Time: Sun Mar 16 13:18:05 1997
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	Sun, 16 Mar 1997 12:59:52 -0700 (MST)
Date: Sun, 16 Mar 1997 13:16:53 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: IRS Agent Spills Beans (fwd)

<snip>
>                IRS SPECIAL AGENT SPILLS THE BEANS!
>        -  STATES UNDER OATH IN SWORN COURTROOM TESTIMONY  -
>
>"If no information or return is filed, IRS cannot assess you!"
>
>As part of an ongoing series of reports created to show working 
>Americans the truth and facts behind the Internal Revenue Service's 
>(IRS) wrongful procedures and illegal misapplication of the law, INFORM 
>AMERICA! is pleased to make available to you this reprint from a 1992 
>issue of "Reasonable Action", the membership newsletter of the 
>Save-A-Patriot Fellowship.
>
>THE BEANS ARE SPILLED
>
>"Yes -- the truth can leak out even in the biased courtrooms of America, 
>but when IRS employees are involved, such honesty comes as quite a 
>shock! Some- times these revelations occur suddenly or unexpectedly 
>during cross examination. The official may be caught off guard just long 
>enough to spill the beans or perhaps the official may not realize the 
>implications of his own testimony. Whatever the reason, the truth is 
>revealed.
>
>In this particular case, the facts were accidentally exposed by an IRS 
>employee who had been called upon to answer a few simple questions. It 
>is doubtful that this IRS employee fully understood the ultimate impact 
>of his statements. IRS personnel sometimes suffer from a 
>comprehension-gap concerning the application of the law. If they do not 
>understand the structure of the Code [Internal Revenue Code], they can 
>not possibly understand the limitations of the law which they are 
>attempting to enforce. That being the case, any given IRS employee may 
>fall prey to the presumption that other legal provisions exist to 
>account for actions which they do not understand. Ignorance and apathy 
>play an important part in perpetuating the problem. For the most part, 
>IRS employees simply do what they are told and never question the 
>direction of superiors. To these employees, the requirement of the law 
>is irrelevant. Therefore, the authority for their activity rarely 
>figures into the equation. They just assume that their actions are 
>legal. Ask any IRS agent to outline the limitations of his legal 
>authority to sign a summons and you won't get a correct answer. Ask him 
>what provision within Subtitle F (Administration and Procedure) permits 
>the issuance of a summons and the agent will not know. Ask for the 
>delegation order to sign a summons and the answer you will hear is... 
>"I'm just doing what I way told." It is true that individual IRS 
>employees may not fully understand the limitations of the law, but their 
>superiors do understand, and the courts and legal professionals have an 
>obligation to ensure that the limitations of the law are properly 
>enforced. Excuses like "I didn't know" or "I'm just following orders are 
>not acceptable. That defense didn't work at Nuremburg, and it is 
>doubtful that it will work when IRS employees are eventually prosecuted 
>for violating the rights of the victims they have plundered. Given the 
>increasing number of what the, IRS calls "nonfilers", it is only a 
>matter of time.
>
>YOU CAN'T HIDE THE TRUTH
>
>People are discovering this scheme because the truth is leaking out. You 
>can't hide the truth. You may succeed in covering it up for a short 
>period of time, but sooner or later the truth will prevail. The 
>disclosure of IRS fraud is inevitable. At this very moment it is 
>happening throughout the country. The IRS is fully aware of the 
>impending demise of their scam. Five years ago Fred Goldberg, the 
>Commissioner of the IRS, admitted that there were 6 million non-filers. 
>Last month, Shirley Peterson (the present commissioner) admitted that 
>the number of non-filers had increased to 10 million. That's a 
>substantial increase -- almost double what it was 5 years ago. High 
>ranking IRS officials cannot help but be worried. With each leak, more 
>and more people learn and react to the knowledge that their government 
>is intentionally misapplying the law. In the case of United States of 
>America v. William R Lloyd those facts again leaked out. The defendant 
>was on trial for tax evasion and the circumstances (authority/procedure) 
>to assess became the topic of examination. Before he knew it, Special 
>Agent Gary Makovski let the cat out of the bag and actually admitted 
>that: "If no information or return is filed, Internal Revenue Service 
>cannot assess you". To understand why the testimony is so significant, 
>it is well worth reviewing the constitutional restriction on the power 
>to tax, the actual application of the income tax laws, and the authority 
>to assess those who are the subject of the law.
