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May 2, 2008 at 06:43:30

Alert Congress: Labor taxes are illegal

by Susan Allen

http://www.opednews.com

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Alert Congress: Labor taxes are illegal May 1, 2008

Dear (Senator/Representative) _______________

In accordance with U.S. Code, Title 26, Section 7701 (a) (16) taxes are for foreigners not U.S. citizens.

The Internal Revenue Manual, Part 20. Chapter 1. Section 3, states:2. No estimated tax penalty will be imposed on taxpayers if for any tax year: ...2. They were a citizen or resident of the United States throughout the preceding tax year, and 3. The preceding tax year was a 12-month year.3. The exception in (2) above is available for individuals, estates, and trusts even if the prior year return shows a liability for tax. http://www.irs.gov/irm/part20/ch01s04.html 20.1.3.2.1 (09-12-2006) Determining the Required Annual Payment Under, 6654 (e) (2), the Internal Revenue Manual, Part 20. Penalty and Interest Chapter 1. Penalty Handbook Section 3. Estimated Tax Penalties

Employers, not employees are required to pay taxes. In 1916, the Supreme Court decision, delivered by Chief Justice White states, "collecting the tax at the source...makes it the duty of corporations, etc. to retain and pay the sum of the tax...". in reference "...,with the income tax provisions of the tariff act of October 3, 1913." Brushaber v. Union Pacific R.R. Co, 240 U.S. 1, 9 (1916)

Title 26, Section 7701 (a) (16)

Withholding agent. The term ''withholding agent'' means any person required to deduct and withhold any tax under the provisions of sections 1441, 1442, 1443, or 1461. § 1441. Withholding of tax on nonresident aliens U.S. Tax Code Foreign Tax only§ 1442. Withholding of tax on foreign corporations§ 1443. Foreign tax-exempt organizations§ 1461. Liability for withheld tax

The IRS clearly makes a distinction between U.S. Citizens, Resident Aliens, and "Individuals."

For example: IRS Form 2555 says "for use by U.S. Citizens and Resident Aliens only: click here size="3"> IRS Form 1040 says, "U.5. Individual Income Tax Return." The use of the word, "Individual," means this form is not meant for U.S. Citizens and Resident Aliens.

http://www.irs.gov/pub/irs-pdf/f1040.pdf

Therefore, please alert your constituents that they do not have to pay income taxes if they lived in the U.S. during the proceeding year.Sincerely,Susan F. Allen, M.Ed.

 

Take action -- click here to contact your local newspaper or congress people:
Alert Congress: Labor taxes are illegal

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My commitment to uphold our civil rights and defeat the "War on Freedom" inspires me to work collaboratively with people, activists groups and communities. I'm a Legal Advocate, M.Ed. University of Michigan. My interest is to bridge diverse ideas, create consensus and build community with respect for the integrity and goals of its members. Community Matters I'm a member of several organizations including: League of Women Voters, Democratic Town Committee, Brookline Access Television, Peaceworks, SPED PAC and Citizens for Equal Opportunity. I produced Brookline Cable News on Brookline Access Television from 1996 to 1998.

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Songwriter/Producer, Legal Researcher with over 40,000+ hours in the branches of Banking & Finance, Commercial Law, Constitutional law, Civil Law, and Administrative Law.
Angelo TrotterSongwriter/Producer, Legal Researcher with over 40,000+ hours in the branches of Banking & Finance, Commercial Law, Constitutional law, Civil Law, and Administrative Law.

Re: Alert Congress. . . Just Follow the Instructions

How about just suggesting everyone "read and follow the instructions" of the IRS 1040 Instruction Publication.

On page 10 of the 2007 i1040 instruction publication, referencing page 18 as the page for instructions on what information is to be entered on Line 7, it says in plain English, and I quote verbatim, in relevant part:

(Heading) "Income;

(sub-heading) "Foreign-Source Income;

(text) "You must report unearned income, such as interest, dividends, and pensions, from sources outside the United States unless exempt by law or tax treaty. You must also report earned income, such as wages and tips, from sources outside the United States."

Of course this is stated for "informational purposes ONLY," and is not to be construed as legal advice. And of course reliance on this information for one's actions is done solely at the risk of the one doing so. It is encouraged that one seeks advice from "competent" legal counsel.

by Angelo Trotter (0 articles, 0 quicklinks, 0 diaries, 6 comments) on Friday, May 2, 2008 at 12:53:00 PM
 

 

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