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Re: "office of the Secretary?

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  • Founder@APeacefulSolution.org
    Hello tips & folks, I hope that all have enjoyed a peaceful and reflective Sukkot, and will have a peaceful and pleasant Sabbath. In Section 7701 of the
    Message 1 of 12 , Oct 24, 2008

      Hello tips & folks,


      I hope that all have enjoyed a peaceful and reflective Sukkot, and will have a peaceful and pleasant Sabbath.


      In Section 7701 of the Internal Revenue Code, I found the following and extracted it for your reading pleasure.  


      On point are sections 11 & 12, defining the Secretary of the Treasury, the Secretary, and any Delegate of the Secretary of the Treasury.  This is why it is so important that one sees proof of delegation of authority by any IRS agent before doing business with that agent.  


      OFF point, one sees the official definitions for "United States" and "State."  When one goes into the history of these definitions, one finds that before they were declared to be independent states, both Alaska and Hawaii were included along with the District of Columbia.  Before this latest amendment, these sections included the names of Puerto Rico, Guam, U.S. Virgin Islands, and American Samoa. 


      Applying the legal maxim of "the mention of one is the exclusion of all others" means that the United States is made up only of Washington, D.C., the named States, Puerto Rico, Guam, U.S. Virgin Islands, and American Samoa.  Applying the history that shows that when Alaska and Hawaii were removed upon becoming Sovereign states provides confirmation that other states, such as the state of Washington, are not States or part of the United States under the general definitions found in the Internal Revenue Code.


      The intent of Congress is expressed in the Statutes-at-Large that are codified into the U.S. Codes, and the U.S. Codes are later promulgated into law in the Codes of Federal Regulations.  The U.S. Codes can be less restrictive than the S.A.L., but not more restrictive.  The CFR can be less restrictive than the U.S.C, but not more restrictive.  Keep this in mind when reading the below citations of USC.


      Title 26 § 7701. Definitions  (9) through (12)

      (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof— 


      (9) United States 

      The term “United States” when used in a geographical sense includes only the States and the District of Columbia. 

      (10) State 

      The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title. 

      (11) Secretary of the Treasury and Secretary 

      (A) Secretary of the Treasury 

      The term “Secretary of the Treasury” means the Secretary of the Treasury, personally, and shall not include any delegate of his. 

      (B) Secretary 

      The term “Secretary” means the Secretary of the Treasury or his delegate

      (12) Delegate 

      (A) In general 

      The term “or his delegate”— 

      (i) when used with reference to the Secretary of the Treasury, means any officer, employee, or agency of the Treasury Department duly authorized by the Secretary of the Treasury directly, or indirectly by one or more redelegations of authority, to perform the function mentioned or described in the context; and 

      (ii) when used with reference to any other official of the United States, shall be similarly construed. 


      Also,


      § 7805. Rules and regulations

      (a) Authorization

      Except where such authority is expressly given by this title to any person other than an officer or employee of the Treasury Department, the Secretary shall prescribe all needful rules and regulations for the enforcement of this title, including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue.


      So you can see that if there is nothing in the CFR that is prescribed by the Secretary of the Treasury or his delegate, then even when the subject can be found in the USC, there is no legal enforcement mechanism for the law.


      And furthermore,


      § 7806. Construction of title

      (a) Cross references

      The cross references in this title to other portions of the title, or other provisions of law, where the word “see” is used, are made only for convenience, and shall be given no legal effect.

      (b) Arrangement and classification

      No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect. The preceding sentence also applies to the sidenotes and ancillary tables contained in the various prints of this Act before its enactment into law.


      § 7809. Deposit of collections

      (a) General rule

      Except as provided in subsections (b) and (c) and in sections 6306, 7651, 7652, 7654, and 7810, the gross amount of all taxes and revenues received under the provisions of this title, and collections of whatever nature received or collected by authority of any internal revenue law, shall be paid daily into the Treasury of the United States under instructions of the Secretary as internal revenue collections, by the officer or employee receiving or collecting the same, without any abatement or deduction on account of salary, compensation, fees, costs, charges, expenses, or claims of any description. A certificate of such payment, stating the name of the depositor and the specific account on which the deposit was made, signed by the Treasurer of the United States, designated depositary, or proper officer of a deposit bank, shall be transmitted to the Secretary.


      comment:


      One of the first things that one learns about the Internal Revenue Code is that it is not "positive law."  This means that because Congress has never stipulated that any of Title 26 is enacted into law, then this is all "smoke and mirrors," and a big dog and pony show.  The IRS does not get their ability to tax you through law.  They get it through contract.  Remedy the bad contracts that you have signed, and you have remedied your problems with the IRS and the rest of the secular government agencies.