>
>NOT SO COMMON KNOWLEDGE
>
>The general public is unaware that the Internal Revenue Code is limited 
>in application. It cannot (per constitutional restriction) ... does not 
>... and never has been ... applied against the United States citizen 
>who is living and working within the 50 states of the union.  That 
>individual is neither the subject nor the object of the tax -- and 
>neither is his income. The application of the tax is limited to and 
>imposed upon certain occupations and/or activities. Taxable activities 
>presently include the manufacture of certain commodities like alcohol, 
>tobacco, or firearms. An example of a privileged occupation might be the 
>practice of law. But, it is the privilege associated with the 
>governments permission to engage in the activity that is the subject of 
>the tax - not the individual -- nor the income -and even then the income 
>is only the "measure" of the tax. The income tax laws were never applied 
>against citizens themselves, or their occupations in general, because 
>Congress was never granted the power to levy a "direct" tax against the 
>citizen. The power to levy a direct tax is limited to the taxing of 
>state governments only, and according to the Supreme Court, the 16th 
>Amendment merely clarified a power that Congress had "from the 
>beginning" to levy an "indirect" tax (in the form of an excise) on 
>income without apportionment; but this is not the same as, nor did it 
>allow for, a "direct" tax on the property or person of the U. S. citizen 
>unless apportioned among the states according to the formula directed to 
>be taken in Article 1, Section 2, Clause 3. All such "direct" taxes must 
>still be apportioned by the census of enumeration and billed to the 
>state governments respectively. Yes, the federal government may tax 
>"income," but it cannot tax the person or property of a citizen without 
>violating the rule of apportionment concerning direct taxes. If it did, 
>it would by virtue of its application, create a direct tax in violation 
>of Article 1, Section 9, Clause 4, and Article 1, Section 2, Clause 3 of 
>the Constitution. This is why there is no statutory liability for a 
>citizen living and working within the 50 states to pay a federal tax on 
>income. And that is why the tax is 100% constitutional.
>
>THE 16TH AMENDMENT
>
>The 16th Amendment does tend to confuse the average person. Most people 
>do not understand the difference between "direct" taxation and 
>"indirect" taxation. They assume that a "tax on income" is neither. In 
>fact, some law schools actually teach that the income tax is (in their 
>own words) a "bastard" tax that falls somewhere between direct and 
>indirect. That is incorrect. No doubt the contention arises and results 
>from a naive belief that the government would not allow the intentional 
>misapplication of the tax laws, (when in fact it propagates it) and that 
>there must be some other explanation - but, it has probably never 
>occurred to those who are of this opinion, that the taxes and the 
>resulting social programs effectively buy the public vote, and 
>strengthen the political establishment that benefits from the 
>misapplication. Such opinions exist because people are unaware of 
>Supreme Court decisions confirming that the tax on income is an 
>"indirect" tax in the form of an excise, rather than a "bastard" tax 
>that is neither direct nor indirect. It is NOT some "unique" tax, that 
>is "direct," and yet not subject to the rule of apportionment. It is 
>indirect, and by virtue of this status, it cannot be subject to the rule 
>of apportionment just as the language of the 16th Amendment reads. It is 
>therefore not applicable against a citizen living and working in the 
>United States of America (50 States). Congress has by statute identified 
>the taxable party and/or entity. The IRS has provided by regulations the 
>procedure by which the U.S. (50 States) citizen claims his/her exemption 
>from withholding -- the presentation of a statement of citizenship to 
>the employer who retains the original copy and forwards the duplicate to 
>the IRS in Philadelphia, PA with an accompanying letter of transmittal. 
