9, 2007 17:34
 

FACT 24. THE I.R.S. CODE APPLIES TO "TAXPAYERS" ONLY (those who are "made liable" for a tax by a statute). This fact has been clearly stated through the years in many court decisions Including Long v. Reassumes, 281 F. 236 (1922), Stuart v. Chinese Chamber of Commerce of Phoenix, 168 F.2d 712 (1948), First National Bank of Emlenton, Pa. v. U. S., 161 F. Supp. 847 (1958), Botta v. Scanlon, 288 F.2d 509 (1961), & Economy Plumbing v. U.S., 470 F.2d 589 (1972) "Taxpayer" (one word not two), is a legal term defined in I.R.S. Code Sec 7701 (a) (14) which states: The term "taxpayer" means any person subject to any Internal revenue tax. For a person to be subject to a tax, there must be a provision in the law stating clearly that his activity makes him "liable" for the tax. Paying a tax such as a sales tax or real estate tax does not place one in the legal status of "taxpayer" as that term is used in the I R Code.

FACT 25. THE TERMS "TAXABLE INCOME" AND "TAXABLE YEAR" APPLY TO "TAXPAYERS" ONLY. These terms, defined in I.R.S. Code Sec. 441 (a) & (b), apply to "taxpayers" only, & to those who file returns, thus stating (in effect) under penalty of perjury, that they are "taxpayers". Also, "Taxable year" is a key legal term in Sec. 6012(a)(1), a section that the I.R.S. cites when claiming that individuals are required to file income tax returns. Since a withholding agent is the only person in the I.R.S. Code "made liable" for payment of income, he is the only individual in the legal status of "taxpayer" in respect to "income tax" thus a withholding agent is the only one who has a "taxable year" under Sec.6012 (a)(1).

FACT 26. CERTAIN "PERSON(S)" ONLY ARE SUBJECT TO CRIMINAL PENALTIES Those "person(s)" who are subject to the criminal penalties in the Code are defined & limited by I.R.S. Code Sec. 7343 to those required to act on behalf of a corporation or partnership. Sec. 7343 states: The term person' as used in this chapter includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs. When an individual is not in such a capacity, his prosecution under the Code is illegal.

FACT 27. KARL MARX WROTE IN HIS COMMUNIST MANIFESTO 10 PLANKS NEEDED TO CREATE A COMMUNIST STATE. THE FIRST PLANK WAS THE ABOLITION OF THE RIGHT TO OWN PROPERTY. THE SECOND PLANK WAS A PROGRESSIVE INCOME TAX. If the government could legally tax citizens' earnings, government would then have first claim on those earnings (his property). His circumstances would be like the slave who is allowed to have only that which is left after the master takes whatever he wants.

CONCLUSION It is morally wrong for the government to intimidate & deceive the people into believing that they must pay an "income" tax that is forbidden by the U.S. Constitution to be imposed on the general public. Officials who are notified, or become aware of the IRS's illegal action to force ordinary citizens to pay an "income" tax, who then do nothing to stop it, violate their oaths of office to uphold & enforce the Constitution. (Facts 5 & 6)

Might does not make right! When right is wrong , change is past due!

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http://www.apfn.org/apfn/irstax.htm

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