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RE: [tips_and_tricks] Re: IRS form 4598E put in files by member windandstone

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  • Jim Stiner
    ... tax); then go to the regulations (Code of Federal Regulations), and one ... tax on the income of every individual who is a ‘citizen’ or ‘resident’
    Message 1 of 8 , May 10, 2010
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      >"How and why am I liable for income tax?"

      >To find out the answer, reference section 1 of Title 26 (which imposes the tax); then go to the regulations (Code of Federal Regulations) , >and one would find the following:

      >26 CFR § 1.1-1(a) General rule. (1) Section 1 of the Code imposes an income tax on the income of every individual who is a ‘citizen’ or ‘resident’ of >the United States ."

      >Who or what is a citizen? Subsection (c) of the same section answers this:

      >26 CFR § 1.1-1(c) Every person born or naturalized in the United States and subject to its jurisdiction is a citizen.

      >keep going around this very simple fact and see what happens down the road. 

       

      You left out an important comma after United States . Being born and being subject are two different things.

       

      It is impossible to be born in an artificial entity, and being subject would indicate not all are subject, otherwise why include it? It called escape value for the authors and their posterity. .

       

      Why not write, “All persons born on the land known collectively as the United States are citizens and therefore subject to what we say?”

       

      So the question is. “How does a baby born on the land become subject, and do all babies born on the land do so voluntarily?”

       

      When did you agree to become a citizen and make yourself subject?  

       

      Were you brainwashed into believing you had no choice?

       

      Jim

       

    • Patrick McKEE
      Terms & phrases in LAW often have SPECIFIC meanings. While clearly establishing a national rule on national citizenship and settling a controversy of long
      Message 2 of 8 , May 10, 2010
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        Terms & phrases in LAW often have SPECIFIC meanings.



        While clearly establishing a national rule on national citizenship and
        settling a controversy of long standing with regard to the derivation of
        national citizenship, the Fourteenth Amendment did not obliterate the
        distinction between national and state citizenship, but rather preserved
        it.6 The Court has accorded the first sentence of Sec. 1 a construction in
        accordance with the congressional intentions, holding that a child born in
        the United States of Chinese parents who themselves were ineligible to be
        naturalized is nevertheless a citizen of the United States entitled to all
        the rights and privileges of citizenship.7 Congress’ intent in including the
        qualifying phrase “and subject to the jurisdiction thereof,” was apparently
        to exclude from the reach of the language children born of diplomatic
        representatives of a foreign state and children born of alien enemies in
        hostile occupation, both recognized exceptions to the common–law rule of
        acquired citizenship by birth,8 as well as children of members of Indian
        tribes subject to tribal laws.9 The lower courts have generally held that
        the citizenship of the parents determines the citizenship of children born
        on vessels in United States territorial waters or on the high seas.10



        ANNOTATED CONSTITUTION FOR THE UNITED STATES OF AMERICA, ARTICLE 14, SECTION
        1

        http://www.law.cornell.edu/anncon/html/amdt14a_user.html#amdt14a_hd2



        Saying "Section 1 of the Code imposes an income tax on the income of every
        individual who is a ‘citizen’ or ‘resident’ of the United States" does NOT
        mean that it "imposes an income tax on the income of every ‘citizen’ or
        ‘resident’ of the United States".



        WHAT it does MEAN is that the income tax is imposed on certain SPECIFIC
        “individuals” who are “citizens” or “residents” of the United States.



        INDIVIDUAL - 1 obsolete : INSEPARABLE, 2 a : of, relating to, or
        distinctively associated with an individual <an individual effort> b : being
        an individual or existing as an indivisible whole c : intended for one
        person <an individual serving>, 3 : existing as a distinct entity :
        SEPARATE, 4 : having marked individuality <an individual style>, synonyms
        see SPECIAL, CHARACTERISTIC

        http://www.merriam-webster.com/dictionary/INDIVIDUAL



        And those INDIVIDUALS are REQUIRED to FILE a return or have the tax
        WITHHELD.

        26 CFR 1.1-1…In general, the tax is payable upon the basis of returns
        rendered by persons liable therefor (subchapter A (sections 6001 and
        following), chapter 61 of the Code) or at the source of the income by
        withholding. [rest omitted]


        <http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.go
        v/cfr_2004/aprqtr/26cfr1.1-1.htm>
        http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.gov
        /cfr_2004/aprqtr/26cfr1.1-1.htm



        LIABLE - 1 a : obligated according to law or equity : responsible b :
        subject to appropriation or attachment, 2 a : being in a position to incur
        —used with to <liable to a fine> b : exposed or subject to some usually
        adverse contingency or action <watch out or you're liable to fall>

        http://www.merriam-webster.com/dictionary/liable



        ISN’T that the reason WHY there is a provision for LEGAL NOTICE to those
        INDIVIDUALS to establish the RECORDKEEPING & FILING REQUIRMENTS to DETIRMINE
        LIABILITY?



