Incarceration for Income Taxes Is Illegal

by Irwin Schiff

Irwin Schiff has fought the occupational hazard for every “politically correct” society, the income tax “war” for several de- revolutionary who’s tried to tell bottom line in incarceration is cades. He is arguably the father truths that contradicted govern- government’s attempt to terror- of the modern tax resistance ment lies. As a result, govern- ize its own citizens into “politi- movement. He’s published sev- ments that were most corrupt cally correct” behavior. That is, eral books on the IRS, appeared also tended to have the highest in some instances, a highly publi- on hundreds of radio and TV pro- incarceration rates. cized incarceration is not only an grams, and also been jailed three Today, the United States assault on the person jailed, it’s times for challenging the IRS’s au- jails a higher percentage of its also an assault by threat upon the thority. people than any other nation on American people. Government His article illustrates some of the face of this earth. As a re- jailed Irwin behind bars of iron, the contradictions, omissions, sult, although we are still wary of but in doing so, also “jailed” large and “peculiarities” that populate “ex-cons”, incarceration is no numbers of Americans behind the Internal Revenue Code (IRC) longer an automatic badge of bars of fear. and also demonstrates Mr. shame. Yes, there’s a bunch of But make no mistake. Even Schiff’s fighting spirit. Yes, he’s bad guys in the slammer who ab- if Mr. Schiff is 100% correct, chal- lost three cases to the IRS and solutely belong there. But in- lenging the tax man is a risky been jailed for several years. On creasingly, there’s also a bunch business. It’s not enough to the basis of his losses and sub- of good guys whose fundamen- know the law, you must also sequent incarceration, the qual- tal “crime” was “felonious politi- avoid the courts where law is ir- ity of his recommendations is cal incorrectness”. That is, with- relevant and convictions pre- suspect and can’t be regarded as out damaged persons or prop- sumed. “legal” advice. After all, if Irwin’s erty, and no constitutional viola- No matter. Schiff continues so smart, why’d he get jailed tions, people are still thrown in to educate and inspire thousands three times? jail. of other tax resistors, and has ar- On the other hand, why More importantly, the rea- guably precipitated more collec- hasn’t the IRS jailed him four son for incarcerating the consti- tive grief and expense for the IRS times? Or five? And having jailed tutionally innocent is not merely than any other living man -- which him three times, why’d govern- to punish them, but to use them is probably why he’s been jailed. ment ever let him back out? The as an example to “deter” (terror- But that fact that Schiff hasn’t quit answer may be this: Based on ize) the public from the same sort shows government “deterrence” his years of study and experi- of politically incorrect behavior. is a weak, unreliable threat as ence, Mr. Schiff knows both Therefore, it’s quite possible that compared to the strength of truth “what’s right” (income taxes are government didn’t jail Irwin Schiff and the spirit of the American “voluntary”) and “what is” (you merely to punish him so much as people. Schiff got jailed three can be jailed for doing what’s scare you and me away from be- times. Schiff got out three times. right). Since time began, incar- lieving what Schiff says or acting Schiff didn’t quit. That must bug ceration (or worse) has been an on his recommendations. In a the hey out of government.

