William Michael, Kemp, Sui Juris c/o General Delivery Gadsden, Alabama state non-domestic zip code exempt In Propria Persona All Rights Reserved Without Prejudice DISTRICT COURT OF THE UNITED STATES NORTHERN JUDICIAL DISTRICT OF ALABAMA MIDDLE DIVISION STATE OF ALABAMA [sic] ) Case No. #CV-97-H-0022-M ) Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS ) v. ) MEMORANDUM OF POINTS AND ) AUTHORITIES PROVING WILLIAM MICHAEL KEMP [sic], ) THE VOLUNTARY NATURE OF ) FEDERAL INCOME TAXES Defendant [sic] ) (incorporating all attached _____________________________) exhibits by reference) COMES NOW William Michael, Kemp, Sui Juris, Citizen of Alabama state, expressly not a citizen of the United States ("federal citizen"), and Defendant in the above entitled action (hereinafter "Defendant"), to provide formal Notice to all interested party(s), and to demand mandatory judicial notice by this honorable Court, pursuant to Rules 201(d), 301, and 302 of the Federal Rules of Evidence, of this, Defendant's MEMORANDUM OF POINTS AND AUTHORITIES PROVING THE VOLUNTARY NATURE OF FEDERAL INCOME TAXES, particularly for all 3 judges who have been properly requested to issue a Warrant of Removal to this honorable District Court of the United States ("DCUS"), and any single judge who may be assigned to preside over preliminaries. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 1 of 11 1. Evans v. Gore, 253 U.S. 245 (1920) is controlling, notwithstanding the so-called 16th Amendment, because said "amendment" never repealed Article III, Section 1. Repeals by implication are not favored, on authority of the Ninth Circuit Court of Appeals. See U.S. v. Hicks, [cite omitted] (9th Cir., 1991). Evans has never been overturned (see Shepard's Citations), notwithstanding a UCLA Law Review article which alleges the contrary. See Vol. 24, No. 2, December 1976, p. 308. 2. The 16th Amendment was effectively demolished by respondent's total silence in People v. Boxer, California Supreme Court, case number S-030016, December 1992. This case was a Petition for Writ of Mandamus compelling Senator-elect Boxer to witness the material evidence which the plaintiffs had assembled against the ratification of that proposal. The California Supreme Court transferred the case to the Court of Appeals, for an advisory opinion; that appellate panel denied the petition, without explanation. However, respondent Boxer fell totally and completely silent in the face of the affidavits of fact filed in that case; those affidavits have now become the truth of the case. Moreover, Boxer's silence is a fraud, pursuant to U. S. v. Tweel, 550 F.2d 297, 299 (1977); and silence activates estoppel, pursuant to Carmine v. Bowen, 64 A. 932 (1906). 3. Title 26, United States Code ("U.S.C."), has never been enacted into positive law. Therefore, Title 1, U.S.C., and Internal Revenue Code ("IRC") section 7851(a)(6)(A) both control; specifically, the provisions of subtitle F have never taken effect. Subtitle F contains all the enforcement provisions of the IRC including, but not limited to, the grant of original jurisdiction to prosecute alleged violations of the IRC. See 26 U.S.C. 7402. There are no regulations for this statute either, thus limiting its application to federal officers, employees, and contract agents of the United States (federal government), pursuant to 44 U.S.C. 1505(a). Title 44, U.S.C., has been enacted into positive law. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 2 of 11 4. As far as the federal income tax is concerned, the only liability statutes anywhere in the IRC (as distinct from Title 26) are found in the provisions for withholding agents [sic]. See IRC 1441, 1442, 1443, 1461, and the statutory definition of "withholding agent" at IRC 7701(a)(16). One does not become a withholding agent until and unless said agent accepts a valid W-4 "Employee's Withholding Allowance Certificate" (allowing withholding). For many reasons like this, the federal income tax is totally voluntary on compensation for services rendered. 5. The regulations at 26 CFR 1.1-1(a) thru (c) are overly broad for imposing liabilities which are not authorized by statute, specifically, on "citizens of the United States" [sic] and on "residents of the United States" [sic]. The doctrine of "implied legislative approval" cannot prevail against all the points supra. See Old Colony R. Co. v. C.I.R., 284 U.S. 552, 557 (1932), for example. Authorities must be expressly enumerated. The U.S. Department of the Treasury was never authorized by any Act of Congress to extend liability for the federal income tax in such an overly broad fashion, as is the case in said regulations. 