|
SOVEREIGN IMMUNITY:
 |
Why
This Website and Our Activities Are
Not Subject to Federal or State Jurisdiction |
The
purpose of the page is to identify a small subset of the many reasons why this
website and the activities of the Sovereignty Education and Defense Ministry (SEDM) are beyond federal and state civil
and criminal jurisdiction.
OUR FIDUCIARY STATUS
Our delegation of authority order from God
Himself is described below, extracted from the trust document to which we
are a party:
Delegation of Authority
from God to Christians, Form #10.008
http://sedm.org/Forms/Emancipation/DelOfAuthority.pdf
We are God's "defense counsel", His "Attorney General", His
"Department of Justice", His "Department of State", and His "Ambassador" on
earth just as Jesus was, and we believe that doing so is the only way to achieve true sovereignty. In that
sense:
- We are fiduciaries of God, who is a "nontaxpayer",
and therefore we are "nontaxpayers". Our legal
status takes on the character of the sovereign who we represent,
pursuant to Federal Rule of Civil Procedure 17(b).
Therefore, we become "foreign
diplomats" of our Lord, Lawgiver, and King.
"For God is the King of all the
earth; Sing praises with understanding."
[Psalms
47:7, Bible, NKJV]
"For the LORD is our Judge, the LORD is our Lawgiver,
the LORD is our King; He will save [and protect] us."
[Isaiah
33:22, Bible, NKJV]
- The laws which apply to all
civil litigation relating to us are from the domicile of the
Heavenly sovereign we represent, which are the Holy Bible
pursuant to:
2.1 God's Laws found in the
memorandum of law below:
Laws of the Bible, Form #05.023
2.2
Federal Rule of Civil Procedure 17(b)
2.3
Federal Rule of Civil Procedure 44.1
2.4
Rules of Decision Act, 28 U.S.C. §1652
- Our "domicile" is
the Kingdom of God on Earth and not within the jurisdiction of
any man-made government.
See the following for two powerful
articles demonstrating all the implications of this choice
of political affiliation which is protected by the First
Amendment:
3.1
Why
Domicile and Income Taxes are Voluntary, Form #05.002
3.2
Why Domicile and Income Taxes are Voluntary (OFFSITE
LINK)
- We are "Nonresident
aliens" and "nationals" but not "citizens" under federal law. The reason this must be so is that a
statutory "citizens
of the United States" pursuant to 8
U.S.C. §1401 (who are all domiciled on federal territory and outside the
exclusive jurisdiction of any state) may not be classified as an instrumentality of a foreign
state under
28 U.S.C. 1603(b)(3)(b). See the article below for further
details and evidence.
4.1
Why you are a 'national' or a 'state national' and not a 'U.S.
citizen', Form #05.006
4.2
Nonresident Alien Position, Form #05.020
- We are not "individuals" within the meaning of any
government statutes, because all "individuals" within
federal and state law are government "employees" and or
"public officers" pursuant to 5 U.S.C. §552a(a)(2) and
5 U.S.C. &2105. For proof, see:
5.1
"Public" v. "Private" Employment: You Really Work for Uncle
Sam if you Receive Federal Benefits (OFFSITE LINK)
5.2
Why
Your Government is Either a Thief or You are a "Public
Officer" for Income Tax Purposes, Form #05.008
5.3
Why
All Statutory Law is Law for Government and Not Private
Individuals, Form #05.037
5.4
Government
Instituted Slavery Using Franchises, Form #05.030
5.5
The
Government "Benefits" Scam, Form #05.040
5.6
The
"Trade or Business" Scam, Form #05.001 5.7
The
"Trade or Business" Scam (OFFSITE LINK)
- We are not and cannot be privileged "residents"
of any earthly jurisdiction without having a conflict of
interest and violating the first four Commandments of the Ten Commandments found in
Exodus 20. The Kingdom of Heaven is our exclusive legal "domicile",
and our "permanent place of abode", and the source of ALL of our permanent protection and security. We cannot and should not
rely upon man's vain earthly laws as an idolatrous substitute
for Gods sovereign laws found in the Bible. Instead, only
God's laws and the Common law, which is derived from God's law,
are suitable protection for our God-given rights.
“For I was ashamed to request of the
king an escort of soldiers and horsemen to help us
against the enemy on the road, because we had spoken to
the king, saying ‘The hand of our God is upon all those
for good who seek Him, but His power and His wrath are
against all those who forsake Him.’ So we fasted and
entreated our God for this, and He answered our
prayer.”
[Ezra
8:21-22, Bible, NKJV]
- We are "Foreign Ambassadors" and "Ministers of a Foreign State"
called Heaven. The U.S. Supreme Court said in U.S. v. Wong Kim Ark below that "ministers of a foreign state" may not be statutory
"citizens of the United States".
"For our citizenship is in heaven [and not earth],
from which we also eagerly wait for the Savior, the Lord Jesus
Christ"
[Philippians
3:20, Bible, NKJV]
"And Mr. Justice Miller, delivering the
opinion of the court [legislating from the bench, in this
case], in analyzing the first clause [of the Fourteenth Amendment], observed that “the
phrase ‘subject to the jurisdiction thereof’ was intended to
exclude from its operation children of ministers, consuls,
and citizens or subjects of foreign states,
born within the United States."