>Congress has directed that those who are liable for a tax on income are 
>subject to withholding; has created a withholding agent; and, imposed 
>liability for any tax on same. The withholding agent must withhold tax 
>from anyone coming under the provisions of Internal Revenue Code 
>sections (IRC) 1441, 1442, 1443, and has imposed liability on the 
>withholding agent per section 1461. Congress has in IRC 1461 also 
>indemnified the withholding agent from claims asserted by those 
>identified in IRC section 1441, 1442, and 1443 for obeying the 
>appropriate statutes. Nevertheless, the citizen is under the protection 
>of the Constitution and Congress has been obedient to the Constitution 
>by not enacting a liability statute against a citizen living and working 
>in the United States of America (50 States).  The IRS inputs phony 
>entries to its computers in a blatant attempt to defraud U.S. citizens. 
>Congress acquiesces in this criminal activity by ignoring the pleas of 
>the citizens that improper actions of the IRS be controlled. Congressmen 
>forward to their constituents copies of IRS responses to Congressional 
>inquiries and members of Congress drop the issue by telling their 
>constituents that "the IRS has responded (see enclosed)," but the "see 
>enclosed" they mention is a copy of the IRS response to the inquiring 
>member of Congress. The constituent is then advised that if their 
>elected official "may be of service to them in the future" that the 
>elected official should be contacted without hesitation. This "drop 
>issue" letter is designed to convey to their constituents the idea that 
>the IRS response is to be assumed to be correct. This is the heart of 
>the scam. If Congress wanted to exercise control of the IRS and keep 
>them obedient to the Constitution, a different posture would be adopted. 
>Most politicians are unaware of the limited application of the tax laws 
>anyway, and most legal professionals are woefully uneducated in such 
>matters; but even assume that the income tax serves the political 
>purpose of funding programs that buy the public vote, and there is no 
>reason (other than morality) for them to rock the ship of state. The 
>political machine thus ignores, if not encourages, (by default) the 
>routine misapplication and illegal enforcement of the tax laws. That is 
>a fact of life -- and that is why our struggle has been long and 
>difficult; but considering the increase in the number of so-called 
>"nonfilers," that struggle may soon be over, and we may yet see the 
>tables turned on the illegal activities of an increasingly globalist-
>minded government.
>
>SEE NO EVIL, SPEAK NO EVIL, HEAR NO EVIL
>
>So who is to blame? Are just a few select officials responsible, or is 
>the average IRS employee also to blame and if so, to what degree? Do the 
>agents themselves know what they are doing, or is their training and 
>function within the service sufficiently limited to allow for an 
>acceptable misunderstanding as to their actual authority? Perhaps the 
>truth lies somewhere in between. The instant case may shed some light 
>and help us answer this question. The fact is, some agents are aware of 
>the limited application of the law and some are not -- possibly some 
>suspect but go along with policy for the sake of expediency, not caring 
>about their moral or legal obligations as long as they do what they are 
>told and get a pay check at the end of the week. If some agents know and 
>some don't, it is just as certain that this education was not included 
>in their training. Those who know, probably figured it out on their own, 
>or were made privy to such information by a friend or associate who was 
>higher up within the IRS. If the employee were so inclined, he could put 
>it all together and figure out what is happening. Unfortunately, most 
>have neither the character nor the where with all to do this, and the 
>hierarchy within the IRS is certainly not going to train its personnel 
>in the knowledge that would defeat the political objectives of those who 
>appoint them to office. Indeed, to ensure their very existence and 
>preserve their employment these IRS officials must "encourage voluntary 
>compliance." Were there an honest concerted effort to inform the various 
>agents of the limited application of the law, the IRS could not expect 
>them to ignorantly misapply its provisions and they might be out of a 
>job. Instead, the IRS fosters an atmosphere where their agents operate 
>in the dark. The agents have a "duty" to know, but end up making 
>incorrect assumptions, or they leap to conclusions because of their 
>incomplete education. With this in mind we will examine agent Makovski's 
>testimony to determine the extent of his actual knowledge and the 
>significance of his testimony.