6. The term "citizen of the United States" has its statutory origin in the 1866 Civil Rights Act, and its constitutional origin in the so-called 14th Amendment [sic], which was never lawfully ratified, rendering section 4 of that alleged amendment null and void ab initio, and permitting federal judges, and all other federal employees, to question the validity of the public debt. See the First Amendment; Dyett v. Turner, 439 P.2d 266 (1968); State v. Phillips, 540 P.2d 936 (1975). Section 4 of the so-called 14th Amendment is one of the least litigated provisions in the entire U.S. Constitution, unlike other sections of that so-called amendment. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 3 of 11 7. The only basis remaining for taxing the compensation of federal judges is the Downes Doctrine, which cannot be extended into the state zone, nor to the judges who preside on federal courts established for the state zone. The Downes Doctrine is obsolete and unconstitutional, because Justice Harlan was correct in his eloquent dissent in Downes v. Bidwell, 182 U.S. 244 (1901), paraphrasing now: the limitations of the Constitution extend to the farthest reaches of the known universe, as far as United States (federal government) employees are concerned. The Downes Doctrine has permitted a serious tear to rip the entire fabric of Our constitutional Republic, as manifested by the controversy now swirling about the proper distinction between the USDC and the DCUS, their respective subject matter(s), and their respective territorial jurisdiction(s). 8. The Downes Doctrine was attacked properly In re Grand Jury Subpoena Served on New Life Health Center Company, USDC, Tucson, Arizona, case number GJ-95-1-6, but United States District Judge John M. Roll exceeded his discretion in that case by failing to rule on numerous proper and timely motions which were before him, including a formal challenge to the constitutionality of the Downes Doctrine. Judge Roll committed over 100 felonies in that one case alone, and a proper judicial complaint has been filed against Judge Roll, pursuant to 28 U.S.C. 372(c). See Ninth Circuit docket number assigned to that complaint, available from the Clerk of the Ninth Circuit in San Francisco, California state. All pleadings, exhibits, and related documents filed in that case are incorporated here by reference, as if set forth fully herein, pursuant to Rule 201(d) of the Federal Rules of Evidence, and the Full Faith and Credit Clause. See Supremacy Clause; Seventh Amendment; FRCP Rule 38. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 4 of 11 9. Title 31, U.S.C., has been enacted into positive law, pursuant to Title 1, U.S.C., but the "Internal Revenue Service" [sic] ("IRS") is not listed in the organizational structure of the U.S. Department of the Treasury. The only mention is an authority for the President to appoint the General Counsel for the "Internal Revenue Service" [sic]. This mention is insufficient to identify the true organizational situs of the "Internal Revenue Service." 10. The "Internal Revenue Service" has now been proven to be an alias for Trust #62, which is domiciled in Puerto Rico under the Federal Alcohol Administration ("FAA"), but the FAA was declared unconstitutional in the year 1935 by the U.S. Supreme Court. The FAA had its historical roots in Prohibition, which was motivated by the goal of monopolizing automotive fuels for the benefit of the petroleum cartel. See the Volstead Act and the attached Affidavit of author Paul Andrew Mitchell, summarizing this motive. See also "The Cooper File." Memo of Points/Authorities, Federal Income Taxes on Judges: Page 5 of 11 11. Taxing the compensation of federal employees creates an unnecessary and deceptive bureaucracy, the primary purpose of which is to skim money from the U.S. Treasury, for the benefit of foreign banks and their alien owners. Congress should advertise the "real" compensation paid to federal employees, and exempt them from filing returns and from paying taxes on an "inflated" salary, only a part of which the federal employee ever sees. For this reason, the Public Salary Tax Act should be repealed, because its deceptive purpose is unconstitutional. 12. The court of original jurisdiction to prosecute violations of the IRC is defined in a statute which is found in subtitle F. See 26 U.S.C. 7402. Subtitle F has never taken effect because Title 26 has never been enacted into positive law. For this reason alone, criminal prosecutions of alleged IRC violations are legally impossible, and they create a massive tort liability for the United States (federal government). See People v. United States et al., DCUS, Billings, Montana state, as a foundation for quantifying the real damages which have already been done by the U.S. Department of Justice to untold numbers of American Citizens (read "Citizens of one of the States United"). 