54 Volume 7, No. 3 AntiShyster www.antishyster.com [email protected] here are a number of have any “income” subject to an ports to tax – not be “void for Treasons which make a “income” tax, since the word “in- vagueness”? mandatory income tax unconsti- come,” for tax purposes, means l All IRS seizures for income tutional: a corporate profit. If anything we tax are illegal. Unlike the Bureau l The three taxing clauses have a “profits” tax, not an “in- of Alcohol, Tobacco and 'irearms in the Constitution establish two come” tax. (BAT'), the IRS is by statute, only general classes of taxes: “excise” l If the income tax were an administrative agency without taxes (which must be imposed on mandatory, it would have to be any enforcement powers. Al- the basis of uniformity) and “di- declared “void for vagueness,” by though they make almost three rect” taxes (which must be im- any legitimate court since no one million illegal seizures and liens posed on the basis of apportion- (let alone someone of average each year, IRS agents have no ment). All federal taxes, in order intelligence) can understand our more legal authority to seize to be mandatory, must be im- income tax “laws”. According to property and impose IRS liens posed on one basis or another. former IRS Commissioner and than Department of Education (See Pollock v. ;armer’s Loan and head of the Justice Department’s clerks. 'or proof, read section Trust, supra; and Brushaber v. Tax Division Shirley Peterson in 7608(a) of the Code. You’ll see Union Pacific RR 240 U.S.). Since an April, 1993 speech at South- that IRS agents have authority to the income tax is imposed on nei- ern Methodist University in Dal- issue summons, make seizures, ther basis (though the Court in las, Texas: etc. only in connection with liquor, Brushaber [incorrectly] held the “Eight decades of amend- tobacco and firearms taxes. tax to be an excise), its payment ment and accretions to the Code Section 7608(b) authorizes can not be made mandatory. have produced a virtual impen- only Special Agents to act with re- And, obviously, no one can be le- etrable maze. The rules are un- spect to all other taxes - which gitimately prosecuted with re- intelligible to most citizens — in- supposedly includes income spect to a tax not imposed pur- cluding those holding advanced taxes. However, the job descrip- suant to the Constitution. degrees and including many who tion for Special Agents in their l The 16th Amendment specialize in tax law. The rules own “Organization and Staffing” (which allegedly legalizes the in- are equally mysterious to many manual (MT 1100-344, par 1132 come tax) did not amend the Con- government employees who are 75, 1-6-87) only authorizes them stitution nor did it give the gov- charged with administering and to “enforce the criminal statute ernment any new taxing powers enforcing the law . . . The overall applicable to income, estate, gift, — such as the ability to impose a cost of compliance reaches into employment, and excise taxes ... direct tax on “income” without the hundreds of billions of dol- involving United States citizens re- apportionment (see Brushaber, lars . . . The key question is: can siding in foreign countries and non- supra and Stanton vs. Baltic Min- we define ‘income’ in a fair and resident aliens subject to 'ederal ing Co, 240 U.S. 103). reasonably straightforward man- income tax filing requirement....” l Despite the claim in its ner? Unfortunately, we have not The combination of Section caption, Section 61 of the IRC yet succeeded in doing so.” 7608 and the Special Agents’ job does not define “Gross Income” So how can a tax law which description proves no IRS agent (since a word can not be defined even a former IRS Commissioner has lawful authority to bother any with itself). Therefore, “income” admits is, “impenetrable . . . unin- citizen living within the 50 states is not defined in the Code (see telligible . . . mysterious,” – and with regard to income taxes. U.S. v. Ballard 535 '.2d 400,404). doesn’t even define what it pur- Since there’s no income tax with 'urther, Congress has no power to define the meaning of “income” since by doing so, it would be Powers, Sean The Phoenix Group amending the Constitution by leg- 1/6 5K 101PAID Contractual Business Entities islation alone (see Eisner v. Experience (documented by court cases) since 1975 Macomber 252 U.S. 189, 206). However, the Supreme Court de- Tax avoidance * Liability protection * Probate Protection fined “income” to mean a “gain or increase arising from corporate Common-law Trusts are not what you think! activities” (see Doyle v. Mitchell, Learn what they are, why they often fail, and how they can work! 247 U.S. 179, and Merchant’s Loan and Trust Co. v. Smietanka. 255 Hours of on-line information at http://www.mysticbird.com U.S. 509, 518,519). Therefore, no unincorporated American can or call 541-318-1340

