Tuesday, September 28, 2010
By Barry Ritholtz
Every generation or so, a major secular shift takes place that shakes up the existing paradigm. It happens in industry, finance, literature, sports, manufacturing, technology, entertainment, travel, communication, etc.
I would like to discuss the paradigm shift that is occurring in politics.
For a long time, American politics has been defined by a Left/Right dynamic. It was Liberals versus Conservatives on a variety of issues. Pro-Life versus Pro-Choice, Tax Cuts vs. More Spending, Pro-War vs Peaceniks, Environmental Protections vs. Economic Growth, Pro-Union vs. Union-Free, Gay Marriage vs. Family Values, School Choice vs. Public Schools, Regulation vs. Free Markets.
The new dynamic, however, has moved past the old Left Right paradigm. We now live in an era defined by increasing Corporate influence and authority over the individual. These two “interest groups” – I can barely suppress snorting derisively over that phrase – have been on a headlong collision course for decades, which came to a head with the financial collapse and bailouts. Where there is massive concentrations of wealth and influence, there will be abuse of power. The Individual has been supplanted in the political process nearly entirely by corporate money, legislative influence, campaign contributions, even free speech rights.
This may not be a brilliant insight, but it is surely an overlooked one. It is now an Individual vs. Corporate debate – and the Humans are losing.
• Many of the regulations that govern energy and banking sector were written by Corporations;
• The biggest influence on legislative votes is often Corporate Lobbying;
• Corporate ability to extend copyright far beyond what original protections amounts to a taking of public works for private corporate usage;
• PAC and campaign finance by Corporations has supplanted individual donations to elections;
• The individuals’ right to seek redress in court has been under attack for decades, limiting their options.
• DRM and content protection undercuts the individual’s ability to use purchased content as they see fit;
• Patent protections are continually weakened. Deep pocketed corporations can usurp inventions almost at will;
• The Supreme Court has ruled that Corporations have Free Speech rights equivalent to people; (So much for original intent!)
None of these are Democrat/Republican conflicts, but rather, are corporate vs. individual issues.
For those of you who are stuck in the old Left/Right debate, you are missing the bigger picture. Consider this about the Bailouts: It was a right-winger who bailed out all of the big banks, Fannie Mae, and AIG in the first place; then his left winger successor continued to pour more money into the fire pit.
What difference did the Left/Right dynamic make? Almost none whatsoever.
How about government spending? The past two presidents are regarded as representative of the Left Right paradigm – yet they each spent excessively, sponsored unfunded tax cuts, plowed money into military adventures and ran enormous deficits. Does Left Right really make a difference when it comes to deficits and fiscal responsibility? (Apparently not).
What does it mean when we can no longer distinguish between the actions of the left and the right? If that dynamic no longer accurately distinguishes what occurs, why are so many of our policy debates framed in Left/Right terms?
In many ways, American society is increasingly less married to this dynamic: Party Affiliation continues to fall, approval of Congress is at record lows, and voter participation hovers at very low rates.
There is some pushback already taking place against the concentration of corporate power: Mainstream corporate media has been increasingly replaced with user created content – YouTube and Blogs are increasingly important to news consumers (especially younger users). Independent voters are an increasingly larger share of the US electorate. And I suspect that much of the pushback against the Elizabeth Warren’s concept of a Financial Consumer Protection Agency plays directly into this Corporate vs. Individual fight.
But the battle lines between the two groups have barely been drawn. I expect this fight will define American politics over the next decade.
Keynes vs Hayek? Friedman vs Krugman? Those are the wrong intellectual debates. Its you vs. Tony Hayward, BP CEO, You vs. Lloyd Blankfein, Goldman Sachs CEO. And you are losing . . .
This short commentary was conceived not to be an exhaustive research, but rather, to stimulate debate. There are many more examples and discussions we can have about this, and I hope readers do so in comments.
But my bottom line is this: If you see the world in terms of Left & Right, you really aren’t seeing the world at all . . .
Original Article Post
Thursday, September 23, 2010
Tuesday, September 21, 2010
What defines the United States of America from any other country on the planet is our unique Constitution and Bill of Rights. A Constitution which protects the pursuits of the almighty soverign individual and attempts to confine the power of government to play a significant but very defined role in our society and life. Some would argue that the Constitution is an outdated document from a time long past, and has little value in our modern world. Some legal scholars may even make statements that the common man should not discuss Constitutional law because he/she has no formal training in discussing such a thing. I would strongly disagree on both points because the Constitution was written just for you and I.
The United States of America was created by enlightened but frustrated rational men. These men were frustrated by an increasingly intrusive and despotical government. Our forefathers understood that government must derive it's power from it's people and should always be for the benefit of its citizens. Whenever that government should becomes destructive to that purpose, it is the right and duty of the people to alter or to abolish it, and to institute a new government that would fulfill the original intention.
