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.
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?
- 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 commonlaw 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
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
And those INDIVIDUALS are REQUIRED to FILE a return or have the tax
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]
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>
ISNT that the reason WHY there is a provision for LEGAL NOTICE to those
INDIVIDUALS to establish the RECORDKEEPING & FILING REQUIRMENTS to DETIRMINE
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
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
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
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>
Patrick in California
Founder, ALLIANCE for PEACE & PROSPERITY
"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 firstname.lastname@example.org, "Jim Stiner" <jim118@...> wrote:
> >"How and why am I liable for income tax?"
- 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).
- 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 subjectThey have to want to escape, right? What would really sell would be a
> would indicate not all are subject, otherwise why include it? It
> called escape value for the authors and their posterity. .
way to enjoy the benefits of escaping while not actually escaping.
> Why not write, "All persons born on the land known collectively as theThose two words, "United States", do not signify land. To signify the
> United States are citizens and therefore subject to what we say?"
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,The ignorant parents are cajoled into waiving rights and making false
> and do all babies born on the land do so voluntarily?"
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
> 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.