Volume 7, No. 3 AntiShyster www.antishyster.com [email protected] 55 respect to any citizen living the IRC’s table of contents. There you were denied your Sixth within the 50 states, how could you’ll see a number of entries for Amendment right to a fair trial be- tax collectors be authorized to a variety of federal taxes. 'or cause of “ineffective counsel”. bother anyone in connection example, if you read under each And this is only one of many is- with such a “tax”? heading involving Alcohol, To- sues that can be raised in a ha- l All IRS tax liens are filed bacco and Occupational taxes, beas corpus petition charging “in- illegally. All states require that you’ll see subheadings directing effective council” — or in a mal- federal tax liens be certified by you to Code sections dealing with practice suit against the attorney either the Secretary of the Trea- the “liability”, “payment”, and “pen- who “defended” you. sury or someone with the del- alties”. Why there are no laws re- egated authority to certify such Turn to the heading for In- quiring anyone to pay income liens. Since federal tax liens are come taxes, and see if you can taxes? Because if federal income never certified, nor signed by the find similar subheadings for liabil- “tax” “laws” were mandatory, they Secretary of the Treasury, or any- ity, payment, and penalties. You would violate all of the one else with the delegated au- won’t find any. Constitution’s three taxing thority to do so, they are re- What does this tell you? It clauses, as well as the 1st, 4th, corded in violation of both fed- tells you that there are no laws 5th, 6th, 13th and 16th Amend- eral and state law. establishing a “liability” for income ments to the Constitution. To taxes, or requiring anyone “to avoid being ruled unconstitu- s incredible as it seems, pay” such a tax. It also proves, if tional on these and other Athere are no laws mak- your are in jail for tax evasion or grounds, the payment of this “tax” ing alleged income tax offenses for willful failure to file (violations was not made mandatory. That’s crimes, and no court was ever of IRC sections 7201 & 7203), why the IRS continually refers to given jurisdiction to prosecute you are in jail illegally, since you the “voluntary compliance” nature anyone for committing any such could not “evade” or “fail to file” a of this “tax.”1 offenses. return in connection with a tax To quickly prove that there that: 1) no statute required you o why do people go to are no crimes — or civil penalties to pay; 2) no statute made you Sjail for violating income — involving income taxes, read “liable” for; and 3) no statute cre- tax laws that don’t exist? They ated a penalty. In addition, if you do so because of the rampant turn to 7402(f) (the IRC jurisdic- corruption that exists on the fed- Douglas,Shannar“The New Chew 1/6 5K 101” tional section), you’ll see that sec- eral bench and/or because of the ChewingPROM Brush tion only gives federal courts general incompetence of the law- “civil” jurisdiction in connection yers who defend them.2 If the with Title 26. There is no men- American public really knew what NO HANDS tion of “criminal” jurisdiction. was going on, practically every NO WATER 'or comparison purposes federal judge — and most Justice NO TOOTHPASTE check 8 U.S.C 1329. That sec- Department attorneys — would tion provides that with regard to be behind bars, since most of THE NEWEST Title 8, district courts “shall have them have been involved in ille- BREAKTHROUGH jurisdiction of all cases, civil and gal 26 U.S.C. 7201 and 7203 pros- IN DENTAL HYGIENE criminal, arising under any of the ecutions. Thus they have “con- provisions of this title.” [Emph. spired,” in numerous prosecu- Just pop the chewing brush add.] However no similar men- tions, “to injure (and) oppress tion of “criminal” jurisdiction ap- (such defendants) . . . in the free in your Mouth and chew pears in IRC 7402(f). exercise (and) enjoyment of (nu- your way to Brighter, Whiter, Therefore, if you are incar- merous) rights and privileges se- Healthier Teeth And Gums. cerated for failing to file, at the cured to (them) by the Constitu- Great Breath Freshener very least, you have: 1) a habeas tion (and) laws of the United corpus action charging that the States” in blatant violation of the The Chewing Brush is federal judge in your trial lacked provisions contained in 18 U.S.C. 100% Natural subject matter jurisdiction; and 2) 241. These illegal prosecutions since I doubt your attorney raised are designed to intimidate and Chew Anywhere. Anytime… the issue of criminal jurisdiction coerce the public into paying a For Information: in a pretrial motion to quash your tax that is not legally required and [email protected] indictment or information, or ad- into accepting collection proce- dressed this issue on appeal -- dures that are barred by numer-

