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Title: IRS LOSES CHALLENGE TO PROVE TAX LIABILITY - Tommy Cryer
Source:
Worldnetdaily
URL Source: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=56855
Published: Jul 26, 2007
Author: Bob Unruh
Post Date: 2007-07-26 02:52:05 by Uncle Bill
Keywords: Abolish, The, IRS
Views: 220
Comments: 19
Lawyer is acquitted after arguing income levy lacks legal foundation The Internal Revenue Service has lost a lawyer's challenge in front of a jury to prove a constitutional foundation for the nation's income tax, and the victorious attorney now is setting his sights higher. "I think now people are beginning to realize that this has got to be the largest fraud, backed up by intimidation and extortion and by the sheer force of taking peoples property and hard-earned money without any lawful authorization whatsoever," lawyer Tom Cryer told WND just days after a jury in Louisiana acquitted him of two criminal tax counts. And before you consign him to the legions of "tin foil hat brigades" who argue against paying taxes, and then want payment to explain how to do that, he addresses the issue up front. "These snake oil peddlers have conned millions of dollars out of many well-intended patriots and left a trail of broken lives in their wake. … These charlatans should be avoided, not only because they will lead you to bankruptcy and prison, but because by association they discredit those who are telling the truth," he said. The truth, he said, is where he comes in, with the launch of a new Truth Attack website that is intended to build on his victory, and create a coalition of resources to defeat – ultimately – the income tax in the United States. Although the legal citations in the case tend to run the length of paragraphs, Newsbusters explained the substance of his arguments against the federal income tax this way: If I charge you $500 to fix your toilet, what part of that is profit or capital gain? The answer: You cannot decipher. Therefore, you cannot tax something that is considered an equal exchange on labor. You fix my toilet, I give you $500. It is quite simple. If ever such an argument were to be presented widely, Cryer said, the income to the federal government would plummet. But not to worry, he said, the expenses could be reduced equally by eliminating programs, departments and agencies that also have no foundation in the Constitution. "The Founding Fathers intentionally restricted the taxing powers of the new federal government as a measure of restraint on its size. By exceeding that limited taxing authority the federal government has been able to obtain resources beyond its intended reach, and that money has enabled the federal government to exceed its authority," he said. For example, he said, the Constitution does not empower the federal government to regulate education, or employment, and agriculture, yet it does so. The jury in U.S. District Court in Louisiana voted 12-0 to find Cryer, of Shreveport, not guilty of failure to file income taxes for two years. He had been indicted in 2006 on charges of failing to pay $73,000 to the IRS in 2000 and 2001. The next step in his personal case will be up to the IRS and prosecutors, if they choose to continue the issue, he said. But for the rest of the nation, he's working with Save-a-Patriot, the Free Enterprise Society, Live Free Now and his own Lie Free Zone to spread the message of the truth. "There are three points that are important," he told WND. "There's no law making the average working man liable [for income taxes], there's no law or regulation that allows the IRS to contend that earnings are 100 percent profit received in exchange for nothing, and the right to earn a living through any lawful occupation is a constitutionally protected fundamental right, and it is exempt from taxation." Spokesman Robert Marvin in Washington's IRS office told WND the Internal Revenue Code provides for taxation on salaries or wages, but when pressed for a specific citation, or constitutional provision, he said, "I can't comment." Cryer's encounter with tax law began more than a decade ago when a friend told him the income tax was sham. Cryer started researching, hoping to keep his friend out of trouble. But his conclusions, after years of research, were exactly what his friend told him. He researched not only tax laws, but also the documents pertaining to the drafting of the U.S. Constitution as well as the first income tax. He said throughout his battle, he's offered at every turn to pay taxes if the IRS could show him the authorization, and that never has happened. "The Criminal Investigation Division and Department of Justice both responded only with 'your position is frivolous.' I had never stated a position, so how could they know whether it was frivolous?" he said. "Imagine my sending you a bill for $1,000 and when you call me and ask what the bill was for I simply said, 'that position is frivolous, just write the check and send it in.'" His acquittal, he said, was a precedent because it means "people can see and recognize the truth." He said multiple Supreme Court opinions have affirmed an individual's ownership of his or her own labor, and "exercising your fundamental rights" is not taxable. "It is definitely a trade. What most people receive in the form of wages, salaries or in my case fees that they personally earned for their labor is not received in exchange for nothing." He said there might be a profit that should be taxable, but there might not. "The IRS lets Wal-Mart sell a trillion dollars worth of goods, but they can back out their cost of goods [before being taxed,]" he said. "The IRS considers, in the case of a Wal-Mart wage earner, 100 percent of what he takes in is profit." "But he's using his life, energy and work lifespan, and depleting it as he goes," Cryer told WND. "[Working] is a God-given fundamental right that is protected under the Constitution and can't be taxed any more than exercising freedom of speech." While he waits to see