Posted by Paul Andrew Mitchell, B.A., M.S. on September 01, 1998 at 15:39:55:
In Reply to: Re: IRS Fraud posted by Christopher J. Porsch on September 01, 1998 at 14:07:16:
: : Sorry for the previous post, I hit the wrong button.
: : Below is the site for Larry Becraft. A Brief on the Income tax and whether a direct tax or an excise tax.
: : I would like to send this to the IRS along with a few questions so as to Box in the Dog so to speak.
: : i.e. Provide constitutional references to the term “income” as defined in the IRC. and others of a much more enticing nature. Anyone have suggestions? Larry's site http://www.networkusa.org/index.shtml go to UNCERTAINTY OF THE LAW or directly(http://fly.hiwaay.net/~becraft/UNCERTAIN.html)
: : Put this Brief on file with the IRS and should they come after you for Willful Failure to File you will have a lot of ammo in this.
: I was wondering if it is actually true, that an individual can "volunteer" out of the tax system. If they do, what repercussions would they face?
Yes, the IRC has provisions for expatriating
to avoid the tax. One would do this, for
example, by renouncing federal citizenship
and choosing state Citizenship instead.
The IRC is a municipal code, with a territorial
jurisdiction bounded by the federal zone.
State Citizens enjoy a constitutional
immunity against direct taxation without
apportionment. See 1:2:3 and 1:9:4.
Pursuant to Treasury Decision 2313, state
Citizens are nonresident aliens with respect
to the federal zone, i.e., the territory
over which the federal government has
exclusive legislative jurisdiction.
The regulations at 26 CFR 1.1-1 impose the
federal income tax on citizens of the
United States and residents of the
United States. The term "United States"
in these provisions means "federal zone".
See the winning case of Knox v. U.S. et al.,
USDC, San Antonio, Texas (decided
circa 1991), which rendered a state
Citizen's tax liability res judicata.
/s/ Paul Andrew Mitchell, B.A., M.S.
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