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  • Kevin Hart
    Mark, You are correct in the reading of the scriptures pertaining to attorneys and you do understand the difference. There s hope for you on this part. As far
    Message 1 of 4 , Mar 5 7:19 PM
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      Mark,

       

      You are correct in the reading of the scriptures pertaining to attorneys and you do understand the difference. There's hope for you on this part.

       

      As far as The fruit of the anti-constitutional teachings you presented will be Anarchy and Death statement that you made is concerned. I disagree with it entirely. I will address it by giving you proof that the government is engaged in full-scale fraud. If you have a PACER Account with the Federal Government Clerk of Court office on the internet, you can look up my case and judge for yourself. Here's the case numbers you can look up and see it online. The first case is 1: 02CV 147 in the Northern District of Ohio filed on January 24, 2002. The Second case is in the US 6th Circuit Court of Appeals, case number 03-4037.The third case went to the Ohio Supreme Court case number 03-1954 which can be requested by a Freedom of Disclosure under Ohio Revised Codes 149.43 and 149.44. It can be modeled similar to the FOIA for the federal government. This last case was removed to the Southern District of Ohio in Columbus, Ohio. That case number is C2-03-1133.

       

      At this point the case hasn't been answered by the government even though they were given many opportunities to do so. Right now, the government hasn't answered the charges of Forensic Accounting Fraud charges I brought up against them and their under-handeniness of using the courts as a tool for terrorism. I had this claim under the inalienable clause in all the Constitutions for united States of America and Ohio, as well as using the Declaration of Independence provisions concerning this natural right given to me by my creator of the universe. The last case number is C2-03-1133 where it sits right now.

       

      An income tax is constitutional as long as the provisions of it is enforced as an indirect excise tax covered under the provisions of the statement in our new attachment that states:

       

      In Code Section 61 of the IR Code that "wages" or "salaries" or "compensation for personal services" is taxable as "income" as these items appeared and were included in Section 22 of the 1939 Code. In Commissioner v. Glenshaw Glass Company 348 US 426, footnote #11. I had no "income" in a "Constitutional sense" as the word "income" is used in Section 61 of the Internal Revenue Code. In going from the 1939 Code (Sec. 22) to the 1954 Code, both the House and Senate declared that "income" within the meaning of Section 61 is "based upon the 16th Amendment and the word �income� is used in its constitutional sense." This change in the meaning of "income" was explained in House Report No 1337 (note 10 at A 18), and Senate Report No 1622 (at note 10 at 168). For confirmation see footnote 11, in C.I.R. v, Glenshaw Glass Co. 348 U.S. 426. Income in its "Constitutional sense" means income "separated from its source" as occurs when a corporate profit is determined. The tax is on "profit" and not on the "sources" that produced the profit. This "Constitutional meaning" of "income" is rooted in the holding in Brushaber v. Union Pacific RR, 240 U.S. 1 in which the Supreme Court said:

       

      "The whole purpose of the (16th) Amendment was to relieve all income taxes when imposed from apportionment from a consideration of the sources whence the income was derived."

       

      Therefore in taxing "income" the sources (i.e. wages, dividends, rents, interest, capital gains) that produced that "income" cannot be "considered" or taxed directly, except by the rule apportionment. Further proof that the "Constitutional meaning" of "income" is corporate profit (since in taxing "profit" the sources themselves are not "considered" or taxed) is provided in the Supreme Court decision of Merchant�s Loan & Trust Co. v. Smietanka, 255 U.S. 509(at pages 518 & 519.). In that decision the Supreme Court stated, "The word (income) must be given the same meaning in all of the Income Tax Acts of Congress that was given to it in the Corporation Excise Tax Act of 1909 and what that meaning is has now become definitely settled by decisions of this court."

       

      Further proof that the "constitutional meaning" of "income" is corporate profit (since in taxing "profit" the sources themselves are not "considered" or taxed) is provided in the Supreme Court decision of Merchant�s Loan & Trust Company v. Smietanka, 255 U.S. 509 (at pages 518 & 519.).

       

      "The word (income) must be given the same meaning in all of the Income Tax Acts of Congress that was given to it in the Corporation Excise Tax Act of 1909 and what that meaning is has now become definitely settled by decisions of this court."

       

      So "income" in a "constitutional sense" (as referred to in House Report Number 1337, and Senate Report Number 1622) as applied to Section 61 of the 1954 Internal Revenue Code is synonymous with corporate profit. So, obviously, Congress by eliminating such references in the 1954 Code did not intend that the

      wages and earnings of private citizens would fall within the meaning of "income" as "defined" in Code Section 61 of the 1954 Code. So, obviously, Congress by eliminating such references in the 1954 Code did not intend that the wages and earnings of private citizens would fall within the meaning of "income" as "defined" in Code Section 61 of the 1954 Code.