56 Volume 7, No. 3 AntiShyster www.antishyster.com [email protected] ous clauses of the U.S. Constitu- 'or further clarification, read tion. the IRS’s own “Handbook for Spe- FrFreeee How does the Constitution cial Agents” paragraphs 342.12 bar IRS collection procedures? and 342.15 (1-18-80), which read: AntiShyster Let me count the ways. 'irst, “(1) An individual taxpayer since all information on a 1040 may refuse to exhibit his/her Magazines can be used against you, there books and records for examina- at the can be no law requiring you to tion on the ground that compel- give it; any such law would be in ling him/her to do so might vio- AntiShyster obvious violation of an Ameri- late his/her right against self-in- cans’ 5th Amendment right crimination under the 'ifth Website against being compelled to be a Amendment and constitute an il- witness against himself. How- legal search and seizure under complete copies of ever, you can waive that right, if the 'ourth Amendment. (Boyd v. recent AntiShyster you were first given a “Miranda U.S.; U.S. v. Vadner.)” warning” . . . and, sure enough, The next paragraph (“Waiver magazines can be the 1040 instruction booklet of Constitutional Rights”) ex- warns you that, with respect to plains that those who turn over downloaded from the information you put on a their books and records to the 1040, the IRS: IRS waive constitutional rights in http:// “. . . may give the informa- doing so, since an individual can, www.antishyster.com tion to the Department of Justice “. . . claim immunity before the and to other 'ederal agencies, as Government agent and refuse to provided by law. We may also produce his books. After the income tax return because (he give it to the states, the District Government has gotten posses- correctly concluded) if he filed of Columbia, and U.S. common- sion of the information with his and reported his illegal income wealths or possessions . . . . And consent, it (is) too late . . . to claim they could prosecute him with for we may give it to foreign govern- constitutional immunity.” [emph. bootlegging, and if he filed but ments.” added] didn’t report it, they could pros- Obviously, all those govern- 'rom these entries in the ecute him for tax evasion. There- ments and governmental agen- IRS’s own manual, we can learn a fore, he did what any logical, in- cies who want such information, lot about the nature of the income telligent person would do under want it so they can use it against “tax” and the federal courts’ sup- the circumstances: he filed noth- you -- and government tells you porting duplicity. This handbook ing. He was subsequently pros- so in the 1040 instruction booklet. admits that – for constitutional rea- ecuted and convicted for failing If, despite this warning, you give sons – individuals can’t be required to file an income tax return. And the IRS the information, you are to turn over their books and in what is one (Sullivan v. U.S. 15 saying “It’s okay with me if all records to the IRS since the in- '.2d 809, 4th Circuit) of only two3 these agencies use this informa- formation they contain can be honest federal court decisions tion against me.” But is it really used against them. Therefore, can involving income taxes, the “okay” with you? Of course not. individuals be required to turn 'ourth Circuit Court of Appeal re- That’s why government buries its over a summary of their books versed his conviction, and ruled: Miranda warning in the gobbledy- and records? Obviously not. But 1. Requiring Sullivan to file a gook of its “Privacy Act and Pa- what is a 1040, if not a summary tax return would be “in conflict perwork Reduction Act Note”; it of your books and records? Since with the 'ifth Amendment.” knows the public won’t notice it, all information on a 1040 can be 2. The language of the 'ifth or recognize its significance even used against you (just like infor- amendment must “receive a lib- if they do notice it. mation in your books and records) eral construction by the courts.” But why don’t tax liars -- I – if you can’t be required to turn 3. No one can be compelled mean tax lawyers -- explain this over your books and records on “in any proceedings to make dis- warning (and its significance) to constitutional ground’s, on the closures or to give evidence which their clients? If yours didn’t, you same grounds, you can’t be re- tends to incriminate him or subject have the basis of a malpractice quired to supply such information him to fines, penalties or forfei- suit — especially if you were con- on a 1040. tures.” victed on the basis of a tax re- In 1926 a South Carolina 4. The 'ifth Amendment “ap- turn your tax liar – ahh, tax law- bootlegger and automobile plies alike to criminal and civil pro- yer — advised you to file. dealer decided he couldn’t file an ceedings.

