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4889Re: [tips_and_tricks] Tax Facts

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  • Mr Klon Shugart
    Dec 30, 2003
    • 0 Attachment
      Actually Alan,

      --- "Alan Bacon (sui Juris)" <arement@...>
      wrote:
      > Statements of Fact
      >
      snip>
      > 9. In 1861, Congress passed an Act (law) to create
      > an "Income Duty"
      > to help pay for the war between the States. A duty
      > is an indirect tax
      > which the federal government cannot impose on
      > citizens or residents
      > of a State having sources of income within a State
      > of the Union.

      This was passed on July 5, 1861, and it was on the pay
      of Army Officers.

      It was repealed on August 5, 1861 as being in
      violation of Article 1 of the US Constitution.


      > 11. In 1909 congress passed the 16th Amendment to
      > the Constitution
      > that was allegedly ratified by 3/4 of the States; it
      > is known as "The
      > Income Tax Amendment".

      Actually the 16th Amendment was only ratified by 4
      States and was never legal, read "The Law that never
      was" by Bill Benson.


      > 15. The office of the Commissioner of Internal
      > Revenue issued
      > Treasury Decision (Order) 2313 dated March 21, 1916;
      > Vol. 18 January-
      > December, 1916, page 53. It states in part: ..."it
      > is hereby held
      > that income accruing to non-resident aliens in the
      > form of interest
      > from the bonds and dividends on the stock of
      > domestic corporations
      > is subject to the income tax imposed by the Act of
      > October 3, 1913."

      This is correct as Title 26 USC applies only to aliens
      or non natural born citizens. See Withholding agent
      defined in the topical index of Title 26 USC that
      refers to Section 7701(a)(16) of 26 USC.


      > 18. The DIRECT classification of taxation was
      > intended for use when
      > unforseen expenses or emergencies arise. Congress,
      > needing funds to
      > meet the emergency, can borrow money on the credit
      > of the United
      > States (Article 1, Section 8, Clause 2). The
      > Founding Fathers
      > intended that the budget of the United States be
      > balanced and a
      > deficit be paid off quickly and in an orderly
      > fashion. Through a
      > DIRECT tax, the tax bill is given to the States of
      > the Union. The
      > bill is "apportioined" by the number of
      > Representatives of each State
      > in Congress; therefore, each State is billed its
      > apportioned share of
      > the DIRECT tax equal to the number of votes its
      > Representatives could
      > employ to pass the tax. How the States raise the
      > money to pay the
      > bill is not a federal concern. (Article 1, Section
      > 2, Clause 3).

      This is correct.

      Now all we need to do is get everyone on the same
      page.
      Like that will ever happen.

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