Today, I tell you with certain certainty, that the government of the United States of America and many of the governments of the western world no longer serve their original intentions. Although, the reasons for their dysfunction are many, it is the nature of government that makes them inherently imperfect and subject to corruption. As history proves to us again and again, absolute power corrupts absolutely.
Today in America, men and women of questionable aspirations are preselected by powerful self serving forces and presented to the American people who are given no other choice but to choose between representative treachery from the right and treachery from the left. Elections in this country are mired with the perceived intent to divide Americans along personal, moral and philosophical lines.
When in office these self serving legislators obsolve themselves of their oath and responsibility for acting in the public's interest and instead allow the writing of all important legislation to be perverted and adulterated by entities that use the opportunity to write what will benefit them alone, even if it be contrary to the will of the very people in which government is supposed to derive it's power .
The public is willfully mislead on matters from those of national security to the very counting of unemployment figures. The public is deceived into regulating the actions of free adult citizens in the name of public safety only to pervert the authority we have once placed in their hand by harrassing it's citizens to comply. A simple act of cooking for someone or caring for someone's child for compensation or not, now made a crime without appropriate governmental say so. Common place is, the purposeful misleading of the public through the language of government double speak. Today's legislation, it seems, is often given a name that is directly opposite of it's true intention to deceive those who foolishly trust the action of government into supporting the legislation solely on it's stated name.
Our very police has been bought and paid for with our own money and used against us by enforcing orders that run counter to the very freedoms they swore an oath to protect. The police now working against the free individual by agressive intimidation and arrest of our citizens merely trying to bring justice to injustice through peaceful protest as is their right and duty.
In the courts and every level of the judiciary, all the way up to the United States Supreme Court, Judges with unknown motivations uphold decisions that grant personal civil rights to legislatively created persons while further usurping the public interest and ruling against the average citizen at almost every opportunity.
Our press, whom we have historically relied upon to shine the light of truth on the evils of corruption, has even become a mere shadow of it's former self, manipulated by this plague of corporate power. Instead our news entertains, amuses and distracts from the real issues and has become a tool of government propaganda to reassure the trusting masses that everything is fine and the powers that be have it all under control.
The biggest travesty of all is that of the control of our very currency. Our currency is in the hands of international power brokers who do not answer to the public. The Federal Reserve run by foreign entities are solely interested in controlling society through the creation of money out of thin air and demanding interest on their phantom creation thus causing financial slavery of those unfortunate to have found themselves in debt. Nearly every treasury secretary in modern time has come from the Federal Reserve or one of it's controlling Banks (Goldman-Sachs) to the detriment of the American dollar and it's people, described by the IRS (a branch of the treasury) as asset units. It makes one wonder if the financial crisis we face today, was intentionally caused to gain more power and control. Money they can print, but power is something else. When the economy does collapse under the weight of fiat debt, and after much pain, will those forces claim to bring fourth the solution through global government and world currecy when it was they who caused that very crisis? As once was said in greece, beware strangers bearing gifts.
So, how can we as rational human being turn our backs and ignore the dysfunction of this country and the world. What kind of country will you leave your children. Will they someday ask you from the bonds of slavery "Why didn't you do something back then ?". I promise, I will never have to say that to them ever, because I have not yet begun to fight and I am not alone. I will continue to be heard till god himself silences me. Doing nothing is the same as working against your own people. Remember, all that is necessary for the triumph of evil is that good men do nothing.
A story comes to mind about a little bird who loved his beautiful forest very much. One day a bolt of lightning sets the forest ablaze sending all it's inhabitants fleeing from the fire. Well this little bird was not going to allow his beloved forest to burn down around him. The bird quickly flew to the waters edge , filled his tiny beak with as much water as it could hold. He flew time and time again over the inferno with more and more water, hour after hour, with determination and love in his heart. The heavens were so moved by his act of love and selflessness that the heavens began to cry. Under the force of the rain the fire was finally extinguished. Never let it be said that the individual has no power, because you never know who will be moved into action as a result.
Be active, protest, blog, comment, vote, educate yourself, repeal bad legislation and be prepared to defend your rights and your children's rights. Do not let them destroy your Republic. A Republic by and for the People. Although it's stipes may be torn and it's colors faded America does not live on a flag, it lives in our hearts. Long live the Republic!!!
Tuesday, September 14, 2010
You have been told that Social Security is an insurance program run by the federal government. You were led to believe that your income would be taxed at a certain rate for the cost of the program. Then in times of medical emergency or upon retirement you would be eligible for Social Security benefits. On the surface, this would seem to be an equitable arrangement.
But the federal government failed to fully inform you as to all of the other ramifications of applying for a Social Security number. For instance, did you know that you became a federal employee? Well, you did - specifically you became a member of the Merchant Marine. You also became an employee of a corporation that is involved with importing to and from the U.S. possessions. Another consideration is that if FICA is based upon a percentage of your earnings, then the government has somehow been granted the right to know the amount of your income and the sources of your income – this is not a hallmark of freedom. These statements and more will be evidenced by the actual federal statutes and regulations further on this page.