what, if anything, the IRS and Justice Department will do next in his case, he's working to coordinate the groups that are battling taxation as unconstitutional. "I have started a campaign to unify [the work] and we've got a number of organizations that are sponsoring and supporting this campaign," he said. The goal is to get everyone "who is aware of the truth" organized so they can spread the word. He warned without a restoration of constitutional basics, the nation is lost. "Read your Constitution and you will see that the federal role does not include ANY authority to regulate or tax any citizen directly and that WE expressly reserved the right to rule and govern ourselves as States, not as mere political subdivisions," his website says. "The Constitution does not allow the government to run your lives, but the money it is stealing from millions of Americans is the fuel for its over-reaching and kibitzing. Take the money back and we and our states and communities can again be free," he said. The fight is over "our FREEDOM from rule by a DISTANT RULER, just as we fought to free ourselves of a distant England over 200 years ago," he said. "Tax Revolt: How Americans are challenging the IRS and the 16th Amendment" Previous stories: Bench warrant issued for N.H. tax resister 'Dr. Dino' convicted in Florida tax fraud trial Creationist 'employed by God' charged with tax fraud Film challenges the Fed, income tax Tax crusader Irwin Schiff found guilty on all counts Tax activist wins in federal court IRS 'enforcers' target ex-agent Fed 'strike force' targeting tax reformers? Woman triumphs over IRS in tax case Activist: 'Stop paying federal income taxes National sales tax gains momentum Tax reform still on group's agenda 'Truth in Taxation' forum ends in D.C. Tax group urges Americans: 'Wait to file' 'Ghosts' group threatens IRS employees IRS bashes 'frivolous tax arguments' Activists challenge IRS using agency's rules Are federal income taxes legal? .jpg)
IRS loses challenge to prove tax liability Quite simply, he proved that the definition of Income as defined by the Supreme Court is NOT income from our labor, but rather things like interest and profit. You CANNOT tax a person's labor because it is a God-given right that we may work to support ourselves.
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#1. To: christine, Zipporah (#0)
Press 1 for English, Press 2 for English, Press 3 for deportation Death of Habeas Corpus: “Your words are lies, Sir.”
Motion and Basis: Government Response: Motion No. 1: The government's charge fails to state an affirmative act, a necessary element for any evasion charge; failure to file a return for a trust is an omission, not an act; clear and compelling court authorities cited in support. Claims that concealing income in the trust is the act, although by this time government is aware that the trust not only had no income, all it had to "conceal" is losses; no authorities cited; Motion No. 2: There is no law or regulation entitled to enforcement fixing the rates of the tax; 1995 Congress dropped rates from the Code and instructed Secretary of Treasury to fix rates; Secretary did not publish or promulgate any rule or regulation fixing rates, a requirement of the Administrative Procedures Act (APA) for a rule or regulation to have any legal effect; Secretary merely revised tax tables in the 1040 instructions booklet, which is no more binding or enforceable than the National Inquirer. Government claims that APA (which was enacted to provide procedures for adopting rules and regulations) does not apply to rules and regulations, citing authorities that held exactly the opposite; and cannot produce any documentation that Treasury ever published and promulgated any tax rates, in effect having to admit by silence that none were ever promulgated. Motion No. 3: The trust complained of was formed only to protect disabled wife from manipulative son (affidavit attached); the trust not only had no income but lost significant amounts both years (affidavit, brokerage account records, spreadsheet showing losses, CPA's affidavit certifying no income attached); trust had no tax liability (CPA's affidavit and pro forma returns attached). Government contends that it is inappropriate to consider such facts. No authority cited. Motion No. 4: There is no tax deficiency owed by defendant, a necessary element of any evasion charge, because: No statute or other authorities cited because none exists; calls the motion's grounds "tax protester" arguments; No statute or other authorities cited because none exists; No authorities cited, no Constitutional basis for authority to tax given; No authorities cited, no basis for opposition to Supreme Court authorities provided; No authorities cited, no basis for opposition to Supreme Court authorities provided; Cites a few lower court cases that are either inapplicable or did not include the holding for which they are cited; more name calling. Press 1 for English, Press 2 for English, Press 3 for deportation Death of Habeas Corpus: “Your words are lies, Sir.”
How can they 'prove' something that doesn't exist?
"You can not save the Constitution by destroying it."
Someone should start a "no taxes" ping list.
Ron Paul for President
outstanding article and in WND no less!
I imagine a lot of folks would sign up for that one! My 2¢ on the matter: 1. Congratulations to Mr Cryer on his victory! This can only be perceived as a step in the right direction. Ditto to Joe Bannister and others who have prevailed in this cause. I need to expound on #5 further. These are ALL tools by which they keep you in the system, and keep you enslaved. As long as you participate in ANY of these things, you will be adding wood to the fire. The ONLY way to end the fraud permanently is for each of us to be willing to make changes in ourselves. Get out of the stocks and bonds; get out of the insurance policies (including SS); get out of the banks. In other words, quit being the enablers of the addict to continue it's addiction.
