Re: [tips_and_tricks] The banning of Dave Miner
I wish to add my voice to those who have been scammed by Dave Miner, for $1850. This information needs to get out far and wide to stop him from scamming others unaware of his schemes.
In LAW just as in GRAMMAR, people need to be very CAREFUL because WHAT you say may NOT be WHAT you MEAN.
“Direct un-apportioned tax” does NOT mean the same thing as “un-apportioned direct tax”, or more correctly a “non-apportioned ‘direct tax’”.
There are "direct taxes" which must be APPORTIONED & there are "indirect taxes" such as DUTIES, IMPOSTS & EXCISES which must be UNIFORM.
According to the U.S. SUPREME COURT, INCOME TAXES are “indirect taxes” & thus they do NOT require APPORTIONMENT.
And any ARGUMENT made in LAW without FACTS or LAW to EVIDENCE it is by DEFINITION “frivolous”, so they can REJECT it.
FRIVOLOUS: lacking in any arguable basis or merit in either law or fact (Merriam-Webster's Dictionary of Law, 2001)
WHICH is WHY the IRS can TRUTHFULLY (but very DECEIPTIVELY) state the following:
In re Becraft, 885 F.2d 547 (9 th Cir. 1989) - The court affirmed a failure to file conviction, rejecting the taxpayer's frivolous position that the Sixteenth Amendment does not authorize a direct non-apportioned income tax.
Broughton v. United States, 632 F.2d 706 (8 th Cir. 1980) - The court rejected a refund suit, stating that the Sixteenth Amendment authorizes imposition of an income tax without apportionment among the states.
Lovell v. United States, 755 F.2d 517, 518 (7 th Cir. 1984) - The court rejected the argument that the Constitution prohibits imposition of a direct tax without apportionment, and upheld the district court's frivolous return penalty assessment and the award of attorneys' fees to the government "because [the taxpayers'] legal position was patently frivolous." The appeals court imposed additional sanctions for pursuing "frivolous arguments in bad faith."
Patrick in California
"It ain't what ya don't know that hurts ya. What really puts a hurtin' on ya is what ya knows for sure, that just ain't so." -- Uncle Remus