Like all great magicians, the federal government has you looking at the obvious while hiding the basis of the trick that the magician is performing right in front of your eyes.
Lots of Americans have questioned the legitimacy of the personal income tax, but it seems that everyone just loves the Social Security program. Social Security is the sacred cow that no one is ever supposed to criticize. Oh, sure, some claimants of Social Security find fault with what claims are denied or only partially funded. And lots of people are now pointing out that Social Security is not going to be solvent in the near future. But up till now no one has questioned the legitimacy of the Social Security program. Well, that time has come.
Americans now live in a country with the largest government in the world. Since the Declaration of Independence is the organic law of the land and it states that “all men are created equal”, why would free, equal people need such a large government?
How did a country in which “all men are created equal” (and, of course, women) end up subservient to a multitude of federal government agencies? If all Americans are created equal, how can some bureaucrat from the EPA regulate how an American’s land is to be used? How can some bureaucrat from the FDA regulate what an American can choose for healthcare? How can some bureaucrat from the SEC regulate how an American can invest money? How can some bureaucrat from the IRS regulate how much of an American’s money the federal government can take? How can some bureaucrat within the Department of Labor dictate what an American may pay his employees? How can some bureaucrat within the Department of Education determine what an American’s children must be taught?
A real crime consists of a victim and a perpetrator. The perpetrator has either initiated force or fraud against the victim. This means that the victim’s rights have been violated. The two sides are drawn in this type of scenario and the laws against theft, murder, rape, etc. are clear. A court action may be initiated and the jury may deliberate after hearing all of the testimony. This upholds the premise that “all men are created equal”.
But when some federal government agency files a complaint against an American, what is the basis of the crime? The federal agency simply cites some regulation that the American violated – no victim is identified, no one’s rights have been violated. This does not uphold the premise that “all men are created equal”, but presumes that the federal government, through some bureaucratic agency, can force an American to do its bidding. How did this happen? The answer is buried deep in the Social Security scam. Applying for a Social Security number is tantamount to begging to be subservient to the federal government.
The following is somewhat complicated because it is the actual basis of the federal laws. After all, it’s not easy to subjugate an entire nation of free, sovereign people. But everything that I’ve written above will be legally verified and the actual basis of the regulations and statutes will be evidenced.
This site will forever end the conflict between the various “tax honesty movement” groups and the enforcement of the internal revenue laws. First of all, when dealing with the federal government of the United States, one must learn the definitions of the government’s legal “terms”. So let’s start with the definition of the term “taxpayer”.
From the regulations that implement the Internal Revenue Code, the Code of Federal Regulations (CFR), are the following:
“26 CFR Sec. 2.1(m) The terms used in this section shall have the same meaning as in chapter 1 of the Internal Revenue Code.”
”26 CFR Sec. 2.1-1, Definitions
(a) As used in the regulations in this part, except as otherwise expressly provided -
(1) Act means the Merchant Marine Act, 1936, as amended (46 U.S.C. 27)
(2) Section means one of the sections of the regulations in this part.
(5) Taxpayer means a citizen who has established or seeks to establish a construction reserve fund under the provisions of section 511 of the Act and the regulations in this part, and may include a partnership.
(b) Insofar as the computation and collection of taxes are concerned, other terms used in the regulations in this part, except as otherwise provided, have the same meaning as in the Internal Revenue Code and the regulations thereunder.”
Now since the regulation above at 26 CFR Sec. 2.1(m) states that the terms used in this section have the same meaning as in chapter 1 of the Internal Revenue Code, the definition of the term “taxpayer” from 26 CFR Sec. 2.1-1(a)(5) has the same meaning as in chapter 1 of the Internal Revenue Code. And since 26 CFR Sec. 2.1-1(b) states insofar as the computation and collection of taxes are concerned, the definition of “taxpayer” from 26 CFR Sec. 2.1-1(a)(5) has the same meaning as in the Internal Revenue Code and the regulations that implement the Code.
The number “26″ from the cites above is the number of the title, in this case title 26 is “internal revenue”. The number before the “.” from the cites above is the part number under the title, in this case “2″. The first number after the “.” from the cites above is the section number, in this case “1″. Chapter 1 of the Internal Revenue Code, referenced within the first of the above regulations, has to do with income tax.
The definition of the term “taxpayer” proves that a “taxpayer” is a federal employee, specifically within the Merchant Marine. Federal employment taxes only apply to federal employees. Did you know the definition of “taxpayer”? You must understand that when the government defines a “term” it no longer has anything to do with the original definition of the word as found in a dictionary.