      Another thing one learns is that there is never a deposit into the Treasury of the United States, because all of the money is paid daily into the Federal Reserve Banks.  Does this mean that they are breaking the law by not depositing your taxes (contribution) into the Treasury of the United States?  I don't think so.  Section 7809 limits the application of this section to money collected under law, and ignores money collected under contract.  They can deposit money collected under your contractual obligations into any account that they wish.  Is not this further confirmation that you are engaged in contracts with them of which you were not aware?  


      When you were defrauded into making a contract, you can claim fraud as a remedy, but only once.  If you have never claimed fraud in the process of releasing yourself out of these contracts, then I can help you become free of the IRS.  If you have attempted to free yourself using a claim of fraud, then there is still a remedy provided in the laws and regulations, but it is more complicated and time consuming.  I have been using these methods for the past fourteen years, and am living in peace.  I have never been charged with any crimes by the IRS.


      The Almighty ONE always provides a remedy for those who's only desire is to serve HIM and obey HIS laws.


      Sincerely,

      Bernie Besherse



    • Jake
      ...   See 26 U.S.C. 7701(a)(11).   ~ ~ ~ ~ ~ ... From: John H. Subject: [tips_and_tricks] Re: office of the Secretary? To:
      Message 2 of 12 , Oct 25, 2008
        >  Any experience or thoughts on who the "office of the Secretary" is that is referred to in 26 U.S.C. Sect. 6203.
         
        See 26 U.S.C. 7701(a)(11).
         
        ~ ~ ~ ~ ~

        --- On Thu, 10/23/08, John H. <otoman@...> wrote:
        From: John H. <otoman@...>
        Subject: [tips_and_tricks] Re: "office of the Secretary?
        To: tips_and_tricks@yahoogroups.com
        Date: Thursday, October 23, 2008, 12:42 AM

        Maybe my ignorance will show with this question but here it goes.  26 U.S.C. Sect. 6203 refers to income tax assessments being recorded in the "office of the Secretary." It has been my assumption that the "office of the Secretary" was referring to the "office of the Secretary" of the Treasury Dept. When I Google "office of the Secretary" I am lead to the Treasury Dept! I sent a FOIA to TIGTA requesting a copy of any signed income tax assessments that have been recorded by the IRS. I was advised by phone that the "IRS is often referred to as the office of the Secretary" for income tax matters and that my FOIA was forwarded to my regional IRS FOIA office since they have jurisdiction of those documents." That is pretty much a direct quote. Any experience or thoughts on who the "office of the Secretary" is that is referred to in 26 U.S.C. Sect. 6203.
         
                                                                                            Thanks,  John
         
                                                  

      • vivus_spartacus
        The moment a person forms a theory, his imagination sees in every object only the tracts which favor that theory. Thomas Jefferson Letter, September 20, 1787,
        Message 3 of 12 , Oct 26, 2008
          The moment a person forms a theory, his imagination sees in every
          object only the tracts which favor that theory.
          Thomas Jefferson Letter, September 20, 1787, to Charles Thompson.



          For Crying Out Loud!



          Parroting Paytriot Myth-Information is NOT helpful to any Member of
          this Forum.



          The Words "Due Diligence" should have a special Warning Light /
          Alarm for Anyone facing in Adversarial Situation,
          so as Not to simply take anyone's word at Face Value,
          and
          simply relying on Links to, and/or Cut & Paste of, someone else's
          work or research, which has Not turned up in any Case Cite/s as
          prevailing or otherwise being successfully argued in any Court!



          The Allegation:
          [DIRECT QUOTE]

          "The only place in the tax codes where the term "Secretary" is
          defined is pasted below.
          Notice it does NOT mention the Secretary of the United States of
          America Treasury."


          Such then proceeds to provide Title 27 references provided by none
          other than Prime PNJ Mitch Modelski aka Paul Andrew Mitchell
          "Private Attorney General" himself!



          Newsflash!



          The United States Code itself REBUKES the Allegation and
          as well as Mr. Pretend Attorney Guy,
          (Who BTW, not that long ago was propagating his delusions and
          self proclamations that the IRS was permanently barred by Estoppel)


          Here are the Facts:



          http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007701--
          --000-.html



          or if broken use: http://tinyurl.com/32c7zu



          TITLE 26 > Subtitle F > CHAPTER 79 > § 7701
          § 7701. Definitions
          [Note: Scroll Down to:]


          (11) Secretary of the Treasury and Secretary
          (A) Secretary of the Treasury
          The term "Secretary of the Treasury" means the Secretary of the
          Treasury, personally, and shall not include any delegate of his.

