OUR WORLD IN CONFLICT by Martin A. Larson Who's Eligible for Tax? I have recently received a large amount of material from various scholars who maintain ordinary Citizens in the private sector are not required to file forms 1040 or pay personal federal income taxes. Many of them base their position on the question of jurisdiction and hold that, since the States are sovereign and independent entities, their Citizens are "non-resident aliens" in respect to the federal government situated in Washington, D.C. The most complete and detailed dissertation on this subject is an extensive work entitled "The Federal Zone," by Paul Mitchell. He says the term "United States" has three different and distinct meanings: It may be the name of a sovereign occupying the same position as do other sovereigns in the family of nations; It may designate the limited territory over which the federal government has exclusive jurisdiction; and, It may be the collective name for the 50 States, which are united under the Constitution. The book offers 12 highly detailed and documented chapters in order to establish Mitchell's thesis that each and every one of the 50 States is a separate sovereignty. Whenever the term "United States" is used in the Internal Revenue Code, it means the limited area in which the federal government has exclusive jurisdiction. It does not include the territory occupied by the 50 States. CONCLUSIONS Chapter 14, called "Conclusions," tells the reader the land over which the federal government has jurisdiction consists of the District of Columbia, the federal territories and possessions, and the enclaves within the States which have been purchased with the consent of the State legislatures. The author calls these the federal zone. Here, Congress is not subject to the same limitations as exist in the sovereign States. This makes the laws governing taxation within the federal zone entirely different from those outside of it. The Constitution rules within the States, but Congress rules within the federal zone, the author contends. The most important difference between the two lies in the area of taxation. According to Mitchell, the "United States", as that term is used in the Internal Revenue Code, refers to the area over which Congress has exclusive legislative authority. If you are not a citizen residing within the federal zone or an employee of government, then you are alien in respect to the United States, i.e. you are a non-resident alien. Non-resident aliens, under the Internal Revenue Code, are exempt from all U.S. laws and regulations, Mitchell argues. Further, according to this theory, non-resident aliens are required to pay taxes only on income from sources within the federal zone. Thus, employment within the federal government produces income which has its source within the federal zone. For the same reason, dividends paid to non-resident aliens on stocks or bonds issued by U.S. corporations also have their source within the federal zone and are, therefore, subject to federal taxation. Income derived from sources outside the federal zone is not taxable by the U.S. government, Mitchell says. CONSTRUCTIVE FRAUD The federal government has used what is called legal presumption to impose taxes on millions of Americans who are actually legally exempt, says Mitchell. By means of clever and constructive fraud, the Internal Revenue Service ("IRS") has extended its power of taxation far beyond the scope authorized by its own law. However, when an otherwise exempt Citizen signs a 1040 and pays the tax indicated thereon, the presumption is that he knows what he is doing and thereby volunteers to become a taxpayer. A completed, signed and submitted 1040 is a voluntarily executed commercial agreement, which can be used as prima facie evidence that a non-resident alien has knowingly and intentionally subjected himself to federal taxation. This principle is explained in Morse v. United States, 494 F.2d 876, 880. The author offers a model affidavit of 5,000 words, which is to be used by Citizens in explaining to the IRS why they no longer make any return or pay any tax to the federal government. Congress has collected trillions of dollars from unsuspecting Citizens by persuading them they are inside its revenue area when, in fact, they are outside. This is deception on a grand scale, if what Mitchell says is true or can be defended in court. It is indeed stunning to realize how carefully crafted definitions such as those for "State" and "United States" are found in IRS instructions intentionally so complex that no one can understand them. This indicates that they are carefully prepared to accomplish what is perhaps the greatest fiscal fraud ever perpetrated upon any people in the history of the world. # # #
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