The only definitions of “taxpayer” within chapter 1 of the Internal Revenue Code are at 26 USC Sec. 1313(b) and 26 USC Sec. 7701(a)(14). Both of these definitions vaguely define a “taxpayer” as someone subject to an internal revenue tax, but what “internal revenue” itself is remains unsaid.
Then what exactly is “internal revenue”? “Internal revenue” is a specific part of the customs. Customs derives revenue from the collection of duties on importing (and tonnage, the impact of a vessel on the harbor and wharves) from foreign countries. Internal revenue derives revenue from the collection of duties on importing within the jurisdiction of the internal revenue laws – the U.S. possessions and the coasting trade. Any court action concerning internal revenue is brought under the statute at title 28 USC , “Judiciary and Judicial Procedure”, Chapter 85, “District Courts; jurisdiction”, section 1340, “Internal revenue; customs duties” based upon revenue from the collection of duties on imports. This is derived from the foreign commerce clause. It is from within title 19, “Customs duties”, Sec. 1317, “Tobacco products; supplies for certain vessels and aircraft”, where the location of the definition of the jurisdiction of the internal revenue laws is cited. This section within title 19, “Customs duties”, concerns exporting certain products and states that internal revenue laws include importing. The actual citation to the definition of the jurisdiction of internal revenue laws is within the link to my court case document further along in this page. (For more information concerning ”internal revenue”, see the post titled “Internal Revenue Jurisdiction” at http://wp.me/pCW6e-3Z on the “Posts for freedom”.
Why would the government presume that the I.R.S. can contact a citizen and label that citizen a “taxpayer”? The definition of “taxpayer” (at 26 CFR 2.1-1(a)(5) as cited above) is a federal employee, within the Merchant Marine.
This is where Social Security comes into play. The federal government only has the three types of commerce jurisdiction as granted in the Constitution from Article I, Section 8, Clause 3 – “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. Each of the three commerce jurisdictions is cited separately under title 28, “Judiciary and Judicial Procedure”, chapter 85, “District Courts; jurisdiction”. The cite to section 1336, “Surface Board Transportation orders”, which was renamed from “Interstate Commerce Commission’s orders” in 1995, is the interstate commerce part of the commerce clause. The cite to section 1362, “Indian tribes”, is obviously the trade with the Indians part of the commerce clause. And as listed above, the cite to section 1340, “Internal revenue; customs duties” is the foreign commerce part of the commerce clause. The free, sovereign American has no nexus with the Federal government’s commerce jurisdiction.
From the Internal Revenue Code is the following:
“Title 26 U.S.C. section 7655, Cross references
(a) Imposition of tax in possessions
For provisions implementing tax in possessions, see-
(1) Chapter 2, relating to self-employment tax
(2) Chapter 21, relating to the tax under the Federal Insurance Contributions Act.”
Thus, as evidenced in the cross-references section above, the self-employment tax and FICA are possession taxes. They are also federal employment taxes, in other words, taxes imposed upon federal employees.
Since FICA is a possession tax, a free, sovereign American is not eligible for Social Security. Only citizens having U.S. citizenship within a U.S. possession would qualify for FICA.
The next term that one needs to learn is that of “U.S. citizen”. A person born in one of the sovereign states is not subject to the federal government unless that person commits one of the federal crimes listed in the Constitution, such as treason, counterfeiting, kidnapping across state lines, etc. The fourteenth Amendment to the Constitution defines a “U.S. citizen” as “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside.” A person born in one of the sovereign states is not subject to the limited jurisdiction of the federal government. After all, the Declaration of Independence is the organic law of the land, superceding the Constitution and the Articles of Confederation, and it states that “all men are created equal”. To be subject to the jurisdiction of the United States requires U.S. possession citizenship. This is confirmed in the Internal Revenue Code at title 26 USC Sec. 2208 concerning estate taxes, 26 USC Sec. 2501(b) concerning gift taxes, and 26 CFR Sec. 1.932-1 concerning income taxes. Both 26 USC Sec. 2208 and 26 USC Sec. 2501(b) define the term “United States citizen” “wherever used in this title”. The regulations under 26 USC Sec. 2501 exemplify exactly what is meant by the statutes at 26 CFR 25.2501-1(c). A “U.S. citizen” is someone born in one of the sovereign states who then establishes a residence in Puerto Rico and further acquires Puerto Rican citizenship. Now I know of no one born in one of the sovereign States who would ever voluntarily acquire US possession citizenship (even if that American had a winter home there) - why would anyone give up sovereignty to become subject to the jurisdiction of the federal government? It’s obvious that the real objective of the 14th Amendment to the Constitution was not to guarantee anyone’s rights - it was to subjugate all Americans to the federal government’s hidden agenda by being able to use the term “U.S. citizen” in contracts and legal decisions. This also allowed the government to write laws and make court decisions that distinguish between U.S. possession citizens and “U.S. citizens”, making it appear that the federal government had jurisdiction over all Americans. But the key is that an American (anyone born in one of the sovereign States) is not a “U.S. citizen” (unless that American actually established a residence in a U.S. possession and further acquired U.S. possession citizenship). The next time you are asked if you are a “U.S. citizen”, just say “no”.