          (B) Secretary (<<<<<<<<<<< HELLO?)
          The term "Secretary" means the Secretary of the Treasury or his
          delegate.

          (12) Delegate
          (A) In general
          The term "or his delegate"—
          (i) when used with reference to the Secretary of the Treasury, means
          any officer, employee, or agency of the Treasury Department duly
          authorized by the Secretary of the Treasury directly, or indirectly
          by one or more redelegations of authority, to perform the function
          mentioned or described in the context; and
          (ii) when used with reference to any other official of the United
          States, shall be similarly construed.

          (13) Commissioner
          The term "Commissioner" means the Commissioner of Internal Revenue.


          (14) Taxpayer
          The term "taxpayer" means any person `SUBJECT TO' any internal
          revenue tax.
          (EMPHASIS MINE)


          We are all born ignorant, but one must work hard to remain stupid.
          Benjamin Franklin

          Leviticus 19:36; Deuteronomy 25:15-16
          I John 4:6

          CAMPAIGN FOR LIBERTY!
          Or Accept what is otherwise Deserved!

          WISDOM is the principal thing; Therefore get WISDOM. And in all your
          getting, Get UNDERSTANDING. Proverbs 4:7

          "vivus spartacus"
          All Rights Reserved (In the 9th Amendment & Exercised Daily)

          http://groups.yahoo.com/group/the_great_debate/

          http://groups.yahoo.com/group/Constitution_Debate/

          http://groups.yahoo.com/group/CampaignForLiberty/




          --- In tips_and_tricks@yahoogroups.com, "Robb" <robbob69@...> wrote:

          John,
          The only place in the tax codes where the term "Secretary" is
          defined is
          pasted below.
          Notice it does NOT mention the Secretary of the United States of
          America Treasury.

          Code of Federal Regulations
          [Title 27, Volume 1]
          [Revised as of April 1, 2005]
          From the U.S. Government Printing Office via GPO Access
          [CITE: *27CFR26.11*]
          [Page 689-691]

          TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

          CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF
          THE TREASURY

          PART 26_LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN ISLANDS

          --Table of Contents
          Subpart B_Definitions
          Sec. 26.11 Meaning of terms.

          Revenue Agent. Any duly authorized Commonwealth Internal Revenue
          Agent of the Department of the Treasury of Puerto Rico.
          Secretary. The Secretary of the Treasury of Puerto Rico.
          Secretary or his delegate. The Secretary or any officer or employee
          of the Department of the Treasury of Puerto Rico duly authorized by
          the Secretary to perform the function mentioned or described in
          this part.

          See the Cooper file attached.

          Much more info on this and other IRS and government subjects can be
          found at the following websites published online by:
          Paul Andrew Mitchell, B.A., M.S.
          Private Attorney General, 18 U.S.C. 1964(a)
          http://www.supremel aw.org/decs/ agency/private. attorney.
          general.htm
          <Snipped>
          "DISCLAIMER: Forwarding email from someone else
          does not mean that I endorse any of its contents."

          [NOTE: UNLESS ONE IS REBUTTING SUCH, IT IS PROPAGATING SAME
          NONETHELESS AND 'DISCLAIMER' NOTWITHSTANDING!]



          > Peace,
          > Bruddah RobBob <http://crifasi.net/strikeit>
          > <http://antwrp.gsfc.nasa.gov/apod/>
          >
          >
        • John H.
          In a post I asked this question. Any experience or thoughts on who the office of the Secretary is that is referred to in 26 U.S.C. Sect. 6203. I have
          Message 4 of 12 , Oct 27, 2008
            In a post I asked this question. "Any experience or thoughts on who the "office of the Secretary" is that is referred to in 26 U.S.C. Sect. 6203. I have received several responses that have pointed me to 26 U.S.C. 7701(a)(11)(B), which is the definition of the term "Secretary." IS one to assume that the "office" of the Secretary is anywhere that his delegate performs a function for the Secretary?
          • BOB GREGORY
            *Basically, yes, that is how it is treated in practice. The IRS, DOJ and the courts ignore 4 USC 72, which says all offices are to be exercised at the seat of
            Message 5 of 12 , Oct 27, 2008
              Basically, yes, that is how it is treated in practice.  The IRS, DOJ and the courts ignore 4 USC 72, which says all offices are to be exercised at the seat of government (i.e. Washington, DC) unless expressly authorized otherwise by Congress.  There are no express authorizations for exercise of federal offices in the several states found in Title 26.

