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REBUTTED VERSION of the IRS PUBLICATION: “THE TRUTH ABOUT FRIVOLOUS TAX ARGUMENTS” Date of Last Update: 10/18/08

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REBUTTED VERSION of the IRS PUBLICATION: “THE TRUTH ABOUT FRIVOLOUS TAX ARGUMENTS” Date of Last Update: 10/18/08 REBUTTED VERSION OF THE IRS PUBLICATION: “THE TRUTH ABOUT FRIVOLOUS TAX ARGUMENTS” Date of last update: 10/18/08 PREFACE This document is a rebutted version of the following document downloaded from the IRS Website at: The Truth About Frivolous Tax Arguments http://www.irs.gov/pub/irs-utl/friv_tax.pdf We provide our rebuttals to the false arguments presented by the IRS in brown Times New Roman text surrounded by a box. IRS comments use Arial black font. These rebuttals are based on information freely available on the worldwide web within the following resources: 1. Flawed Tax Arguments to Avoid, Form #08.004 http://sedm.org/Forms/FormIndex.htm 2. Rebutted Version of Congressional Research Service Report 97-59A: Frequently Asked Questions Concerning the Federal Income Tax, Form #08.006 http://sedm.org/Forms/FormIndex.htm 3. Rebutted Version of Tax Resister FAQs by Dan Evans, Form #08.007 http://sedm.org/Forms/FormIndex.htm 4. Policy Document: Rebutted Arguments Against This Website, Form #08.011 http://sedm.org/Forms/FormIndex.htm 5. Test for Federal Tax Professionals, Form #03.009 http://sedm.org/Forms/FormIndex.htm 6. Tax Deposition Questions, Form #03.016-expanded version of We The People Truth in Taxation Hearing Questions and evidence http://sedm.org/Forms/FormIndex.htm We encourage you to send a copy of this document to your Congressman and/or the IRS and politely tell them you want some answers as to the following important questions: 1. Where the IRS gets the authority to regulate private conduct, such as YOUR conduct at work. The only thing the government can lawfully regulate is “public conduct” and not “private conduct”. The Supreme Court has held that the ability to regulate private conduct is “repugnant to the constitution”. “The power to "legislate generally upon" life, liberty, and property, as opposed to the "power to provide modes of redress" against offensive state action, was "repugnant" to the Constitution. Id., at 15. See also United States v. Reese, 92 U.S. 214, 218 (1876); United States v. Harris, 106 U.S. 629, 639 (1883); James v. Bowman, 190 U.S. 127, 139 (1903). Although the specific holdings of these early cases might have been superseded or modified, see, e.g., Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964); United States v. Guest, 383 U.S. 745 (1966), their treatment of Congress' §5 power as corrective or preventive, not definitional, has not been questioned.” [City of Boerne v. Florez, Archbishop of San Antonio, 521 U.S. 507 (1997)] The above explains why: 1.1. Everyone who participates in federal franchises has to become a “public officer”. See: Government Instituted Slavery Using Franchises, Form #05.030 http://sedm.org/Forms/FormIndex.htm 1.2. All “taxpayers” are “public officers” within the government. 1.3. The tax is upon a “trade or business”, which is defined in 26 U.S.C. §7701(a)(26) as “the functions of a public office”. 1.4. You cannot earn “income” unless an information return is filed against you and 26 U.S.C. §6041(a) says that these information returns cannot lawfully be filed against you unless you are engaged in a “trade or business”. 1.5. Those not engaged in the “trade or business”/”public office” franchise and not receiving government payments cannot earn “gross income” or “taxable income”. 1.6. Those eligible for Social Security are referred to in the code as “federal personnel”. See 5 U.S.C. §552a(a)(13). Rebutted Version of IRS “The Truth About Frivolous Tax Arguments” i Version 1.19 1.7. Social Security Numbers are identified not as YOUR property, but that of the government. 20 C.F.R. §422.103(d) says that the numbers belong not to YOU, but to the Social Security Administration. If someone asks you what is YOUR number, if you give them an answer, you just admitted that you work for the Social Security Administration and that you are a government employee on official business. It is ILLEGAL to use public property for a private use. 1.8. IRS envelopes say prominently in the upper left corner “Penalty for private use $300”. They are sending the letter to a “public officer” called a “taxpayer” who is engaged in a government franchise or “public right”! For details, see: Why Statutory Civil Law if Law for Government and Not Private Persons, Form #05.037 http://sedm.org/Forms/FormIndex.htm 2. How can Congress