13. All United States (federal government) actions, civil and criminal, which were done under authority of the Secretary of the Treasury during Lloyd Bentsen's tenure in that office, were ultra vires because he violated the U.S. Constitution when he voted to increase the pay for that office, as a U.S. Senator, and then he vacated his Senate seat to claim the office of Secretary. However, Lloyd Bentsen was not eligible for that office until the end of his last Senate term. See Article I, Section 6, Clause 2 ("1:6:2"). Memo of Points/Authorities, Federal Income Taxes on Judges: Page 6 of 11 A FOIA request for a list of all civil and criminal cases which were brought under his watch has not been answered to date. This, again, has created a massive tort liability for the United States (see point 12 above). Failure to answer this FOIA is tantamount to fraud and obstruction of justice, not to mention a host of other criminal torts. See IRC 7401 for the implications; see also USA v. One 1972 Cadillac Coupe De Ville, 355 F.Supp. 513, 515 (1973). Failure to place proof of requisite jurisdictional facts in the court record, when specifically denied, is fatal to any court action. However, IRC 7401 is also found in subtitle F of the IRC (see discussion at point 3 supra). 14. Lloyd Bentsen was unable to delegate any authority downwards during the period in which he claimed to occupy the office of Secretary of the Treasury. This disability has meant that all tax assessments which were made by the Internal Revenue Service (as opposed to voluntary taxpayer self-assessments) were ultra vires per force, because the assessment officers could not exercise any delegated authority. See U.S. v. Brafman, 384 F.2d 863, 867 (5th Cir. 1967) for a court authority holding that assessment officers must sign assessments before they can be valid; without delegation of authority, the signatures are not those of assessment officers. Lex non cogit impossibilia. The IRC defines the term "Secretary" to mean the "Secretary of the Treasury or his delegate"; without delegation, there can be no delegates. Without an authorized officer to head the U.S. Department of the Treasury, there can be no Secretary of the Treasury, and hence no Secretary whatsoever, under any circumstances. Delegation was, therefore, impossible. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 7 of 11 15. The Appointment Affidavits signed by IRS employees are unconscionable contracts, because they express the employees' contractual commitment to support the U.S. Constitution; however, it is quite simply impossible for Citizens to enforce, and it is also impossible for public employees to obey, their solemn oaths to support the U.S. Constitution, if the weight of material evidence now proves that the exact provisions of that Constitution are still in doubt, for any reason. See discussion of 14th and 16th amendments [sic] supra; also People v. Boxer supra. This question concerning the equitable nature of Oaths of Office was specifically raised in People v. Boxer. 16. Again, the respondents In re Grand Jury Subpoena supra properly and timely raised this objection, when the first Appointment Affidavit was produced by the so-called "Special Agent" in that case, in response to a proper request brought under the Freedom of Information Act ("FOIA"); but U.S. District Judge John M. Roll abused his discretion by failing to rule on that motion and decided instead to commit over 100 felonies, including but not limited to 28 counts of mail fraud, 28 counts of jury tampering, 28 counts of obstruction of justice, and 28 counts of conspiracy to commit all of the above. Judge Roll did, however, rule that the USDC is not the proper forum to bring a request under the Freedom of Information Act ("FOIA"). See 5 U.S.C. 552(a)(4)(B). If the USDC is not the proper forum to bring a request under the FOIA, then neither is it the proper forum for prosecuting any criminal violations of Title 18, U.S.C. See 18 U.S.C. 3231, and rules of statutory construction in Title 1, U.S.C. Singular and plural refer to the same entity always. Title 1, U.S.C., has been enacted into positive law. See Supremacy Clause. The Administrative Office of the United States Courts has alleged, in writing, that U.S. District Judge John M. Roll is an Article III judge. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 8 of 11 17. Congresswoman Barbara Kennelly has admitted, on House stationery transmitted through the United States Postal Service ("USPS"), that the term "State" at IRC 3121(e) is restricted to the named territories and possessions, and does not include the several States of the Union. She put this admission in writing, after first consulting with "experts" in the office of the Legislative Counsel, and also in the office of the Congressional Research Service. Rep. Kennelly's admission provides absolutely stunning support for the main (and highly controversial) thesis of a book entitled The Federal Zone: Cracking the Code of Internal Revenue, electronic fifth edition. Not long after publication of the printed first edition in 1992, the Supreme Court of the United States utilized the term "federal zone" as a household word in their sweeping decision in U.S. v. Lopez, 115 S.Ct. 1624 (1995), Kennedy concurring. The term "federal zone" now has a permanent place in the history of American constitutional jurisprudence. 