Time: Thu Mar 27 07:51:06 1997
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Date: Thu, 27 Mar 1997 07:16:15 -0800
To: conchr-l@xc.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: SNET: Are You Going to Pay? (or File)


->  SearchNet's   SNETNEWS   Mailing List

See, in particular, IRC 7851(a)(6)(A):  General rule.

"The provisions of subtitle F shall take effect on 
 the day after the date of enactment of this title ...."

The title has never been enacted, however, and subtitle F
contains ALL the enforcement provisions, including
filing requirements, and penalties for failing to file,
etc.

Furthermore, the ONLY liability statutes for Subtitle A
income taxes are those which are listed in the definition of
"withholding agents" at IRC 7701(a)(16).  (The IRC and
Title 26 are not one and the same, until such time as
the title is enacted.)

Withholding agents are, simply, those who accept valid 
W-4 Employee Withholding Allowance Certificates.  They
withhold money which belongs to the United States, so
they (the withholding agents) are the ones who are liable
to pay it.  Until they do pay it, they remain liable.
See Treasury Decision 2313 for proof.

I am making a very deliberate, and careful, distinction
here between statutes and regulations.  Regulations are
those rules which are published in the Code of Federal
Regulations, which is considered a supplement to the
Federal Register.  The regulations which define a 
liability for federal income taxes are overly broad
for creating a liability where no statutory authority
exists for same (i.e. "citizens of the United States"
and "residents of the United States").

Without a valid W-4, "employers" are not authorized to
withhold ANYTHING from an "employee's" pay.  For 
elaboration of this point, read IRC 3402(n):  Certificate
of Exemption from Withholding in lieu of W-4.  I recommend
that People execute, instead, an Affidavit of Exemption
from Withholding in lieu of W-4, using whatever proven
historical facts they feel are relevant.

/s/ Paul Mitchell






At 12:39 PM 3/27/97 PST, you wrote:
>
>Ron Harper wrote:
>> Come on - can ya blame them?!  The same government that gunned down a 
>> boy and a mother holding an infant (weavers) all over a set-up gun 
>> "violation" is in charge of collecting taxes.  No one in their right 
>> mind - especially Paul!  - is going to make any announcement as such 
>> over the internet where it is know to have FBI informants.
>
>If it is as *legal* as *they* claim it is, then I don't see a problem 
>announcing if they do it themselves.  That's their point - they say it 
>is perfectly legal to not pay/file.
>
>These are fantastic claims and since no one can or will show me any proof 
>it works, I'm led to believe that it's just a bunch of hooey.
>
>Dave Eubanks
>---------------------------
>David A. Eubanks
>daeubank@naa.bna.boeing.com
>------------------------------------------------------
>You can unsubscribe from this conference at any time.
>Just send the command: unsubscribe conchr-l to <HUB@XC.ORG>
>
>

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