Time: Mon Jul 07 04:02:49 1997
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Date: Mon, 07 Jul 1997 03:58:02 -0700
To: fwolist@sportsmen.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: "Amendment 16 Post Mortem"

We will add your opinion here to the host
of discrepant and irreconcilable opinions
already penned by numerous other non-judges,
with or without black robes.

/s/ Paul Mitchell
http://www.supremelaw.com

p.s. I hope you read further in Chapter 13;
the good stuff is not on page one.




At 12:59 AM 7/7/97 -0700, you wrote:
>================[ Distributed Message ]================
>         ListServer: fwolist (Free World Order)
>               Type: Not Moderated
>     Distributed on: 07-JUL-97, 00:59:10
>Original Written by: IN:csharp@mindspring.com.
>=======================================================
>
>
>fwolist@sportsmen.net said on 7/5/97 9:43 PM:
>
>>By distilling
>>the cores of these two competing groups, we are thereby justified
>>in deciding  that a  ratified 16th Amendment produced one or both
>>of the following two effects:
>>
>>
>>     1.   Inside the  50 States,  it  removed  the  apportionment
>>          restriction from taxes laid on income, but it left this
>>          restriction in place for all other direct taxes.
>>
>>     2.   It overturned  the principle  advanced in  the  Pollock
>>          case which  held that  a tax  on income  is,  in  legal
>>          effect, a tax on the source of that income.
>
>#2 above is close, but leaves out one important point...
>
>What it DID do, is PREVENT the income tax from being taken
>out of the category of indirect taxation, to which it inherently
>belonged. Essentially, it eliminated the RULE USED in the Pollack
>case.
>
>Now, to understand this properly, you must first understand that
>the income tax in question is NOT the income tax as it has always
>been commonly understood in England, which it was ALWAYS understood
>to be a DIRECT tax, but instead, it was talking about the NARROWLY
>defined income tax that was under consideration in the Pollack case.
>
>The RULE that was used in the Pollack case was IGNORING the fact
>that Congress had taxed the excercise of privelege, and simply
>used the income generated thereby as a GAUGE to determine the tax.
>
>So, your number two above should read:
>
>>     2.   It overturned  the principle  advanced in  the  Pollock
>>          case which  held that  a tax  on income  is,  in  legal
>>          effect, a tax on the source of that income,  regardless
>>          of  the stated  subject of  the tax being  the exercise
>>          of privelege.
>
> 
>
>
>
>In the pursuit of Liberty and Truth,
>
>Charles
>
>
>
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>

========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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========================================================================
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