Volume 7, No. 3 AntiShyster www.antishyster.com [email protected] 57 5. “There can be no ques- be computed.” Not only is this a for the drugs he sold? Can a tion that one who files a return total perversion of what the Su- judge report how he split his under oath is a witness [against preme Court actually held in bribes with the court clerk? Can himself] within the meaning of the Sullivan, but it is an impossible le- the dealer show and deduct ['ifth] Amendment.” (brackets gal conclusion given the obvious, whatever he paid to pilots, hit added) uncontested and irrefutable con- men and cops he had on his pay- Thus, the 1927 Sullivan de- tentions in the appellate court de- roll, overlooking the many other cision would have ended the in- cision, which was reversed on business deductions involved in come taxes right then and there other grounds. But perversions distributing drugs? Are criminals — on 5th Amendment grounds of law and the Constitution are therefore allowed to merely re- alone. However, government ap- routine in federal court decisions, port their net (after deductions) pealed to the Supreme Court, and quite in keeping with the income and not their gross? But which — in a totally fraudulent character of that bench.4 if they can, why can’t legitimate decision — saved the income tax. business men do the same thing? In reversing the Appellate Court, ecause federal courts so Clearly, for a taxpayer to re- Justice Oliver Wendell Holmes, Btotally perverted the port only a composite “net” in- who wrote the decision for the Sullivan decision, they now en- come, he must claim that his in- Court, did not contradict any of force some totally untenable po- come was earned illegally. the above claims made by the sitions. The fact that they get Wouldn’t that incriminate him? 'ourth Circuit. Space will not per- away with it is a tribute to the ig- Aimes, the Russian mole in the mit me to analyze the fraudulent norance of the American public CIA, was convicted of espionage basis of Holmes’ decision; how- and the media concerning the and also tax evasion, because he ever in that decision, he did hold Constitution. If, as our “courts” didn’t pay income taxes on the that Sullivan could “test that or claim, you are required to report millions he received from the any other point” on his return. In illegal income, how can you do USSR. According to our “courts” other words he held that Sullivan so without incriminating yourself? and Justice Department, had he could have taken the 'ifth in con- “Well,” say our honorable judges, reported the money he received nection with each, individual ques- you can do so by reporting it as from the USSR as “miscellaneous” tion asked on an income tax re- “miscellaneous”’ income, and income, that would not have in- turn. since you are not identifying the criminated him. If so, picture this: Subsequently, lower federal “source” you will not be incrimi- assume that Aimes’ CIA salary courts totally misrepresented nating yourself. This, of course, was $75,000 and in the same year what Holmes said, and claimed is pure, unadulterated b.s. since he received $1,000,000 from the that he said that Sullivan could there’s no way you can report il- Soviet Union. He could report only have taken the 'ifth in con- legal income without incriminat- “$75,000 in wages and nection with the “sources” of his ing yourself. $1,000,000 “miscellaneous” on income, but that he was still re- 'or example, how can any his 1040 without incriminating quired to report the amount of his criminal (including drug dealers himself? Had he done so, coun- income. Thus, lower courts took and corrupt judges) report ille- terintelligence officers would a fraudulent Supreme Court de- gal income without incriminating have been all over him the next cision and compounded its fraud himself? Can he report his gross day. even further, and now maintain “it income without listing his “busi- And Pollard, who worked in is not a return unless it contains ness” deductions? Can a dealer the navy code room, was con- information from which a tax can report and deduct what he paid victed of spying for Israel and was also convicted of tax evasion, be- Avoid Land Regulations cause he did not report and pay taxes on the money he received & Stop Paying Property Taxes from Israel, which, I believe, for one year was $100,000. So, sup- LEGALLY! pose in that year he reported his salary from the navy as $18,000 Guaranteed Process * Money Back Guarantee and also reported on his 1040 For Information send (Postage & Copy Costs Donation) $10 to: “$100,000 miscellaneous in- No Tax Academy come.” If Naval Intelligence didn’t get on his case the next day, how c/o 1624 Savannah Road AS Lewes, Delaware (19958) - 9999 intelligent could be our Navy be? www.peoples-rights.com or call toll-free: (877) 544-4718