       

      This is confirmed in Treasury Decision 2313 which I'm attaching to this e-mail as a PDF to you.

      As far as what the bible states about the income tax. I'm also enclosing an article by Sam Adams called "Rendering Caesar His Due". In my opinion it's entirely on the mark about the income tax from a biblical point of view. If you can show me where I misunderstand it, I will at least keep an open mind on this.

      The government needs some taxes to operate. I agree that what it does for the most part is take from citizen A to give to citizen B and they get their cut for the privilege to do so by most Americans.

      The government today is totally illegitimate in it scope of its authority on me and others who have claimed their unalienable rights under the natural laws of a Sovereign God.

       

      The government has brought the problems it has upon itself with the usurpation of the powers it has taken over the years.

       

      The crop shares you speak of was release from their bond every fifty years. If that were the case, our history would show that we should have been release from it at least once and now coming up to the second time. Why hasn't that happened here?

       

      Since the government encourages others to enter into involuntary servitude, no one needs to do so and they can claim their unalienable rights at any time they wish. This again is constructive fraud on We The People.

       

      Remember, the governments of this nation are terrorists in their power and scope of their control. The government in almost all cases creates the anarchy. As a result of this we are ranked number ten in the world for being the freest nation of the world. We use to be number one. What happened to change that and why was it done?

       

      We The People are the check and balances against domestic invasion since the government can't and won't protect us by taking our property from us without due process and other violations of the bill of rights.

      Mark, since you posed a question. I will pose one for you. Do you want an income tax or a Bill of Rights guaranteed by the Constitutions for the united States of America and the several state in this nation? You can only choose one of them. Pick wisely sir, the whole world will know where you stand on this issue.

       

      Remember, the income tax is connected with the Communist Manifesto Planks envisioned by the Communist Party. The Democratic Party embraces most the goals of the Communist Manifesto as most of the highest party members are card carrying communist and are proud to tell you that privately. I know of a lot of originations that are communist in its scope and will carry its goals of promoting it at every opportunity they get.

       

      Hopefully that should convince you that organized crime in America begins and ends with the government.

       

      As always, have an income tax-free day and life,

      /s/ Kevin Hart Non-Assumpsit

      General Manager

      Truth in Taxation Ministries

      http://www.oragainationspaynoohioincometax.com

      (216) 253-5965



      Mark Ferran <mferran@...> wrote:
      Kevin, Most of what you quote Jesus as saying about "lawyers" applies to you.  You are a "lawyer" although not an "attorn-ey."  By advising people in the manner that you elected to do, you are representing yourself as being knowledgable of the laws.  Thus, you must be judged as a lawyer. Jesus did not condemn all lawyers, for Jesus himself was a lawyer, from the age of 12.  He only condemned those lawyers who'se teachings were iniquitable and which would bear bad fruit. The fruit of the anti-constitutional teachings you presented will be Anarchy and Death.  If Americans in every state are not entitled and empowered to unite to provide a "common defense" against enemies foreign and domestic, then they will be picked off citizen-by-citizen and state-by-state.  The common defense requires "taxation" of some kind to some degree, to insure that all who are entitled to equal protection also bear an equal burden to provide that protection in proportion to their property (e.g., their annual income property).  The concept of the annual income tax is set forth in the Bible in the Crop-share taxes.  Such income taxes never were "voluntary."  
       



      /s/ Kevin Hart, Non-Assumpsit kchart12@... General Manager, Truth in Taxation Ministries Office # (216) 253-5965 Fax # (216) 803-2575 Do you know that all income taxes are voluntary? Give yourself an instant raise, check it out and find out why. http://www.paynoincometax.com and http://www.paynoohioincometax.com 

    • Mark Ferran
      Maybe you misunderstood what I said before. I DO NOT CARE about the Federal Income Tax Laws. I sat through the beginning weeks of Income Tax Law twice in
      Message 2 of 4 , Mar 5 10:59 PM
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        Maybe you misunderstood what I said before.  I DO NOT CARE about the Federal Income Tax Laws.  I sat through the beginning weeks of Income Tax Law twice in law-school, and withdrew from the course twice, out of total boredom.  I still do not care to waste my intelligence on the Federal Income Tax.  It is not any more interesting to me now than it was then.
         
