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Dead Constitution
See other Dead Constitution Articles

Title: Person/Individual (as in 1040) Defined
Source: Black’s Law 6th edition (1142)
URL Source: [None]
Published: Mar 1, 2011
Author: Patrick Henry's Files
Post Date: 2011-03-01 11:52:03 by PatrickHenry
Keywords: None
Views: 122
Comments: 4

Person. In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See e.g. National Labor Relations Act, § 2(1), 29 U.S.C.A. § 152; Uniform Partnership Act, § 2. Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of Constitution affords protection since this Amendment expressly applies to "person."

Aliens. Aliens are "persons" within meaning of Fourteenth Amendment and are thus protected by equal protection clause against discriminatory state action. Foley v. Connelie, D.C.N.Y., 419 F.Supp. 889, 891.

Bankruptcy Code. "Person" includes individual, partnership, and corporation, but not governmental unit. 11 U.S.C.A. § 101.

Commercial law. An individual or organization. U.C.C. § 1-201(30).

Corporation. A corporation is a "person" within meaning of Fourteenth Amendment equal protection and due process provisions of United States Constitution. Metropolitan Life Ins. Co. v. Ward, Ala., 470 U.S. 869, 105 S.Ct. 1676, 1683, 84 L.Ed.2d 751. The term "persons" in statute relating to conspiracy to commit offense against United States, or to defraud United States, or any agency, includes corporation. Alamo Fence Co. of Houston v. U.S., C.A.Tex., 240 F.2d 179, 181.

In corporate law, "person" includes individual and entity. Rev.Model Bus. Corp.Act, § 1.40.

Foreign government. Foreign governments otherwise eligible to sue in U.S. courts are "persons" entitled to bring treble-damage suit for alleged antitrust violations under Clayton Act, Section 4. Pfizer, Inc. v. GovernII-lent of India, C.A.Minn., 550 F.2d 396.

Illegitimate child. Illegitimate children are "persons" within meaning of the Equal Protection Clause of the Fourteenth Amendment, Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 1511, 20 L.Ed.2d 436; and scope of wrongful death statute, Jordan v. Delta Drilling Co., Wyo., 541 P.2d 39, 48.

Labor unions. Labor unions are "persons" under the Sherman Act and the Clayton Act, Casey v. F.T.C., C.A.Wash., 578 F.2d 793, 797, and also under Bankruptcy Code, Highway and City Freight Drivers, Dockmen and Helpers, Local Union No. 600 v. Gordon Transports, Inc., C.A.Mo., 576 F.2d 1285, 1287.

Minors. Minors are "persons" under the United States Constitution, possessed of rights that governments must respect. In re Scott K., 24 C.3d 395, 155 Cal.Rptr. 671, 674, 595 P.2d 105.

Municipalities. Municipalities and other government units are "persons" within meaning of 42 U.S.C.A. § 1983. Local government officials sued in their official capacities are "persons" for purposesof Section 1983 in those cases in which a local government would be suable in its own name. Monell v. N. Y. City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611. See Color of law.-Black’s Law 6th edition (1142)

Res- Latin meaning "thing", object, entity in the realm of political status as per the 14th.. Resident contrasted with Inhabitant (Citizen of a State, Natural Person, National etc.).

Yours in Observing Slaves Were Also Considered "Objects in Commerce",

Patrick

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#1. To: All (#0)

In corporate law, "person" includes individual and entity. Rev.Model Bus. Corp.Act, § 1.40.

TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter A > PART I PART I—TAX ON INDIVIDUALS (http://www.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26_10_A_20_1_30_A_40_I.html)

In 2010 Patrick Henry 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. It is also clear that "income" in the "constitutional sense" cannot mean the same thing as "income" in the "ordinary sense."

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."

So "income" in a "constitutional sense" (as referred to in House Report No 1337, and Senate Report No 1622) as applied to Section 61 of the 1954 Internal Revenue Code is synonymous with corporate profit. Ergo, since Patrick Henry had no corporate "profit" in 2010, I had no "income" in a "constitutional sense" that is taxable under the 1954 Code.

Yours in Observing the 1040 Tax as a 14th Slave Tax,

Patrick

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2011-03-01   12:33:20 ET  Reply   Trace   Private Reply  


#2. To: All (#1) (Edited)

(625 ILCS 5/1-173) (from Ch. 95 1/2, par. 1-173) Sec. 1-173. Resident. (a) Every natural person who resides in this state (14th Amendment State of 1870 with U.S. citizens defined in Voter Clause, not to be confused with the 10th Amendment "state of 1818" with state Citizens defined in Citizenship Clause..lol) shall be deemed a resident of this State. (b) In the case of a firm, copartnership or association, if the principal place of business of such firm, copartnership or association is located in the State of Illinois, then such firm, copartnership or association shall be deemed a resident of the State of Illinois. (c) In the case of a corporation, if the corporation was incorporated under the laws of the State of Illinois or if the principal place of business of such corporation is in the State of Illinois, then such corporation shall be deemed a resident of the State of Illinois. (Source: P.A. 76-1586.)

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2011-03-01   13:18:10 ET  Reply   Trace   Private Reply  


#3. To: PatrickHenry (#0)

Semantic hair splitting and wangling is moot in the face of overwhelming fire power.

At this point in time the law is what the people with all the guns say it is. It is sad to have to say that, but it has the sole virtue of being true.

Remember The White Rose
"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha

Original_Intent  posted on  2011-03-01   13:30:26 ET  Reply   Trace   Private Reply  


#4. To: Original_Intent (#3)

Hi O_I,

The courts (U.S. v Slater, DC v Heller, McDonald for e.g.) have been consistent with this "hair splitting" (14th Slave v State Citizen), but it must be understood "never under any circumstances" accept or agree to function with a SS/ mark of the Beast.

Yours in Observing No 1040 Reporting = No IRS Slave Catcher Aggravation,

P.H.

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2011-03-01   13:40:10 ET  Reply   Trace   Private Reply  


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