As stated above, “internal revenue” is a specific part of customs. Customs concerns foreign commerce. Since “internal revenue” is within the customs, the U.S. possessions are defined as foreign countries within the Internal Revenue Code, for example; 26 USC Sec. 865(i)(3), Sec. 872(b)(7), and Sec. 2014(g). This is necessary to consider “internal revenue” as foreign commerce. The federal government owns the U.S. possessions and may designate them in any fashion that suits it. However, as will be evidenced within this page and the link to the court document herein, the reason that the U.S. possessions are treated as foreign countries is to foment the personal income tax dispute while ignoring the cause – Social Security.
So the question remains, how could a sovereign American ever be eligible for Social Security? This is where the concept of “Agreements entered into by American employers with respect to foreign affiliates” comes into play as defined at title 26 USC Section 3121(l). An “American employer” (defined at 26 USC Section 3121(h)) is further defined under 26 USC Section 3121(l) as having a foreign subsidiary and that wants to extend the insurance system established by title II of the Social Security Act (FICA) to the U.S. citizens who are employed by its foreign affiliate. The regulations under this section at 26 CFR 31.3121(l) direct to 26 CFR 36.3121(l)-0. It is here that it states that the “American employer” has made an agreement with the IRS to extend the insurance coverage of Social Security, through FICA, to employees of a foreign subsidiary of the “American employer”. This is the hidden connection between an American and the IRS. The federal government does not have jurisdiction over a free, sovereign American so it cannot write laws that subject an American to any duty. The government has created the “American employer”, which is an employer of Americans, in order to initiate the Social Security fraud.
It is, therefore, necessary for an American to be both a “taxpayer” and a “U.S. citizen” to be eligible to apply for a Social Security number. By applying for a Social Security number, an American has given the federal government prima facie evidence that that person is a “U.S. citizen” and a “taxpayer”. After all, it is said that ignorance of the law is no excuse. The combination of the terms “U.S. citizen” and “taxpayer” is known as a “U.S. resident”. This is defined at title 26 USC Sec. 865(g). A “U.S. citizen”, in other words, a person born in one of the sovereign states who then establishes a residence in a U.S. possession and further acquires U.S. possession citizenship, who now resides in the United States would be a foreigner since the U.S. possessions are treated as foreign countries. The next time someone wants to know if you are a “U.S. resident”, just say “no”. (For more information concerning the term “resident”, see the post titled “The U.S. Resident” at http://wp.me/pCW6e-3g on the “Posts for freedom”.
The Internal Revenue Manual declares that “The Criminal Investigation Division enforces the criminal statutes applicable to income, estate, gift, … tax laws … involving United States citizens residing in foreign countries and nonresident aliens subject to federal income tax filing requirements …”. So right here the government is informing everyone of the limited jurisdiction of the CID within the IRS. Since the U.S. possessions are treated as foreign countries, the sovereign States are foreign to them.
The income tax was first established within an Act of Congress approved on August 5, 1861, “An Act to provide increased revenue from imports to pay interest on the public debt, and for other purposes”. Sections 49 through 51 established an income tax upon collectors of internal revenue. Section 49 established the income tax and stated that it applied to “the persons hereinafter named”. Section 50 then named assessors and collectors of internal revenue duties, along with other government officials. Section 51 granted the government the right to levy those who were delinquent in their payments of the tax. (For a more in depth examination of the income tax, link to “The Income Tax and the Act of Congress that established it” here at http://wp.me/pCW6e-4A on the “Posts for freedom”. The Internal Revenue Service always points to the Supreme Court case of Brushaber v. Union Pacific R.R. Co., 240 U.S. 1 (1916) as their Constitutional right to collect income taxes. Mr. Frank Brushaber was an assessor and collector for foreign investors in the Union Pacific Railroad Company, acting as their fiduciary (agent in trust). He was therefore legally subject to the income tax. This is why the Supreme Court stated that the federal government always had the power to implement income taxes – of course the federal government can implement income taxes on its revenue collectors/assessors. Please note that the Act of Congress that initiated the income tax is based upon revenue from importing.
Part of the definition of “taxpayer” concerns section 511 of the Merchant Marine Act, 1936. Within section 511 is the definition of a controlled foreign corporation. This matches with the scenario of an “American employer” that consists of a domestic corporation that has a foreign subsidiary. Within the Internal Revenue Code at 26 USC Sec. 902 is the provision for a domestic corporation to treat income taxes paid by its foreign subsidiary as a dividend. The actual internal revenue code sections that are the basis of an income tax return are more fully evidenced in the link to my court case papers further along in this page.
