Time: Sat Jul 26 08:30:23 1997
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Date: Sat, 26 Jul 1997 08:28:15 -0700
To: ignition-point@majordomo.pobox.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Taxes 101/pi
I submitted a challenge to this cash award,
many years ago, and S-A-P's response was
nothing short of ridiculous.
They want to be judge and party, all wrapped
up in the same process, just like Bill Conklin's
similar challenge several years ago.
What's wrong with this picture? If you don't
already know the answer to that question,
you need a lot of help.
So, I regard the $10,000 cash offer to be
bogus, at best.
/s/ Paul Mitchell
http://www.supremelaw.com
At 10:09 AM 7/26/97 EDT, you wrote:
>Subject: TAXES 101
>
>http://www.conspiracytheory.com <-Mel Gibson Film Starting Early August
>
>http://TeamInfinity.com/urls.html
>
>TAX BASICS 101
>
>Since 1982, the Save-A-Patriot Fellowship of 12 Carroll Street, Westminster,
>MD has offered a standing $10,000 cash reward to anyone, in or out of
>government, who can disprove a single statement of fact or law found within
>a flyer which we publish titled "Believe It Or Not". To date, no one - not a
>single judge, lawyer, C.P.A., or IRS agent - has been able to collect the
>$10,000 reward. We extend this same offer to you and to your tax preparer.
>For a free copy of the flyer, just give send an email to:
>
> truth@TeamInfinity.com with your mailing address...
>
>I am not a licensed attorney or tax professional, however, I do not require
>a license to simply show you the law. As a constitutional Republic, America
>is a nation of written laws, and everyone - "We the People" and government
>alike - must uphold nad obey the written law. If we don't like a particular
>law, we can work together to have it amended or repealed through the
>legislative process. Under our three-branch form of government, the
>legislature enacts its "intent" as the written "law of the land". The law
>(statute) must be written in explicit terms to mean exactly what it says.
>Any person of average intelligence must be able to understand a given law,
>otherwise the courts have ruled that it must be held "void for vagueness".
>The following are the basic facts regarding "income" and "employment" taxes
>[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html]
>that every working American needs to understand. All United States law is
>categorized into 50 "titles" of law known as the United States Code (USC).
>Title 26 (26USC) encompasses the Internal Revenue Code (IRC). Regulations to
>enforce the law and specify civil penalties for violators are written and
>promulgated by agencies of the executive branch, such as the Department of
>the Treasury which oversees the Internal Revenue Service (IRS). The Treasury
>regulations for Title 26, Internal Revenue Code, are found in 26 Code of
>Federal Regulations (26CFR). It has been my consistent experience that the
>vast majority of tax attorneys and CPA's do not fundamentally understand the
>actual, limited liability of U.S. citizens working exclusively within the 50
>states for income and employment (wage) taxes, relying instead upon IRS
>booklets, pamphlets, publications, guidelines, circulars, etc., which are
>not law. In order to understand the IRC which encompasses far more than just
>"income" taxes , one must first understand the subdivision of the IRC. The
>[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html]
>IRC is divided into ten subtitles, the first five of which (subtitles A
>through E) each impose different categories of taxation, while the last five
>pertain to procedure, administration, definitions, etc. Subtitle A is the
>income tax, Subtitle B covers estate and gift taxes, Subtitle C is the wage
>(employment) tax, Subtitle D covers miscellaneous excise taxes, and Subtitle
>E covers alcohol, tobacco, and "certain other excise taxes". Each subtitle
>is totally distinct and separate with regards to the tax it imposes (the
>exception being Subtitle C, as explained below) and the enforcing provisions
>within one subtitle do not apply to any other. In order to become the
>legally defined "taxpayer" (defined in subtitle F under code section
>7701(a)(14)) and required to pay a particular class of tax, a liability for
>the tax must arise from written statute within that subtitle. The tax on
>income under Subtitle A is an "indirect" tax in the form of an "excise"
>imposed on certain privileges or occupations and defined by the U.S. Supreme
>Court as gain separated from capital. The tax on wages under Subtitle C (for
>the purpose of building credits towards entitlement programs such as Social
>Security) is commonly reported by employers on forms W-2 and 1099. Subtitle
>A, income tax, is in no way whatsoever related to or connected to Subtitle
>C, wage (employment/social security) tax. The only statute in all of
>Subtitle A making anyone liable for the "income" tax is code section 1461
>which applies to withholding agents. Code section 7701(a) defines the
>[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html]
>"withholding agent" as one who is required to withhold income taxes from
>nonresident aliens under code section 1441, from foreign corporations under
>IRC 1442 , and from certain foreign tax-exempt organizations under IRC 1443.