18. The Petitioner in the case of Burnett v. Commissioner, KTC 1996-292, D.V.I. 1996, is reported to have prevailed against the Respondent, the Commissioner of Internal Revenue, on this very same point, namely, the definition of "United States" is restricted to the federal zone. The court in that case stated that Subtitle A taxes apply only to the District of Columbia and to the Territories of the United States. Referring to IRC section 7701(a), Definitions, subsection (9), that court pointed out that the term "United States" includes only the above. IRC 7701(a) reads "(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof --", and subsection (a)(9) reads "(9) United States. The term 'United States' when used in a geographical sense includes only the States and the District of Columbia." No other definition of the term "United States" is offered anywhere in IRC Subtitle A. A written request for a certified copy of that court's written opinion was faxed to the Clerk of the USDC, Virgin Islands, on Wednesday, January 22, 1997 (see attached). For an authoritative discussion of these key definitions and their proper construction, see the book The Federal Zone supra. Memo of Points/Authorities, Federal Income Taxes on Judges: Page 9 of 11 VERIFICATION I, William Michael, Kemp, Sui Juris, hereby declare, under penalty of perjury, under the laws of the United States of America, without the "United States", and under knowledge of the law forbidding false witness before God and men, attest and affirm that I have read the foregoing and know the contents thereof, and that the same is true of My own knowledge, except those matters herein alleged on information and belief, and as to those matters, I believe them to be true, so help Me God, pursuant to 28 U.S.C. 1746(1). Executed on January 24, 1997: /s/ Mike Kemp ________________________________ William Michael, Kemp, Sui Juris Citizen of Alabama state (expressly not a federal citizen) Memo of Points/Authorities, Federal Income Taxes on Judges: Page 10 of 11 PROOF OF SERVICE I, William Michael, Kemp, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States", that I am at least eighteen years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): MEMORANDUM OF POINTS AND AUTHORITIES PROVING THE VOLUNTARY NATURE OF FEDERAL INCOME TAXES by placing one true and correct copy of said document(s) in first class United States mail, with postage prepaid and properly addressed to the following: Solicitor General William H. Rehnquist, C.J. Department of Justice Supreme Court of U.S. 10th and Constitution, N.W. 1 First Street, N.E. Washington, D.C. Washington, D.C. James E. Hedgspeth, Jr. Clerk of Court Etowah County Offices District Court of the U.S. [sic] c/o 800 Forrest Avenue c/o 1729 Fifth Avenue North Gadsden, Alabama state Birmingham, Alabama state Clerk of Court Attorney General Circuit Court of Etowah County Department of Justice c/o 800 Forrest Avenue 10th and Constitution, N.W. Gadsden, Alabama state Washington, D.C. Clerk of Court Chief Judge Court of Criminal Appeals 11th Circuit Court of Appeals c/o P.O. Box 301555 c/o 56 Forsyth Street, N.W. Montgomery, Alabama state Atlanta, Georgia state Executed on January 24, 1997: /s/ Mike Kemp _________________________________________________ William Michael, Kemp, Sui Juris Citizen of Alabama state (expressly not a federal citizen) All Rights Reserved without Prejudice Memo of Points/Authorities, Federal Income Taxes on Judges: Page 11 of 11 # # # ATTACHMENT A: "Congresswoman Suspected of Income Tax Evasion" by Paul Andrew Mitchell, B.A., M.S. # # # ATTACHMENT B: Fax Request to Clerk of USDC, Virgin Islands # # # ATTACHMENT C: "Karma and the Federal Courts" by Paul Andrew Mitchell, B.A., M.S. # # # ATTACHMENT D: NOTICE OF FREEDOM OF INFORMATION ACT (FOIA) APPEAL RESPONSE BY IRS DISCLOSURE OFFICER, NOTICE OF PROBABLE FRAUD, AND MOTION FOR DECLARATORY JUDGMENT: In re Grand Jury Subpoena Served on New Life Health Center Company # # # ATTACHMENT E: NOTICE OF MOTION AND MOTION FOR CONTINUANCE AND RECONSIDERATION, AND CHALLENGE TO HOLDINGS OF U.S. SUPREME COURT: In re Grand Jury Subpoena Served on New Life Health Center Company # # # Attachment F: AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE: In re Grand Jury Subpoena Served on New Life Health Center Company # # # ATTACHMENT G: Letter to Carol S. Sefren, Chief Judges Compensation and Benefits Branch Article III Judges Division # # # ATTACHMENT H: FIRST AMENDMENT PETITION TO CONGRESS FOR REDRESS OF GRIEVANCES # # # ATTACHMENT I: "BATF/IRS -- CRIMINAL FRAUD" by William Cooper # # #
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Alabama v. Kemp