58 Volume 7, No. 3 AntiShyster www.antishyster.com [email protected] hile incarcerated, I met while driving, and issuing a sec- Wmany inmates whose ond ticket for failing to report the DARK AVATAR lawyers got them to plead guilty fact that you didn’t fasten your to both committing some crime seatbelt. By enforcing their own 3 TAPE and also for evading the tax on fraudulent and lawless decisions SPECIAL the illegal income generated by (instead of enforcing the statutes HE’S ALIVE those crimes. Invariably all such as written) our lawless federal inmates admitted that they would judges have, by themselves, suc- have loved to report their illegal ceeded in creating and enforcing income and pay the tax on it, so a “law” that Congress could they could spend the proceeds never have passed. Can there be openly. But they didn’t report it, any doubt that the greatest col- not to evade the tax but to avoid lection of criminals in America sit incriminating themselves. Obvi- on the federal bench? ously, if an individual earns $100,000 legitimately and only re- f you are “required” to give ports $50,000, he fails to report Iany information to the Money Back Guarantee $50,000 in order to evade the government on a tax return, then Where did he disappear? tax. But if a man earns $50,000 that information is compelled. But Psychics saw his birth on Feb. legally and $50,000 illegally, does government can’t use compelled 5, 1962, the day seven planets he fail to report the $50,000 he testimony against you in a crimi- aligned in Aquarius, a year after earned illegally in order to evade nal trial. 'or example, suppose the discovery of DNA. He was the tax? No, he doesn’t report it you’re passing a jewelry store born in Bergama Turkey and van- because he doesn’t want to in- (which had just been robbed), ished on October 12,1982. criminate himself. Obviously, three cops grab you and claim Why does an ancient Biblical these people did not seek to you were the robber. You deny riddle assign AD. 1982 as the year “evade” the tax on their illegal in- it, but one starts twisting your beginning a spiritual dark age? come. So all those people who arm behind your back, while the Now he is due to return. For — on advice of counsel — pled other two hold you, and he says, your own safety, you are urged guilty to tax evasion for failure to “Unless you sign this confession to send for this three cassette report illegal income were sold admitting you broke in and tape SPECIAL. The first 90-min. down the river by their lawyers. robbed this store, I’ll break your tape lecture gives details of this At most, they could only have arm off, right here and now.” So shocking ancient riddle. Tape two been subject to civil -- not crimi- what do you do? You sign the details the strange circum- nal -- penalties (though the law, form. Why? Because you don’t stances of the child’s birth and as shown in the IRC’s Table of want your arm ripped off. Is your his unique genetic code. Tape Contents does not even provide “confession” worth anything (as- three reveals how an Apollo for civil penalties). suming it could be easily proven class asteroid collides with the Since there is no way any- that your arm was being twisted earth in July. one can report illegal income at the time you signed it)? Send $12. (+$4. S&H). Ask for without incriminating themselves, Suppose you were later the claim by the courts that one charged with robbing that jew- “Dark Avatar tapes.” must report illegal income is spe- elry store (which you subse- (Outside USA send $21. in cious on its face, and amounts to quently denied) but at trial the Postal Money Orders only.) Congress having passed a law prosecutor introduces your requiring all those who commit signed “confession.” Suppose crimes to confess to committing your lawyer knew that at the time Toll free Credit Card orders: them; and if they don’t confess, you signed it, three cops were and are caught, they then can be holding you and threatening to 1-877-742-5004 charged with committing two “twist your arm off, if you didn’t crimes, the crime they committed sign it,” but he doesn’t point this PROPHECY and the crime of not reporting the out to the court, doesn’t raise INSTITUTE crime they committed. Would any any objection, and allows your such law, if passed by Congress, “confession” to be admitted and PO BOX 21, DEPT. G, be held constitutional? Of course used against you — as if it were KEENE, TX 76059 not. It would be like issuing a given voluntarily. www.prophecyinstitute.com ticket for not wearing a seatbelt Suppose your were con-