        You mention your copious litigation and then you state: "I had this claim under the inalienable clause in all the Constitutions for united States of America and Ohio, as well as using the Declaration of Independence provisions concerning this natural right given to me by my creator of the universe."  Your statement referring to "the inalienable clause" is gibberish.  See Part 1 at www.billstclair.com/ferran  Your statement about "using the Declaration of Independence provisions' in court to compel a judge to act a certain way is also gibberish.  This tells me you do not have any clue about what you have a legal (respected) right to demand from a supposed court of Law, nor the slightest idea how to go about asking for it.
         
        You refer to your civil cases as Forensic Accounting Fraud "charges."  This is also gibberish.  The word "charges" is associated with criminal proceedings, not civil cases (except perhaps RICO act cases).  Again, it seems as though you do not have any clue about what you have a right to demand from a supposed court of Law, nor the slightest idea how to go about asking for it.  I do not know, and do not care what you mean by "Forensic Accounting Fraud."
         
        You have the same "natural right given to me by my creator of the universe" as an inhabitant of Rwanda who is about to have his head cleaved open by a machete wielded by his neighbor while the Chief of Police stands by grinning.  You have the same "natural right given to me by my creator of the universe" as an inhabitant of Iraq about to have his testicles fried by DC current while suspended from a hook on the ceiling of a Police Headquarters.  You have the same "natural right given to me by my creator of the universe" as an inhabitant of Ukraine did while Stalin confiscated the private farms and starved to death their former owners by the millions.  You have the same "natural right given to me by my creator of the universe" as a white inhabitant of Zimbabwe who had his farm taken by force, leaving him and his entire family dead, with a dozen dead cows to rot around with him.
         
        Can you imagine the absurdity of the claim made while living by any of these humans beings that the government had no "authority" over them at all because they "claimed their unalienable rights under the natural laws of a Sovereign God"?  That approach did not work in Rome and never has worked on this planet, and never will.  That is why an extinct race of Christians who once inhabited this land we call America wrote down in their written Constitutions the rights they most earnestly insisted must be respected by their rulers. 
         
        To the extent that you seek to rely upon rulers to voluntarily respect your "natural right[s] given to me by my creator of the universe" instead of demanding they know and respect your basic expressly written right to the Equal Protection of the LAWS that are written down and agreed to and sworn to be upheld by your fellow men (and the rulers) in this country, you are a pitiful fool.  When by words you brand yourself as an illiterate fool in a court, you should not be surprised when your case is disposed of (or ignored) accordingly. 
         
        Taxes are not per se inconsistent with the rights prescribed and secured by the "Bill of Rights" because we have or are supposed to have "Taxation with Representation."  The Power to Tax,  being part of the general power to take private property necessary for public purposes, is an inherent power in every State, and can only be limited or restrained by written Constitutions.  Not even Jesus himself ever attempted to interfere with this power of Earthly government.  To the extent that you claim that you can deliver, for a price, what Jesus did not claim he could deliver on Earth (Equal Protection of thy Neighbor without Human Government and Taxes), you are engaged in an obvious and wicked fraud.  The Power of New York State to impose an Income Tax on its inhabitants and upon those who gainfully work here is totally independent of the "sixteenth amendment" and is not limited by it, and is independent of any definitions that you prefer to give to various words.  If you and others are paying a tax, it is because your representatives in office decided you collectively would not remove them from office for doing so.  As it turns out, they were right.  You don't like the form of the tax, nor its extent.  That is not surprising.  What form of tax would you prefer?  Who cares?  I don't.  Tell it to your Congressman/Senator/Lobbyist.
         
        There may be some truth to your imperfect statement that "I agree that what it does for the most part is take from citizen A to give to citizen B and they get their cut for the privilege to do so by most Americans.", depending on what you actually mean.
         
        There may be some truth to your imperfect statement that " The government has brought the problems it has upon itself with the usurpation of the powers it has taken over the years." depending on what you actually mean.
         
        Every Article by John Gaver that I have read at  http://www.actionamerica.org is excellent, insightful, important, intelligent, and exactly correct.  All responsible Americans should read and study these articles, including:
         
        Federal Extortion Federal Lawmakers Are Using Income Tax Dollars To Buy Powers Reserved to the States http://www.actionamerica.org/constitution/amend10.html
         
         
        The Right To Keep And Bear Arms at http://www.actionamerica.org/guns/ 
        Tick - Tick - Tick The Economy Bomb
         
         
        I sincerely recommend you to read these articles.  Then, I invite you to compare them with some of my own articles at www.billstclair.com/ferran
         
        Mark R. Ferran BSEE scl JD mcl
         
        My public "references":
         
        "Mark Ferran is a prominent legal analyst and essayist."

        http://www.trumpetamerica.org/Step07.txt

        "Mark Ferran has written several good articles on the issue of the defense of land ownership."

        http://www.fear.org/opinion.html

        "Mark Ferran has done good work on property rights."

        http://www.constitution.org/cs_peopl.htm

        "Landowner Mark Ferran wants ATV-riders to stay off his property. This week Mark Ferran laid down the law. Specifically, he taped it up at Town Hall, the local library and the general store."