lawfully delegate its power to COLLECT taxes conveyed under Constitution Article 1, Section 8, Clauses 1 and 3 to an ostensibly Executive Branch bureau within the Treasury? America was founded on the requirement for taxation with representation. The TAXING and the REPRESENTATION must concur in the SAME physical person, and that person was supposed to be in the House of Representatives. That is why the Constitution requires all spending bills to originate in the House of Representatives: Because those who raise the funds within their district are supposed to be the SAME ones who spend it! That is also why members of the House are reelected every two years: because if they get too greedy at tax collection, we can fire the bastards. 2.1. The separation of powers does not permit Congress to: 2.1.1. Delegate ANY of its functions to the Executive Branch. “. .a power definitely assigned by the Constitution to one department can neither be surrendered nor delegated by that department, nor vested by statute in another department or agency. Compare Springer v. Philippine Islands,277 U.S. 189, 201, 202, 48 S.Ct. 480, 72 L.Ed. 845.” [Williams v. U.S., 289 U.S. 553, 53 S.Ct. 751 (1933)] 2.1.2. Separate the taxation and the representation functions in two different branches of the government. 2.2. The reason the IRS can be in the Executive Branch without violating the Constitutional separation of powers and the reason it is a “bureau” rather than an “agency” within the Treasury Department, is because it collects kickbacks from federal officers, instrumentalities, and employees (see 26 U.S.C. §6331(a)) who work for the government, and may not interact directly with the private public. Bureaus serve agencies within the government while agencies interact directly with the public. That is why it is called the INTERNAL Revenue Service: It may only lawfully collect kickbacks disguised to look like legitimate taxes from employees and instrumentalities of the government and not the public at large. Below is an admission of this from the Dept. of Justice: Figure 1: Admission by Warren S. Derbridge, U.S. Attorney 3. Exactly what a “trade or business” is, so that those who don’t wish to engage in this privileged, excise taxable activity can exercise their free choice by lawfully avoiding it. See: The “Trade or Business” Scam, Form #05.001 http://sedm.org/Forms/FormIndex.htm 4. Why the DOJ are not prosecuting private persons not lawfully engaged in a public office in the government for criminally impersonating a public officer in the U.S. government in violation of 18 U.S.C. §912 and for fraud pursuant to 26 U.S.C. §§7206 and 7207. 4.1. The IRS 1040 Instruction Booklet deliberately does not admit that the form is only for use by those engaged in a “trade or business”, even though this is the case. The 1040 form is trying to impose an excise tax on the “trade or business” franchise and make the existence of the franchise invisible through indirection. See: 26 U.S.C. §864(c )(3) and 26 U.S.C. §871(b)(2). Rebutted Version of IRS “The Truth About Frivolous Tax Arguments” ii Version 1.19 4.2. 26 U.S.C. §7701(a)(26) defines a “trade or business” as “the functions of a public office” in the U.S. government. Nowhere are private earnings or private labor mentioned in the definition and therefore they are purposefully excluded pursuant to the rules of statutory construction: “Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d. 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded.” [Black’s Law Dictionary, Sixth Edition, p. 581] 4.3. Everything that goes on the 1040 Form is subject to “trade or business” deductions under 26 U.S.C. §162 and therefore MUST be associated with the “trade or business” excise taxable activity and franchise. 4.4. I.R.C. Section 1 imposes a tax on “taxable income” but very conveniently doesn’t indicate the excise taxable “trade or business” franchise as the REAL subject of the tax. 4.5. You have to go all the way to 26 U.S.C. §871(b)(1) to find out that everything in I.R.C. Section 1 is associated with the “trade or business” excise taxable franchise. TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter N > PART II > Subpart A > § 871 § 871. Tax on nonresident alien individuals (b) Income connected with United States business—graduated rate of tax (1) Imposition of tax A nonresident alien individual engaged in trade or business within the United States during the taxable year shall be taxable as provided in section 1 or 55 on his taxable income which is effectively connected with the conduct of a trade or business within the United States.
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