The definition of “taxpayer” also states that it may include a partnership. A Social Security number is a person’s membership number in the partnership that is the “taxpayer”. The definition of “net earnings from self-employment” at 26 USC Sec. 1402(a) defines such earnings as including the distributive shares from a partnership, whether or not distributed. The regulations under the self-employment statute, 26 USC Sec. 1402, allow for a partnership to be treated as a corporation without affecting the self-employment directive in the statute concerning the distributive share of the partner. This is evidenced at 26 CFR 1.1402(a)-2(g).
Therefore, by applying for a Social Security number one has become a “U.S resident”, a term within the Internal Revenue Code that includes the definitions of the terms “taxpayer” and “U.S. citizen”. A free sovereign American that applies for a Social Security number has unwittingly applied to become an employee of a foreign affiliate of an “American employer” that itself is the “taxpayer” and that holds an undistributed dividend for each of its partners, said dividend being derived from income taxes paid by its foreign subsidiary. This is, therefore, self-employment income attributed to the individual partner who applied for a Social Security number and now, since the dividend is derived from revenue from importing within the jurisdiction of the internal revenue laws, subject to the income tax. In other words, the “U.S. Resident” is a federal tax collector of revenue from importing duties within the jurisdiction of the internal revenue laws.
Why doesn’t the individual have to list the income from this undistributed dividend? Well, the IRS Form 1040 is actually a foreign tax credit form. The income from the undistributed dividend is offset by a foreign tax credit – FICA. Since the U.S. possessions are treated as foreign countries, FICA is a foreign tax.
The government has slowly brainwashed Americans over many generations to believe that an American’s earnings are somehow a federally taxable item. But the income tax only applies to collectors and assessors of internal revenue taxes. So by selecting Frank Brushaber to be the government’s poster boy for the Supreme Court ruling, everyone believed that earning income somehow was now under the jurisdiction of the federal government. Yet other Supreme Court rulings have consistently ruled that the 16th Amendment conferred no new taxing authority to the federal government. The Stanton v. Baltic Mining, 240 U.S. 103 (1916) Supreme Court decision stated that the “the Sixteenth Amendment conferred no new power of taxation…”. Also the Peck & Co. v. Lowe, 237 U.S. 165 (1918) Supreme Court decision stated that “The Sixteenth Amendment… does not extend the taxing power to new or excepted subjects…”. Since the Supreme Court ruled that the 16th Amendment conferred no new power of taxation, then the revenue being generated from the income tax must be taxable under one of the existing commerce jurisdictions granted to the government by the Constitution. As evidenced within this blog, that jurisdiction is foreign commerce. (For more information concerning the Supreme Court decisions, see the post titled “The Supreme Court decisions concerning the 16th Amendment” at http://wp.me/pCW6e-3a on the “Posts for freedom”.
It is obvious that the government never intended that Social Security should be a benevolent insurance program. By hiding the definitions of “taxpayer”, “U.S. citizen”, and “U.S. resident” the government is able to use common, ordinary words to hide their true intentions. When an American hears the word “taxpayer” the meaning is “a payer of taxes”, while the government means a federal employee in the Merchant Marine. Then to use an undistributed dividend to export the necessary income to all the partners within the partnership (the American employer that is the true “taxpayer”) in order to make it legal from the government’s viewpoint to enforce the income tax laws upon all Social Security applicants is truly beyond the scope of any kind of honest credibility. The government’s machinations behind the Social Security scheme are truly malicious and hateful.
I am now involved with the most important federal tax case in history. The government has become the “tax protester” in my case and refuses to obey the law. The courts have actually failed in their most basic duty, that of ruling on the constitutionality of an Act of Congress, specifically the Act of Congress approved on March 3, 1791. (For more information concerning my constitutional challenge to this Act of Congress, see the post titled “The Whiskey Rebellion” at http://wp.me/pCW6e-1b on the “Posts for freedom”. As such, it has become my duty pursuant to the Declaration of Independence to inform all free sovereign Americans of the Social Security fraud being imposed upon them. The Declaration of Independence states “But when a long train of abuses and usurpation, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security”. The long convoluted trail to the personal income tax through the Social Security scam certainly qualifies as evincing a design to reduce Americans under absolute despotism. Ever since the Declaration of Independence inked the words “all men are created equal”, the government has been slowly, deliberately, and surreptitiously planning the Social Security fraud.
Here is the link to the latest document that I have filed in my federal tax case: Federal Case #08-273 (WDPA) Defendant’s Reply. Please note that any unsealed document on the court’s docket is public domain. Outside of the Department of Justice and it’s subordinate Federal Judiciary, I don’t believe that anyone else actually knows the underlying law. I have been involved in a federal court case wherein the judge relied upon the representative of the Department of Justice for instructions! Don’t expect your local IRS to understand any of this – IRS employees are just other people who have been brainwashed their entire lives. However, I find the people who work as agents and officers of the IRS don’t even understand the concept of freedom.