>The income tax under Subtitle A is on foreign activities only, which is why
>it is absolutely correct to state that, unless withholding from foreigners
>or living and working in a foreign country under a current tax treaty with
>the U.S., no citizen or resident alien who has lived and worked exclusively
>within the fifty states of the Union has ever paid a penny in income taxes.
>They've paid employment taxes, although swearing them to be "income" to
>themselves on the affidavit known as Form 1040. With regard to the filing of
>returns, the only filing requirement for an individual under Subtitle A
>"income" tax is found in code section 6012(a). Under section 6012(a) and its
>underlying regulations, "taxable income" is limited to certain income that
>has been "earned" while living and working in certain foreign ountries or
>territories. As proof of the above, under the 1980 Paperwork Reduction Act,
>the Office of Management and Budget (OMB) must assign an OMB approval number
>to any agency return that requests and collects information from a U.S.
>citizen. According to OMB approval control number 1545-0067 assigned to
>Treasury regulations 1.1-1 "Tax imposed" and 1.6012-0 "Person required to
>make returns of income" under 26 CFR part 600 to end, the required return
>for a U.S. citizen to report income is not Form 1040, but Form 2555 "Foreign
>Earned Income." The 1040 return for the "U.S. Individual" is merely a
>supplemental worksheet for the required Form 2555. The top of Form 2555
>instructs "attach to front of Form 1040" and "for use by U.S. citizens".
>Treasury Decision 2313 (TD 2313), issued in 1916 to "collecters of internal
>revenue" pursuant to the U.S. Supreme Court under the Brushaber v. Union
>Pacific R.R. decision, clarifies that the Form 1040 individual income tax
>return is to be used only by the fiduciary of a nonresident alien and
>receiving interest and/or dividends from the stock of domestic (US)
>corporations on behalf of that alien. For the above reasons, the income tax
>under Subtitle A is not "voluntary" as some have asserted. It is mandatory,
>but only for those to whom it applies as explained above. Since the law is
>limited in its application, the question of whether it is mandatory or
>voluntary is superfluous. The question is: to whom, and under what
>circumstances is the law applied? With regard to the wage tax under Subtitle
>C, certain legal requirements may be considered mandatory, but only for the
>payor of the wages (the "employer") and even then, only if both the
>"employer" and the "covered employee" have voluntarily agreed (via voluntary
>application on Form W-4) to participate in the entitlement programs. Since
>there is no legal requirement to have a social security number (SSN) in
>order to live and work in the U.S. (or simply for the sake of having one);
>no legal requirement to enter a SSN on Form W-4, sign or submit it, and; no
>legal requirement for an employer to obtain an employer identification
>number (EIN) in order to hire workers, neither party - "employee" or
>"employer" - can be compelled to participate in the entitlement programs,
>[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html]
>hence compliance under Subtitle C is correctly said to be voluntary. IRS
>Publication 515 and Treasury regulation 1.1441-5 explain the proper use of
>the Statement of Citizenship (SOC), a copy of which is sent by the employer
>(who retains the original) to the IRS in Philadelphia only which makes sense
>since Philadelphia is the IRS international tax office. The SOC authorizes
>(and indemnifies) the employer to stop withholding income taxes from the
>worker who chooses not to have his or her taxes withheld. Call the IRS
>[brought to you by:ralph@TeamInfinity.com http://TeamInfinity.com/urls.html]
>forms distribution center at 1-800-TAX-FORM for a copy of Form 2555 and
>Publication 515. Title 26 and 26 Code of Federal Regulations can be