        26 CFR 31.6001-6 Notice by district director requiring returns,
        statements, or the keeping of records.

        The district director may require any person, by notice served upon him, to
        make such returns, render such statements, or keep such specific records as
        will enable the district director to determine whether or not such person is
        liable for any of the taxes to which the regulations in this part have
        application.

        http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr
        <http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=de87314e866de9fe67
        28f4c7589924f1&rgn=div8&view=text&node=26:15.0.1.1.1.7.16.6&idno=26>
        &sid=de87314e866de9fe6728f4c7589924f1&rgn=div8&view=text&node=26:15.0.1.1.1.
        7.16.6&idno=26





        NOTICE - 1 a : a notification or communication of a fact, claim, demand, or
        proceeding, see also process service; The requirements of when, how, and
        what notice must be given to a person are often prescribed by a statute,
        rule, or contract. b : awareness of such a fact, claim, demand, or
        proceeding

        http://research.lawyers.com/glossary/notice.html



        REQUIRE - 1 a : to claim or ask for by right and authority b archaic :
        request, 2 a : to call for as suitable or appropriate <the occasion requires
        formal dress> b : to demand as necessary or essential : have a compelling
        need for <all living beings require food>, 3 : to impose a compulsion or
        command on : compel, 4 chiefly British : to feel or be obliged —used with a
        following infinitive <one does not require to be a specialist — Elizabeth
        Bowen>

        http://www.merriam-webster.com/dictionary/require



        REQUIREMENT - something required: a : something wanted or needed : necessity
        <production was not sufficient to satisfy military requirements> b :
        something essential to the existence or occurrence of something else :
        condition <failed to meet the school's requirements for graduation>

        http://www.merriam-webster.com/dictionary/requirement



        Patrick in California



        Founder, ALLIANCE for PEACE & PROSPERITY

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



        "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











        --- In tips_and_tricks@yahoogroups.com, "Jim Stiner" <jim118@...> wrote:

        >

        > >"How and why am I liable for income tax?"

        >
      • E Junker
        To which United States are they referring? The one comprised of the possessions and called United States or the several States of the Union? That very
        Message 3 of 8 , May 10, 2010
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          To which "United States" are they referring?  The one comprised of the possessions and called United States or the several States of the Union?

          That "very simple fact" doesn't require "going around" so much as just plowed through.  Being subject to the income tax is  a matter of what privilege you exercise to make that income.  Further, the income is not what is taxed.  The income is what is used to compute the tax.  The tax is on the exercise of employing a privileged occupation.

          So, even if I were a citizen of the United States it would still be necessary for me to work in a taxable occupation, "a government trade or business" defined at 26 U.S.C. § 7701(a)(26). 



          From: jerry bell <anguillabell@...>
          To: tips_and_tricks@yahoogroups.com
          Sent: Mon, May 10, 2010 6:03:18 AM
          Subject: Re: [tips_and_tricks] Re: IRS form 4598E put in files by member windandstone

           

          "How and why am I liable for income tax?"
          To find out the answer, reference section 1 of Title 26 (which imposes the tax); then go to the regulations (Code of Federal Regulations) , and one would find the following:
          26 CFR § 1.1-1(a) General rule. (1) Section 1 of the Code imposes an income tax on the income of every individual who is a ‘citizen’ or ‘resident’ of the United States."
          Who or what is a citizen? Subsection (c) of the same section answers this:
          26 CFR § 1.1-1(c) Every person born or naturalized in the United States and subject to its jurisdiction is a citizen.
          keep going around this very simple fact and see what happens down the road. 

        • Frog Farmer
          ... You just earned 1,000 points! I get sick of people quoting that bogus amendment and not picking up on that condition. ... They have to want to escape,
          Message 4 of 8 , May 10, 2010
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            Jim Stiner wrote:

            > Being born and being subject are two different things.

            You just earned 1,000 points! I get sick of people quoting that bogus
            amendment and not picking up on that condition.

            > It is impossible to be born in an artificial entity, and being subject
            > would indicate not all are subject, otherwise why include it? It
            > called escape value for the authors and their posterity. .

            They have to want to escape, right? What would really sell would be a
            way to enjoy the benefits of escaping while not actually escaping.

            > Why not write, "All persons born on the land known collectively as the
            > United States are citizens and therefore subject to what we say?"

            Those two words, "United States", do not signify land. To signify the
            land using those two words, you need two additional words, "of America".
            The use of the two words is not the same as the use of the four words.
            Guess how many people are aware of THAT!

            > So the question is. "How does a baby born on the land become subject,
            > and do all babies born on the land do so voluntarily?"

            The ignorant parents are cajoled into waiving rights and making false
            statements under penalty of perjury, often out of psychologically
            induced feelings of a need to conform. The Lemming Principle. When the
            18 year-olds have a short time to rectify the situation, few are aware
            of it.

            > When did you agree to become a citizen and make yourself subject?

            Usually at the first opportunity, maybe even in a church!

            > Were you brainwashed into believing you had no choice?

            When I was in senior year of high school, I saw a concerted effort at
            brainwashing in my school, and saw where it would lead, so I undertook
            to brainwash myself to my own choice of programming before they could
            impose theirs upon me. I'm glad I did, because it does last, and I'm
            glad to have selected my own program rather than have theirs imposed. I
            bought a book on self-hypnosis for $1 and quit smoking too.

            Regards,

            FF
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