>
>EVASION OF WHAT?
>
>Mr. Lloyd was on trial for alleged violations of IRC section 7201 
>(evasion of taxes). To evade a tax, one must first have a "known duty " 
>to file a return and pay a tax. Second, and more important as far as 
>evasion is concerned, there must be an outstanding "bill" or 
>"assessment" that is due and owing. In the case of someone who has not 
>filed, there must be a "presumed valid assessment" executed with proper 
>taxpayer, (notifying the taxpayer of the liability) otherwise, there is 
>nothing to evade. Now for the facts ... Mr. Lloyd did NOT file a return. 
>Moreover, he had NOT received a "bill" or "assessment," presumed valid 
>or otherwise. As a United States citizen who was not involved in one of 
>the activities previously mentioned we can make several presumptions 
>about his alleged liability or lack thereof, and the authority for the 
>IRS to assess a tax against him; all of which are relevant for 
>demonstrating the wrongful prosecution instituted by the IRS, and 
>determining agent Makovski's knowledge and intent.
>
>TO ASSESS OR NOT TO ASSESS
>
>Given the above facts, and knowing that Lloyd was not required to file, 
>(and did not) there would be no authority or procedure which would allow 
>the IRS to assess a tax. Section 6201 is the assessment authority found 
>within Subtitle F, and it reveals something which may not have occurred 
>to those IRS agents who simply "do what they are told." When no return 
>is filed, the authority to assess is limited to assessments involving 
>stamp taxes. What on earth is this statute referring to? Could it be the 
>stamps we see on a bottle of alcohol or a pack of cigarettes? When a 
>manufacturer of alcohol or tobacco products wishes to sell his goods, he 
>must purchase stamps to pay the tax associated with his taxable 
>activity, and then place the stamps on the products he sells. Did you 
>ever take the time to examine the stamps on a pack of cigarettes or a 
>bottle of alcohol? These are the stamps that this statute is referring 
>to. They are required for those products whose manufacture is the 
>subject of the excise. If they fail to pay the stamp tax associated with 
>the activity, then 6201(a)(2) provides the authority for the IRS to 
>assess a tax. If the bill remains unpaid, then it could be construed as 
>evasion for which the penalty in section 7201 might apply. Lloyd was not 
>involved in such activity. The remaining provision for assessment 
>authority (section 6201(a)(1)) pertains only to those individuals who 
>have filed returns. The information on that return is subject to 
>assessment by virtue of the fact that the return was signed under 
>penalty of perjury by the taxpayer who filed it, testifying to the fact 
>that a liability, and a requirement to file exists; and that the 
>information on the return is true and correct. If it is not correct, the 
>authority under this section allows for a correction to be made based on 
>the information that is given on the return. Under no circumstances 
>(except stamps) may the IRS assess a tax without a return being filed by 
>the taxpayer himself. Therefore, there was no authority to assess Lloyd. 
>Courts have held that an unsigned substitute return such as those 
>typically filed by the IRS when a 1040 return has not been filed "... is 
>no return at all." (Vaira v. C.I.R., 444 F.2d, citing Dixon v. 
>Commissioner, 28 T.C. 348); and that, "Since the 'returns' prepared by 
>the IRS contained no information from which a tax could be determined, 
>they were not returns" (U.S. v. Verkuilen, 822 U.S.T.C., Schiff v. 
>Commissioner, U.S.T.C. 1984 223). If a return is not filed, the IRS's 
>only recourse is to move for an indictment against the individual who is 
>presumably required to file. To do so they must cite the section of the 
>law allegedly requiring that person to file. Reference may of course be 
>made to the penalty associated with having a "known duty to file" and 
>willfully not filing the return, but even then such penalty is 
>applicable only if a person actually believes he has a requirement to 
>file and chooses to shirk that duty.  Lloyd had not filed a return and 
>there was no other provision for assessing a tax against him.