Volume 7, No. 3 AntiShyster www.antishyster.com [email protected] 59 Trust Co, 158 U.S. 601, wherein Strategic Withdrawal III by Burney Brushears the Supreme Court declared the The Complete Book On How To Remove Legal Disabilities Income Tax Act of 1894 unconsti- tutional. Between Pollock in 1895 Reclaim ALL of Your God-Given Rights and Immunities and Sullivan in 1927 there might Tested legal remediesStricker, to achieve Steven financial 1/6 5Ksecurity and independence be a handful of “borderline 101PAID honest” decisions. But since the “Come out of her, my people, that ye be not partakers of her sins, 1927 Sullivan decision, there and that ye receive not her plagues.” Rev. 18:4 were, at most, another handful of possibly “borderline honest” $275 includes priority S&H. Send cash or blank money order to: decisions, while hundreds, if not thousands, of federal court Yesha! c/o 2924 Tangle Oaks Ct. Bedford, Texas u.S.A. [76021] decisions are simply fraudulent 817-545-5187 email: [email protected] from beginning to end. 'or proof, see three other of this writer’s victed based on that “confes- tice suit against the lawyer who books, The Great Income Hoax sion”. Could your lawyer be held helped put you in jail. All things (1985); The Social Security Swindle: to be “ineffective” in a subse- considered the federal income How Anyone Can Drop Out (1984), and The ;ederal Mafia: How It quent habeas corpus petition? tax represents the most exten- illegally Imposes and Unlawfully You bet he could. Could you pre- sive program of organized deceit Collects Income Taxes (1992). vail against him — on this basis and extortion ever conceived by alone — in a civil, malpractice suit? man, and proves that, in America, 4 Lower courts pretend that You bet you could. organized crime begins with the the constitutional issue involved So if you were convicted of federal government. in filing a 1040 is the issue of any alleged income tax violation “self-incrimination,” when the in which the government used correct issue is that of being your own tax returns against you 1I put quotes around “tax,” in compelled to witness against — and your lawyer did not vigor- connection with income “taxes,” oneself. The 'ifth Amendment ously object to their being admit- since there is really no such “tax”. does not even mention “self- ted — then your lawyer might be 'irst, a “tax” is defined as “a incrimination,” but states that “No person . . . shall be compelled . . . guilty of the same omission as the mandatory exaction for the support of government.” Since the to be a witness against himself.” lawyer in my example. Since gov- payment of income taxes is not In other words, while its quite ernment claims that unless you mandatory, it does not fall within lawful for me to voluntarily file a return and provide “informa- the definition of a “tax.” In es- confess (self-incriminate) to a tion from which a tax can be de- sence, the government merely crime, it is absolutely forbidden termined,” you will go to jail for invites voluntary contributions in for government to beat (compel) “failure to file” — the information payment of this alleged tax. that same confession out of me. on that return is compelled as Secondly, the word “income” is In Sullivan, Justice Holmes, deceit- surely as if the IRS twisted your not even defined in the IRC, and fully addressed the wrong issue arm to get it. The only difference the Supreme Court defined the (“self-incrimination”) in order to is the nature of the compulsion. word as meaning a corporate reverse the appellate court which addressed the right issue -- But compulsion is compulsion. “profit”. So, if anything, the so- called income tax is, in realty, a whether government could compel Information that government “profits” tax on corporations, not Sullivan to witness against himself compels you to give under threat an “income” tax for individuals. by requiring him to file a 1040. of imprisonment can’t be used 'or a fuller understanding of how against you — if the proper ob- 2 Another common reason is Justice Holmes artfully managed jection is raised. the lack of understanding of tax to send a person to jail by law issues by many who are tried knowingly addressing a wrong ’ve only exposed the tip for these offenses due to misin- issue (proving that he is not Iof the iceberg in the in- formation they pick up from entitled to the saintly reputation come tax scam, but this exposure unreliable sources. he enjoys), see How Anyone Can should still provide enough ma- Stop Paying Income Taxes: (pages 15-22 & 143-153) 'reedom terial to get you started on a ha- 3 The other case being the Books, Las Vegas NV. beas corpus action and a malprac- 1895 Pollack v. ;armer’s Loan &

60 Volume 7, No. 3 AntiShyster www.antishyster.com [email protected]