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Re: IRS form 4598E put in files by member windandstone

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  • 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 1 of 8 , May 10, 2010
      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 2 of 8 , May 10, 2010
        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 3 of 8 , May 10, 2010
          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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