The above Defendant’s Reply exhibits the actual statutes and regulations behind Social Security (FICA) and the personal income tax. There is one typo on page 19 of the Defendant’s Reply. The reply mistakenly prefixes the USC title for “Bankruptcy” as 26 when it should be 11. The same is true for the associated CFR, 26 CFR should read as 11 CFR “Federal elections”. This, by the way, is the legal evidence that the federal government is bankrupt; Title 11 USC “Bankruptcy” is implemented by Title 11 CFR “Federal elections”. The international counterfeiters (Federal Reserve System) bankrupted the federal government in 1933 and wrote the Internal Revenue Code of 1939 to collect money from all free Americans by combining the previous internal revenue laws, Social Security, and the Merchant Marine Act of 1936. By applying for a Social Security number an American has given away all sovereignty (freedom from external control) and become a slave for the government, which itself is a bankrupt entity owned by the international counterfeiters. To see more about the bankruptcy and the reasons that Social Security was created, see the Post “The Fed Owns the Gov’t – The Gov’t Controls its Employees – Social Security Makes Americans into Federal Employees” at http://wp.me/pCW6e-5J on the “Posts for Freedom”.
All IRS indictments hide the actual charge by simply labeling the defendant (victim) as a “resident”, referring to the term “resident” as defined at 26 USC Sec. 865(g), which includes the definitions of the terms “taxpayer” and “U.S. citizen” along with the implied reference to importing (the cite to 26 USC Section 911). Once this understanding reaches the general population, there can be no convictions of any American for personal income tax crimes. (For an in depth examination of the actual charge of willful failure see the post titled “Title 26 USC Sec. 7203, Willful failure to file” at http://wp.me/pCW6e-1y on the “Posts for freedom” page of this Blog).
I will be Blogging more about my case as the days go forward. The Congress has reconvened and it is time that we free, sovereign Americans start to pay attention to what is going on in Washington, D.C. And we should not simply pay attention to what is going on there, we should be directing it! We Americans are the sovereigns and the government is made up of public servants. The only way that the government can claim sovereign immunity is based upon Americans applying for Social Security numbers and, thus, declaring themselves to be “U.S. residents”. This is why the government claims that the income tax is voluntary – each of us voluntarily applied for a Social Security number (although nowadays it is the custom to register an American’s children at an early age to qualify for exemptions). The very first law that established Social Security for state employees uses the term “voluntary” - title 42 USC Section 418, “Voluntary agreements for coverage of State and local employees”. In the eyes of the federal government any American who has applied for a Social Security number has waived all sovereignty and has volunteered to be subject to the personal income tax and, thus, no better off than the serfs of old England.
The internal revenue laws have been intentionally misconstrued in order to bring about the plethora of federal alphabet agencies that are now regulating all “U.S. Residents”. To see more concerning the aggrandizement of the government’s powers go to the Post titled “The Medicine and Drug Laws are Internal Revenue Laws” at http://wp.me/pCW6e-4M on this Blog.
One further item should be noted. The personal income tax upon free, sovereign Americans is based upon the Social Security fraud. However, the corporate income tax is probably legal since a corporation is a government creation and if the government wishes to consider a corporation as a “U.S. resident”, which it does in the definition at 26 USC Sec. 865(g), then that is fine. Any true foreigner may be subject to an income tax if the government so desires. But the government’s Social Security fraud upon free, sovereign Americans to subject them to an income tax is patently malevolent and purely evil. Income tax is the second plank of the Communist Manifesto. Inheritance tax is the third plank of the Communist Manifesto. Having the government controlling education is the tenth plank of the Communist Manifesto. It was in high school that I was told that I had to have a Social Security number.
The ultimate conclusion behind the Social Security scam is that the federal government is fully aware that all Americans are free, sovereign individuals because the Declaration of Independence is the organic and fundamental first law of the land and it states that “all men are created equal”. We Americans can simply reclaim our status and abolish the concept of Social Security as a federal insurance program since it only applies to “U.S. residents”.
If you have downloaded my court document from this Page of this Blog then you have seen some of what exactly F.I.C.A. is in reality. For an in depth examination of F.I.C.A. go to http://wp.me/pCW6e-5i - it’s a railroad tax that is applicable to seamen!
THERE IS MUCH MORE FOR ALL AMERICANS TO LEARN!!
THE NEW WORLD ORDER IS BEING PAID FOR BY “TAXPAYERS”!
NOTICE TO ANYONE WHO HAS ORDERED MY CD TITLED “THE UNITED STATES DOESN’T OWN THE MISSISSIPPI RIVER” - PLEASE GO TO THIS LINK FOR IMPORTANT INFORMATION – http://wp.me/pCW6e-6B - THIS IS VERY IMPORTANT !