99 percent of lawyers give the rest a bad name. Good all around analysis. I admire the fighters but know I cannot be one of them.
Ron Paul for President
Color me skeptical. There's a hidden aganda.
Just a thought. We borrow everything from the Federal Reserve plus interest to fund every government program. The debt will never be paid off. The government, economy and country will collapse. The international bankers will be laughing in their humble homes. God bless. Why an Income Tax is Not Necessary to Fund the U.S. Government President's Private Sector Survey On Cost Control January 15, 1984. Available from the Congressional Research Service. Press 1 for English, Press 2 for English, Press 3 for deportation Death of Habeas Corpus: “Your words are lies, Sir.”
"How can they 'prove' something that doesn't exist?" Yep, that's the point and the beauty of it. There is no law. That's a slam dunk. I believe the only issue left is do you trust your fellow citizens as jurors in these cases? Would the jurors confront nearly every judge(because nearly all of them are corrupt) and persist in show me the law. When the judge can't provide it, which they can't, then jurors have to find the defendant "NOT GUILTY". Period, end of story. But again, juries are flaky, and often don't consider the issue, THE LAW.
Press 1 for English, Press 2 for English, Press 3 for deportation Death of Habeas Corpus: “Your words are lies, Sir.”
More than just a thought - that's exactly how it works, and exactly what WILL happen. How much longer the boat will float is anyone's guess, but she's been torpedoed and is taking on water. * In other words, all individual income tax revenues are gone before one nickel is spent on the services which taxpayers expect from their government." I've often thought that it probably takes at least 75% of what the IRS drags in just to run the IRS. I'd love to see the actual numbers on it, but I bet they've never been published. The reason the income tax isn't flat abolished is because it has become so big that it generates it's own economy. Look at all the CPAs and employment generated because of it. What would all those number crunchers do for a living if it weren't for income taxes? At VERY BEST, all our taxes do is pay the interest on what the govt borrows from the FR to fund their shit. And I seriously doubt if it even does that.
99 percent of lawyers give the rest a bad name. It's only a fight if you participate in their game. That's the point I was trying to make - don't play their game. How many folks even realize that the US government STILL to this day stamps out gold and silver coin 5 days a week??? WHY don't more folks use them as their choice of "legal tender"??? After all, those 17 little words in Article 1, Section 10 of the US Constitution have never been repealed: When the government stamps out a 1oz gold coin tomorrow it will have a face value of $50. The silver coin they stamp will have a face value of $1 I don't have a bank account, credit card, or stock market portfolio. If you want to buy raw milk or butter from me, you will have to pay in silver. If I sell you 3 gallons of milk for 1 silver dollar, that is what I can LEGALLY claim as the "income" from that milk sale - $1 By the income tax's own rules, I don't have to even file a return if my "income" is less than $8500. That's 8500 ozs of silver or 170 ozs of gold - IF I use that STRICTLY as the money I use. All business I do is through private contract ONLY. Of course, don't expect General Motors to give you your paycheck in silver or gold..... You can't expect to be part of a corporation (a creation of the state) and not abide by the corporation's rules.
99 percent of lawyers give the rest a bad name. That's where the rubber meets the road alright. Do I trust them? NO. I bet the average "jury member's" TV set is on 8 hours a day minimum. And in my personal experience I've found that for every 100 people that I try to "wake up", MAYBE one does - and at that, if it comes down to crunch time they'll flake out too and nothing's changed.
99 percent of lawyers give the rest a bad name. In coming days when the fight becomes a battle, there will be opportunities to help others that are engaged in the battle. Maybe a chance to provide a meal, a place to hide-out, some gas or a ride to sanctuary, will avail itself. Make the most of the situation at that moment, even if the time isn't ripe for you today. There are people with children or other prohibitive life conditions that aren't able to resist as much as others immediately, and this should be easily understood. The times are about to change, and many of the reasons that exist today for remaining compliant will dissipate. If anyone remains compliant simply for convenience they should admit that they are willing to lick the hand that feeds them and shut up about freedom. If someone has a legitimate issue that forces them to comply with the criminal U.S. government for the sake of their kids or other loved one's health requirements wherein the conditions for assistance are actually coercive manipulation on the governments part, should not be misconstrued as voluntary. Everyone will be tested when the wheels fall off.
"The mighty are only mighty because we are on our knees. Let us rise!" --Camille Desmoulins
Without a doubt. There won't be "gray areas" to hide in.
Ron Paul for President
I've read about communities that us the barter system very well, to the annoyance of the IRS.
