Time: Wed Aug 20 07:58:11 1997 by usr02.primenet.com (8.8.5/8.8.5) with SMTP id HAA16643; Wed, 20 Aug 1997 07:56:33 -0700 (MST) Date: Wed, 20 Aug 1997 07:55:10 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: source of "trust" #62 found (fwd) <snip> > >jcdh@juno.com >August 15, 1997 >Puerto Rico Special fund (Internal Revenue) > >It has been pointed out that in 31 USC 1318, number 62 in the listing of >trusts, is "Puerto Rico Special fund (Internal Revenue)." The specific >act of Congress that created this trust has never been cited by anyone to >my knowledge. Some have said that it dates back to around 1904-but no >specific cite. > I assume that others, like I, have looked in the Congressional statute >books of 1904 and later, seeking the act that created this trust , and >like me, have not found it . That it has not been found is evidenced by >the usual statement that this trust dates back to around 1904. I believe >this is as the Philippine trust is of this approximate date. They can be >found so a trust fund that cannot be found, and has a similar form of >name and character as the Phillippine trust, is given the same >generalized date. The "Puerto Rico Special fund (Internal Revenue)" >was created by an act in 1900, specifically the fifty-sixth Congress, >Chapter 191 section 4. This section provides that duties and taxes >collected in Puerto Rico be >held as a separate fund from the general treasury. It also states that >these funds will later revert to the government of Puerto Rico . >The revised statutes, index volume, 1874-1931 lists funds held in the >"Treasury of the United States". The "Puerto Rico Special fund (Internal >Revenue)" is not listed . Note the wording "Held in the Treasury of the >United States." It is not listed as it was not, in 1931, being held by >The Treasury of the United States. It was a "government " fund, but not >held by the Treasury AT THIS TIME. > >Chapter 756, June 26, 1934 says: [20(a)] "The funds appearing on the >books of the government and listed in subsection b and c shall be >classified on the books of the Treasury as trust funds." This Act did >two things: 1) all Funds held by the government were assigned to the >Treasury, and, 2) it changed the name of FUNDS to TRUSTS. The list >of Treasury-held Trusts is on PPS. 1223-4, includes, as #62, Puerto Rico >special fund (Internal Revenue). This 1934 Act trasferred the Puerto >Rico special fund (Internal Revenue) from the category of a >government-held >fund to a Treasury-held trust. >Note that it said they shall be "classified " as trust funds. The trust >is a contract between the maker and the trustees, singular or plural. >Saying that funds shall be classified as trusts does not make them into >trusts. The last portion of Section 4 of the 1900 Act, provides that >the moneys collected into this separate fund shall be later transferred >into the Treasury of Puerto Rico. When all the funds were transferred, >it left a fund with a zero balance. A trust normally goes out of >existence when it has nothing to administer. This is a "trust" in name >only. A fund with nothing to administer simply has a zero balance and >may continue in existence as the Act forming it did not provide that it >should go out of existance. > >It appears that his is how trust fund No. 62, Puerto Rico special fund >(Internal Revenue) came to exist. No one has found an act specifically >creating this trust, because it is only a fund that was renamed and >transferred from "government" to "Treasury" control in 1934. > >Additional information and other interpretations of this information are >invited. If you want photocopies of these documents, please let me know. > I know that in certain definitions of title 27, Agents, etc. are " of >Puerto Rico ", however I do not recall having seen any definitive >information that shows that what we know as the IRS is, in fact, related >to, or an operating front of trust fund No. 62, Puerto Rico special fund >( Internal Revenue) If anyone has this information kindly let me know >citations. Or where to look. >. >Rusty, please share with Eddie. > jc ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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