>consulted at any law library and even at many large city libraries. In
>closing, if you are a citizen (or resident alien) working for a living
>within one of the 50 states of the Union, you have never been made liable by
>Congress for the payment of the income tax under title 26, Subtitle A unless
>you have voluntarily filed Form 1040 in the past, in which case you created
>a legal presumption of a requirement where none actually exists under law,
>and will be expected (by the IRS) to keep filing unless and until you rebut
>that presumption via sworn affidavit, thereby shifting the burden of proof
>to the agency (Secretary of the Treasury/IRS), which must then disprove your
>statements and cannot. One who legally quits the Social Security entitlement
>program (via affidavit) is no longer required to pay Social Security taxes,
>will not receive back any monies already paid in, and will be ineligible to
>receive any future federal benefits. I invite those of you who may be
>experiencing difficulties with the IRS or just wish to explore your options
>under the law, such as stopping tax withholding or legally quitting the
>Social Security welfare scheme as I have, to contact me for more
>information.
>
>
>Sincerely,
>
>truth@TeamInfinity.com
>
>
>
>------------------------------------------------------------------------
>
>El Jeffe, El Capiton, Generalissimo Klintonista speaks out
> about the US Constitution:
>
>
>"When we got organized as a country and we wrote a fairly radical
>Constitution with a radical Bill of Rights, giving a radical amount of
>individual freedom to Americans ..."
>
>"And so a lot of people say there's too much personal freedom. When
>personal freedom's being abused, you have to move to limit it. That's what
>we did in the announcement I made last weekend on the public housing
>projects, about how we're going to have weapon sweeps and more things like
>that to try to make people safer in their communities."
>
>President Bill Clinton, 3-22-94, MTV's "Enough is Enough"
>
>"We can't be so fixated on our desire
> to preserve the rights of ordinary Americans ..."
>
> Bill Clinton (USA TODAY, 11 March 1993, page 2A)
>
>
> Why cant any of these be considered a violation of the oath of
> office to uphold the Constitution and qualify as TREASON !!
>
>
>
>"Gun registration is not enough." Attorney General Janet Reno, December 10,
>1993 (Associated Press)
>
>"Waiting periods are only a step. Registration is only a step. The
>prohibition of private firearms is the goal." - Janet Reno
>
>"What good does it do to ban some guns. All guns should be banned." Sen.
>Howard Metzanbaum
>
>"Our task of creating a socialist America can only succeed when those who
>would resist us have been totally disarmed." Sara Brady, Chairman, Handgun
>Control, to Sen. Howard Metzanbaum, The National Educator, January 1994,
>Page 3.
>
>
>
>----------------------------------------------------------------------------
>
> ralph@TeamInfinity.com (I can get you SAPF films/tapes/materials,
> "Harry's War" the suppressed film, Tragedy & Hope the book,
> US/UN/DontTreadonMe FLAGS, bumperstickers YardSigns & T-Shirts,
> inquire)
>
> http://TeamInfinity.com/~ralph/code/t26.html
>
> http://TeamInfinity.com/urls.html
>
>
> This correspondence in NO WAY represents Save A Patriot Fellowship
> (SAPF), but feel free to contact them thru RALPH@TEAMINFINITY.COM
>
>
> CALL 703-904-7770 ask for document 777
>#########################################################################
>
>
>TO RECEIVE email from ralph: send email to ralph@TeamInfinity.com and in
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>
>TO STOP RECEIVING email from ralph: send email to ralph@TeamInfinity.com
>and in the Subject make sure your email address and the word WHOA-RALPH
>(no spaces) is in the subject.
>
>
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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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