Ron Paul for President
BTTT
Press 1 for English, Press 2 for English, Press 3 for deportation Death of Habeas Corpus: “Your words are lies, Sir.”
"You can not save the Constitution by destroying it."
BTTT
Press 1 for English, Press 2 for English, Press 3 for deportation
#2. To: All (#1)
#3. To: Uncle Bill (#2)
#4. To: Uncle Bill, noone222, Pinguinite, innieway (#0)
#5. To: Uncle Bill (#0)
#6. To: robin (#4)
Someone should start a "no taxes" ping list.
2. While quite a few informed people have heard about these victories, they have learned of them through the internet. You can rest assured that NONE of these victories have been broadcast over any mainstream media sources. Unfortunately, MSM still is what entirely too many folks depend upon for their information. In other words, there are still a great many people that have not heard of these victories.
3. Despite these victories TheStateInc will continue to pursue these cases, and will (unfortunately) prevail in many of them.
4. Mr Cryer was lucky enough to have a judge which allowed things to be presented to the jury while many others have not been so fortunate. Some judges have been so blatant as to say "Don't bring the Constitution into this courtroom"!!!
5. Americans on the whole "want their cake and want to eat it too" (for lack of a better analogy at the moment).
Very few people want to pay income taxes, yet 99.9% of those same people do want their Social Security "benefits". I suspect that it's not as much the monthly check during their "retirement years" as it is the Medicare/Medicaid that they'll be on. Everyone knows that health care for major problems such as heart trouble or cancer is cost prohibitive out-of-pocket for all but the Bill Gates and Warren Buffets of the world. I would hope that people would recognize by now (especially folks that are as informed as the ones on this forum) that nothing is free, especially when the StateInc is involved! Frankly, I'm surprised that the StateInc hasn't postured the position that your income taxes are what pays for all the "benefits" of Social Security, and that your Social Security payment taken out of each work check is what is returned to you during retirement in the form of a monthly check.
Even Edgar Steele in a recent article stated he had applied for his Social Security benefits, but was denied. Face it, nobody wants to forego their SS later in life! Well, I shouldn't say nobody; I know of 4 people that have decided that they can be responsible for their own retirement, including any medical care they may need - and aren't paying in to SS; NOR will they be ever be receiving anything from the system.
Believe it or not, there are a handful of folks that have withdrawn from the SS system. And those people are now in a different status. I know of 1 guy that dropped out of the SS system 24 years ago and hasn't filed a tax return since then. He has never gotten so much as a letter from them! You see, the SS system is the TOOL by which you are tied to the income tax system!!
That same 99.9% of the people I mentioned above also do want things such as (but not limited to):
Checking accounts
Credit/debit cards
Stock Market portfolios
Steven Wright
#7. To: innieway (#6)
#8. To: christine (#5)
and in WND no less!
#9. To: innieway (#6)
A Report to The President (Reagan)
The excerpt below can be found on page 12.
Government took 100% of all taxable income beyond the $75,000 tax bracket not already taxed, it would get only $17 billion, and this confiscation, which would destroy productive enterprise, would only be sufficient to run the Government for several days.
#10. To: Itisa1mosttoolate (#3)
#11. To: Uncle Bill (#9)
Just a thought. We borrow everything from the Federal Reserve plus interest to fund every government program. The debt will never be paid off. The government, economy and country will collapse. The international bankers will be laughing in their humble homes.
* 100% of what is collected is absorbed solely by interest on the Federal Government contributions to transfer payments.
I have a cousin that was an auditor for the IRS, and her salary 17 years ago (last time I asked) was $50K/yr. How many auditors do they have nationwide??? And what kind of salaries do the supervisors above her make??? And what is the cost of all the paper and printing involved in all their stupid forms??? Cost of mailing those forms??? "Help lines"??? I could go on and on, and how many people's taxes does it take just to pay her salary???
Steven Wright
#12. To: robin (#7)
I admire the fighters but know I cannot be one of them.
No State shall...make any Thing but gold and silver Coin a Tender in Payment of Debts.
Steven Wright
#13. To: Uncle Bill (#10)
I believe the only issue left is do you trust your fellow citizens as jurors in these cases? Would the jurors confront nearly every judge(because nearly all of them are corrupt) and persist in show me the law. When the judge can't provide it, which they can't, then jurors have to find the defendant "NOT GUILTY". Period, end of story. But again, juries are flaky, and often don't consider the issue, THE LAW.
Steven Wright
#14. To: robin (#7)
I admire the fighters but know I cannot be one of them.
#15. To: noone222 (#14)
Everyone will be tested when the wheels fall off.
#16. To: innieway (#12)
#17. To: Itisa1mosttoolate (#3)
#18. To: Uncle Bill (#17)
#19. To: ALL (#5)
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