I have written the entire history of the New World in a memorandum that is the background for all of my findings that are in the court case above. I have entitled it “The United States Doesn’t Own the Mississippi River”. Aside from the legal terms that I have evidenced above on this page I have discovered much, much more. As the title of my memorandum implies, I have the legal evidence that the United States does not have exclusive ownership of the Mississippi River! See the Post “The United States Doesn’t Own the Mississippi River” at http://wp.me/pCW6e-5X of this Blog for the U.S.C. statutes that prove this.
I have discovered the evidence of the real cause of the Civil War (it was preplanned over 80 years before it happened). I have evidence of what the “Union” actually means (it does not mean the association of the sovereign States). And I have evidence of who really paid for the actions of 9/11. My memorandum exposes the true meaning of the “New World Order”. The “New World Order” does not mean a world order that is new – it means the order established in the New World (and all paid for by the “taxpayer”).
Find out why Pennsylvania is the “Keystone State”. Find out why Pennsylvania Avenue and Maryland Avenue converge in front of the Capitol Building. Discover why the Lincoln Memorial faces the Washington Monument. Find out why 911 was chosen to represent an emergency. Find out the real reason that Columbus named the Native Americans as “Indians”. Discover why the term “resident” is used to represent a collector of customs duties. The real history of the New World is nothing like you have ever read before now.
This post can be found at http://llstuler.wordpress.com/
I thought this issue should be read by my readers so you too can research what is being stated in this work. The first step in gaining your freedom is knowing how you are being enslaved. The constitution (13th Amendment) only states that IN-VOLUNTARY servitude is forbidden, it says nothing about Voluntary. America is SO FREE, that we actually have the RIGHT to contract away our rights. Are you a happy servant or will you give up your Social Security Number and be free from the MARK OF THE BEAST?
Wouldn't it be great if on Election Day we all file for Withdrawl of our Social Security Number Here http://famguardian.org/TaxFreedom/Forms/Emancipation/ssa_521.pdf and become Free Americans once more. Fight the Beast!
More resources for you to get rid of your Social Security Number Here at http://famguardian.org/TaxFreedom/Instructions/3.17QuitSocialSecurity.htm
By julius bragg Originally Published in the Daily Paul
If you work at Kelloggs, and they tell you that you must cut your hair...is that illegal?
Think about it. Dont you have the RIGHT to have long hair?, then how can they diminish that right?
The answer is by Contract. Remember, the constitution (13th Amendment) only states that IN-VOLUNTARY servitude is forbidden, it says nothing about Voluntary. America is SO FREE, that we actually have the RIGHT to contract away our rights.
This happens ALL THE TIME. A marriage license is a contract, that removes the RIGHT of marriage, and replaces with the 'privilege' of Marriage, in exchange, the state gives you some sort of consideration, tax break, insurance break, etc.
Well, Just like if you worked at Kellooggs, working for the Federal Government has its downside as well. When you become federal personnel, you diminish your rights. You no longer have the right to free speech, freedom of religion, right to bear arms, right to privacy, right to be secure in your possessions, and so on. Ask ANY congressman if he can carry a gun to work, or if the government can search him or his house without a warrant, or probable cause, or an infantryman if he can have scripture on his gear, or if he can rally a group of troops and assemble and speak poorly of the United States.
We all know, or at least I hope we all know, that the Constitution applies to the states, and NOT federal zones or territories such as Puerto Rico, Guam, American Samoa, or the District of Columbia.
This brings me to my point.
Are you Federal Personnel?
- (13) the term "Federal personnel" means officers and employees
of the Government of the United States, members of the uniformed
services (including members of the Reserve Components),
individuals entitled to receive immediate or deferred retirement
benefits under any retirement program of the Government of the
United States (including survivor benefits).
Guess what Social Security is?
Guess what number they use for the draft?
Guess what number they use to Direct Tax?
Guess what number they use for Social Programs, that are benefits and must be payed for?
- A voluntary acceptance of the benefit of a transaction is
equivalent to a consent to all the obligations arising from it, so
far as the facts are known, or ought to be known, to the person
If you have a SS number, then you ARE federal Personnel, and you have limited Rights! They can lay a direct Income Tax on you, they can summons you for Draft, they can require that you have a license to travel, they can require you have a license to marry.
Is SS mandatory? Of course not. If it was, they would assign you a number at birth, instead of you applying for one for your kids.
Think, Be Free and Act because actions speak louder than words. Fight The Beast! Withdraw from Social Security below
Saturday, September 4, 2010
Listeners will now be able to listen to
The NewAmericaNow Radio Show additionally on The newly formed
Watchmen Radio Network at
every Saturday & Sunday from 4-6pm Eastern
The NewAmericaNow Radio Show will continue to be heard Saturdays at 9pm Eastern on Blogtalkradio http://www.blogtalkradio.com/newamericanow . Our expanded air time to both networks will allow us to spread our message to a greater number of listeners and we are proud to be a part of both networks.