              On Mon, Oct 27, 2008 at 10:11 PM, John H. <otoman@...> wrote:

              In a post I asked this question. "Any experience or thoughts on who the "office of the Secretary" is that is referred to in 26 U.S.C. Sect. 6203. I have received several responses that have pointed me to 26 U.S.C. 7701(a)(11)(B), which is the definition of the term "Secretary." IS one to assume that the "office" of the Secretary is anywhere that his delegate performs a function for the Secretary?

            • Jake
              ...   Don t assume anything - look it up.  With respect to the IRS, the Office of Commissioner of Internal Revenue was created within the Treasury Dept. by
              Message 6 of 12 , Oct 28, 2008
                > IS one to assume that the "office" of the Secretary is anywhere that his delegate performs a function for the Secretary?
                 
                Don't assume anything - look it up.  With respect to the IRS, the Office of Commissioner of Internal Revenue was created within the Treasury Dept. by the Act of July 1, 1862 (12 Stat. 432) & further by the Act of December 24, 1872 (17 Stat. 401).
                 
                The IRS came into existence as a bureacracy stemming from the Office of Comm. of Internal Revenue, by the stroke of the pen of Secretary George W. Humphrey in June 1953.  The name of that bureacracy had been the Bureau of Internal Revenue & that name wasn't created by Congress either.  But the Office of Commissioner was & there are about a zillion delegation orders that delegate authority from the Secretary on down. 
                 
                And with respect to the earlier comment that Title 26 is not "positive law", that's true, but also irrelevant.  The Titles of the U.S. Code are merely compliations of statutes & public laws, arranged so they're easier to find.  Once a Title is complete with all the laws that can be found which pertain to that classification, then the whole Title can be presented to CONgress to pass, but that hasn't been done with Title 26 (or 27).  But that doesn't change the fact that the statutes & public laws which are organized in the Code were passed by CONgress individually.  The "Title 26 not positive law" argument will be shot down every time as it always has been & you may get sanctioned for using it.
                 
                ~ ~ ~ ~ ~  


                --- On Mon, 10/27/08, John H. <otoman@...> wrote:
                From: John H. <otoman@...>
                Subject: [tips_and_tricks] Re: "office of the Secretary?
                To: tips_and_tricks@yahoogroups.com
                Date: Monday, October 27, 2008, 11:11 PM

                In a post I asked this question. "Any experience or thoughts on who the "office of the Secretary" is that is referred to in 26 U.S.C. Sect. 6203. I have received several responses that have pointed me to 26 U.S.C. 7701(a)(11)( B), which is the definition of the term "Secretary." IS one to assume that the "office" of the Secretary is anywhere that his delegate performs a function for the Secretary?

              • mn_chicago
                ... Do you have cases where a court refused to abide by 4 USC 72? There is an argument to be made that the courts MUST follow the statutes when demand is so
                Message 7 of 12 , Oct 28, 2008
                  --- In tips_and_tricks@yahoogroups.com, "BOB GREGORY" <rhgusn@...>
                  wrote:

                  > *Basically, yes, that is how it is treated in practice. The IRS,
                  > DOJ and the courts ignore 4 USC 72,

                  Do you have cases where a court refused to abide
                  by 4 USC 72? There is an argument to be made that
                  the courts MUST follow the statutes when demand is
                  so made.

                  Curious.

                  mn

                  As an added thought, while 4 USC 72 seems a potent
                  argument, and where courts may ignore it, it has
                  always been my position that wins against the IRS
                  are best accomplished BEFORE going to court.

                  This is done by making these kind of challenges in
                  letter format to IRS agents, making them prove any
                  and every assertion they make, from their very first
                  contact. Of course, one always tells them that you
                  are certainly willing to pay all lawful taxes the
                  IRS can prove is due and owing.

                  I have dropped off challenges to an IRS agent and
                  the District Officer, personally, without ever
                  getting a response. It does work.

                  My favorite and first challenge is when they start
                  out with "Dear Taxpayer..." I let them know thay
                  are mistaken and demand proof that they can refer
                  to me as a "taxpayer."

                  Cheers!


                  There is also the matter of challenging the DOJ's
                  ability to represent the IRS in court. I have not
                  tested it, but there is an argument to be made there,
                  as well.
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