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OpEdNews Op Eds    H3'ed 10/28/16

What is an "income" tax and where did it come from? NOT the 16th Amendment!

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If lower court cases cannot be used "against" others, and used only "for the taxpayer and years litigated," then certainly such cases cannot be used against you or me, and only evidence provided in any given case can be adjudicated. The number of U.S. Supreme Court cases cited, and their clear lack of ambiguity, and their precise definition of "income" is certainly foundation for proving the IRS is wrong.

One last question... "What law makes you a "taxpayer" as compared to a "nontaxpayer?" Filing your 1040 form is what makes you a taxpayer...

"The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to nontaxpayers. The latter are without their scope. No procedure is prescribed for nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws. . ."; Long v. Rasmussen, 281 F. 236 (1922).

". . . [P]ersons who are not taxpayers are not within the system and can not benefit by following the procedures prescribed for taxpayers . . ." Economy Plumbing & Heating v. U.S., 470 F2d. 585 (1972).

Why do you think we always hear the mantra of "taxpayers" in regard to government expenses and tax burdens? They want us to believe that everyone is an "income" taxpayer. The "income" tax prior to the 16th Amendment was always a tax on federal privilege and was, (and still is) an "excise" tax. Most Americans living in one of the states of the United States, with wages, salary or compensation for services, and were never subject to such a tax. It was not equated to "income" prior to the 16th Amendment, so wages can hardly be suddenly made to be something that never was called "income", and certainly cannot be applied to whatever the IRS wants to call "income."

So, what exactly DID the 16th Amendment do? It stems back to the error of the Pollock U.S. Supreme Court case which embraced an argument that when applied to excisable "gains" (profit or income) realized in the form of dividends and rent, the "income" tax was transformed into a property tax on the personal property sources (stock and real estate) from which the gains were derived, and became a "direct" tax that needed to be apportioned. This was unconstitutional. (Pollock v. Farmer's Loan & Trust, 157 U.S. 429, and 158 U.S. 601, (both 1895).

So, back to the 16th Amendment and what it states...

"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."

Notice it merely clarifies that "incomes" (gain or profit) from whatever source "derived" was subject to a tax. It does not define "income". The 16th Amendment says the Pollock court's conclusion was wrong (or, in any event, is overruled). The 16th Amendment provides that Congress can continue to apply the income tax to gain or profit that qualifies as "income" (that is, the subclass of receipts that had always been subject to the "income" excise tax due to being the product of an exercise of privilege) without being made to treat the tax as direct and needing apportionment when applied to dividends and rent by virtue of judicial consideration of the source. The 16th Amendment merely says that privileged gains can't escape the tax by resorting to Pollock's "source" argument.

OK, now you probably have questions that many often raise, especially the government wining... on how the government can't operate without taxing your wages every week or month. The answers are simple, but devious. You are not going to like the truth. Notice what someone in the "know" stated about this fraud...

"It is well enough that the people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning." Henry Ford

Government does not want you to understand the financial system, because it would upset its tyrannical hold on us all. Are you ready for this? The taxes on your wages do not pay for a single government service. Hard to believe? Do a simple search for "Grace Commission Report" (or click here) and you can locate a government document that was commissioned by President Ronald Reagan to discover exactly where American's taxes went. The jest of the report showed that every penny of the taxes on your wages taken from you goes to pay ONLY the interest on the "national debt."

Now, this opens another can of worms for the government if we are actually thinking things through, even a little bit. Consider; Where did all the trillions of dollars come from that went toward the wars being waged in the middle east, the trillions for corporate bailouts, and the trillions for all the bank bailouts? This is estimated to be between 16 trillion and 45 trillion. Did this come from taxes YOU paid? NO! It came from the same place all other money does that government wants to spend but not let the American people know about it... it comes out of nothing... printed on paper, or digitized into existence in an account, all by the Federal Reserve, (or it is "borrowed" from elsewhere with you and me or our kid's future taxes as collateral toward that fraudulent debt).

This little "trick" (better known as a scam and fraud) come to be in... 1913... The SAME year the 16th Amendment was allegedly ratified to "create" a tax on your wages. The Federal Reserve (Fed) is a mostly private banking cartel whose bank members and wealthy families of the world own stock in, but which you or I cannot own. It is a money tree whereby the Fed prints whatever the U.S. Government wants, and then charges We, the People, interest for this money from nothing.

"If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks...will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.... The issuing power should be taken from the banks and restored to the people, to whom it properly belongs... The modern theory of the perpetuation of debt has drenched the earth with blood and crushed its inhabitants under burdens ever accumulating." - Thomas Jefferson

Pretty neat scam, right? Well, the government was in on this because it wanted to be able to spend whatever it wants and charge it to you, and me, and our kids, for generations, but not raise taxes to do so. Raising taxes (which allows for government overgrowth) is unpopular and would have been stifled by Americans. This is the main reason our government is completely out of control and far larger than Constitutional parameters authorize. However, government bureaucrats/politicians knew full well that Americans would begin to question where all the money was coming from to pay for government projects without raising taxes to do so.

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Jeff Maehr has been in the health and wellness field for 43 years. Over the last 14, he has been thrust into the political and constitutional law and liberty arena, and is very active in educating others (and himself) in the growing database of (more...)
 
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What is an "income" tax and where did it come from? NOT the 16th Amendment!

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