>
>THE CAT SLIPS OUT OF THE BAG
>
>Since there was no assessment, Lloyd had never received a "bill" to 
>evade, so naturally the question arose as to the assessment 
>circumstances. When Makovski was asked under what circumstances an 
>assessment was made he explained "two ways." He did not say that it was 
>limited to just two ways, but it wasn't necessary for him to elucidate. 
>The law itself provides only two ways, and agent Makovski's reference to 
>two circumstances would seem to indicate that he had personal knowledge 
>of the two provisions in law. He said ... 'First of all, whenever you 
>file a return yourself'" (emphasis on 'yourself') "and it is sent to the 
>service center, an assessment is made". He then added ... "If no 
>information or return is filed, the Internal Revenue Service cannot 
>assess you anything." To which section under 6201 was he referring? Was 
>it subsection (a)(1) or subsection (a)(2), and did it suddenly occur to 
>Makovski that there was no authority or did he know or suspect all 
>along? He obviously knew enough to answer the question! He knew that 
>Lloyd had not filed a return. He investigated Lloyd so he knew that 
>Lloyd was not involved in an activity that required the purchase of 
>stamps. He knew that there was no assessment. What's more, he knew that 
>Lloyd was on trial" for allegedly "evading" an "assessment" that did 
>not, and could not, by law exist. Therefore he had to know his 
>investigation was a fraud. If there was no authority to assess Lloyd 
>then how could Makovski investigate an "evasion" of an "assessment" that 
>could not possibly exist. If a return had been filed, then the story 
>would be different. The authority to assess under section (a)(1) would 
>have allowed for an "assessment" that could conceivably be "evaded", but 
>Makovski knew that Lloyd had not filed a return for the years in 
>question. He certainly knew from his own criminal investigation that 
>Lloyd was not involved in an occupation involving a stamp tax. So what 
>was he investigating? If no return was filed, and the authority is 
>limited to stamp taxes, then in Makovski's own words "the IRS cannot 
>assess you." Agent Makovski not only knew the law, but he 
>(accidentally?) told the truth.
>
>THE ONE HUNDRED YARD DASH
>
>We were informed by attendees of the trial that after Makovski's 
>admission the U.S. attorney put her head in her hands. The jury must 
>have understood the implication of the testimony because it took even 
>less time for the jury to acquit Lloyd than it did to pick the jury from 
>the jury pool; and, Lloyd received a standing ovation from those in the 
>courtroom as the U.S. Attorney slithered out with the Judge to avoid 
>talking with the media. This case is just one example of the coming 
>deluge of opposition to IRS fraud. The public will no longer accept this 
>flagrant disregard for the law. What will the government do? Find out in 
>the next issue of the Reasonable Action where we will look at why the 
>income tax is obsolete and review the dangers of proposed alternative 
>forms of taxation."
>
>INTERESTED IN LEARNING MORE?
>
>The Save-A-Patriot Fellowship has offered information since 1982, backed 
>by a $10,000 Cash Reward to anyone who can show a single error of fact 
>or substance. To date, no one - not a single judge, attorney, CPA or IRS 
>agent - has been able to collect the reward. We offer this same 
>information to you at a nominal cost on whichever format you choose - 
>audio, video or books. Call (800)-677-1207 PIN# 1505 and leave a message 
>spelling your name and address and stating both your day and evening 
>phone numbers. Or, from the handset of a fax machine, call 
>(703)-904-7770 and request document # 777 to immediately retrieve 
>(faxback) an information and ordering package. Thank you.
>        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>     Liberty's Educational Advocacy Forum, Indiana-FIJA, Inc. 
>                Url: http://www.iquest.net/~rjtavel/ 
>                  *************************
>                Not a high-tech law firm brochure. 
>    Dr. Tavel's Self Help Clinic and Sovereign Law Library 
>     promotes "action that raises the cost of state violence 
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>          For Liberty in Our Lifetime, R.J
>
>

========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
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========================================================================


      


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