        Albany Times Union, STAKES RAISED IN ATV FIGHT, 05/23/2002

        "Sign me up for the Mark Ferran fan club; the man is a hero."

        Fred LeBrun, Albany Times Union Political Commentator

        http://www.timesunion.com/archives/summarylist.asp?DBQUERY=Mark+Ferran++&DBLIST=al01&SORT=d%3Ah&NITEMS=25&qtype=q_string

        Even some NY ATV-riders agree: "He's no dummy and he does have a BIG problem with trespassers. I think our guy may be a fan of his. Ferrans' father, Rocco Ferran, was a very respected local politician in the 70's in that county. Mr. Ferran is not our enemy. He wants his rights protected, same as we want ours.

        http://stillwaterreservoir.com/wwwboard/messages/1517.html
         
         
        ----- Original Message -----
        Sent: Friday, March 05, 2004 10:19 PM
        Subject: [JAIL-SoundOff] Zero Return Attachment
         

        Mark,

         

        You are correct in the reading of the scriptures pertaining to attorneys and you do understand the difference. There's hope for you on this part.

         

        As far as The fruit of the anti-constitutional teachings you presented will be Anarchy and Death statement that you made is concerned. I disagree with it entirely. I will address it by giving you proof that the government is engaged in full-scale fraud. If you have a PACER Account with the Federal Government Clerk of Court office on the internet, you can look up my case and judge for yourself. Here's the case numbers you can look up and see it online. 

         

        ... I had this claim under the inalienable clause in all the Constitutions for united States of America and Ohio, as well as using the Declaration of Independence provisions concerning this natural right given to me by my creator of the universe. The last case number is C2-03-1133 where it sits right now.

         

        The government needs some taxes to operate.

         

        The government today is totally illegitimate in it scope of its authority on me and others who have claimed their unalienable rights under the natural laws of a Sovereign God.

         

        The government has brought the problems it has upon itself with the usurpation of the powers it has taken over the years.

         

        Remember, the governments of this nation are terrorists in their power and scope of their control.

         

         

        Mark, since you posed a question. I will pose one for you. Do you want an income tax or a Bill of Rights guaranteed by the Constitutions for the united States of America and the several state in this nation? You can only choose one of them. Pick wisely sir, the whole world will know where you stand on this issue.

         

        Remember, the income tax is connected with the Communist Manifesto Planks envisioned by the Communist Party. The Democratic Party embraces most the goals of the Communist Manifesto as most of the highest party members are card carrying communist and are proud to tell you that privately. I know of a lot of originations that are communist in its scope and will carry its goals of promoting it at every opportunity they get.

         

        Hopefully that should convince you that organized crime in America begins and ends with the government.

         

        As always, have an income tax-free day and life,

         

        /s/ Kevin Hart Non-Assumpsit

        General Manager

        Truth in Taxation Ministries

        http://www.oragainationspaynoohioincometax.com

        (216) 253-5965



        Mark Ferran <mferran@...> wrote:
        Kevin, Most of what you quote Jesus as saying about "lawyers" applies to you.  You are a "lawyer" although not an "attorn-ey."  By advising people in the manner that you elected to do, you are representing yourself as being knowledgable of the laws.  Thus, you must be judged as a lawyer. Jesus did not condemn all lawyers, for Jesus himself was a lawyer, from the age of 12.  He only condemned those lawyers who'se teachings were iniquitable and which would bear bad fruit. The fruit of the anti-constitutional teachings you presented will be Anarchy and Death.  If Americans in every state are not entitled and empowered to unite to provide a "common defense" against enemies foreign and domestic, then they will be picked off citizen-by-citizen and state-by-state.  The common defense requires "taxation" of some kind to some degree, to insure that all who are entitled to equal protection also bear an! equal burden to provide that protection in proportion to their property (e.g., their annual income property).  The concept of the annual income tax is set forth in the Bible in the Crop-share taxes.  Such income taxes never were "voluntary."  
         



        /s/ Kevin Hart, Non-Assumpsit kchart12@... General Manager, Truth in Taxation Ministries Office # (216) 253-5965 Fax # (216) 803-2575 Do you know that all income taxes are voluntary? Give yourself an instant raise, check it out and find out why. http://www.paynoincometax.com and http://www.paynoohioincometax.com 

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