[U.S. v. Wong Kim Ark,
169 U.S. 649, 18 S.Ct. 456; 42 L.Ed. 890 (1898)]
- Our dwelling, which
is a "temporary and not permanent place of abode", is a "Foreign Embassy".
Notice we didn't say "residence", because only "residents"
(aliens) can have a "residence" under 26 CFR §1.871-2(b)
- We are protected from
federal government persecution by 18 U.S.C. §112 and the Foreign Sovereign Immunities Act of 1976.
- We are a "stateless
person" within the meaning of 28 U.S.C. §1332(a) immune from the jurisdiction of the
federal courts, which are all Article IV, legislative,
territorial courts because we do not maintain a domicile
within any of the federal "States" (territories) identified
in 28 U.S.C. §1332(d).
- We are not allowed
under God's law to conduct "commerce" or "intercourse" with
"the
Beast" by sending to it our money or receiving benefits we did
not earn. Black's law dictionary defines "commerce" as
"intercourse". The Bible defines "the Beast" as the "kings
of the earth"/political rulers in Rev. 19:19:
“Commerce.
…Intercourse by way of trade and traffic between different peoples or
states and the citizens or inhabitants thereof, including
not only the purchase, sale, and exchange of commodities,
but also the instrumentalities [governments] and agencies by
which it is promoted and the means and appliances by which
it is carried on…”
[Black’s Law Dictionary, Sixth Edition,
p. 269]
"Come, I will show you the judgment of the great
harlot [the atheist totalitarian democracy] who sits on many
waters [which are described as seas and multitudes of people
in
Rev. 17:15[, with whom the kings of the earth
[political rulers of today] committed fornication
[intercourse], and the inhabitants of the earth were made
drunk with the wine of her fornication [intercourse,
usurious and harmful commerce]."
So he carried me away in
the Spirit into the wilderness. And I saw a woman sitting on
a scarlet beast which was full of names of blasphemy, having
seven heads and ten horns. The woman was arrayed in purple
and scarlet, and adorned with gold and precious stones and
pearls, having in her hand a golden cup full of abominations
and the filthiness of her fornication [intercourse].
And on her forehead a name was written: MYSTERY,
BABYLON THE GREAT, THE MOTHER OF HARLOTS AND OF THE
ABOMINATIONS OF THE EARTH.
I saw the woman, drunk with
the blood of the saints and with the blood of the martyrs of
Jesus. And when I saw her, I marveled with great
amazement."
[Rev.
17:1-6, Bible, NKJV]
“And I saw the beast, the kings
[heathen political rulers and the unbelieving democratic
majorities who control them] of the earth [controlled by
Satan], and their armies, gathered together to make war
against Him [God] who sat on the horse and against
His army.”
[Revelations
19:19, Bible, NKJV]
The bible calls this
kind of commerce "fornication" and "adultery" and describes the
fornicator called "Babylon the Great Harlot" basically as a
democracy instead of a Republic in Revelations chapters 17
to 19. This is consistent with the Foreign Sovereign
Immunities Act found in 28 U.S.C. §1605(a)(2),
which says that those who conduct "commerce" with the "United
States" federal corporation within its legislative jurisdiction
thereby surrender their sovereignty.
Participation in our corrupted tax system
also fits the classification of "commerce" within the meaning of
this requirement.
Click here for details.
The Lord agreed with these conclusions when he said:
"Adulterers and adulteresses! Do you not know that friendship [and
"citizenship"] with the world [or the governments of the world] is
enmity with God? Whoever therefore wants to be a friend
["citizen" or "taxpayer"
or "resident"] of the world makes himself an enemy of God."
[James
4:4, Bible, NKJV]
Any other status imputed or assumed by the
government amounts to "compelled association" in violation of the First Amendment. We must surrender our
sovereignty to Him and become His fiduciaries in order to be granted sovereignty over our
government and our own affairs, because ALL SOVEREIGNTY ultimately comes
from Him:
"Because you
[Solomon, the wisest man who ever lived] have done
this , and
have not kept My covenant and My statutes [violated
God's laws], which I have commanded you,
I will surely
tear the kingdom [and all your
sovereignty] away from you and give it to
your [public] servant."
[1
Kings 11:9-13, Bible, NKJV]
"Humble yourselves
in the sight of the Lord, and He will lift you up [above your
government]."
[James
4:10, Bible, NKJV]
“Those people who are
not governed by GOD [and His law, both figuratively and literally] will be ruled by tyrants.”
[William Penn (after
which Pennsylvania was named)]
“Let us hear the
conclusion of this whole matter: Fear [respect] God and keep His
commandments [Laws found in the Bible], for this is man’s all. For God
will bring every work into judgment, including every secret thing,
whether good or evil.”
[Eccl.
12:13-14, Bible, NKJV]
EVIDENCE OF IMMUNITY
Below is a long list of the many
additional reasons why
we are completely immune and possess "sovereign immunity" from suit
or action by the state and federal governments of the United States
of America:
- Our website doesn't
"sell"
anything and we do everything for free speech and religious reasons.
We offer materials for a negotiable suggested donation and not a "price" and we
do not market, "promote",
or "advertise". We also offer our materials for free to
those in genuine need.
"Do
no lay up for yourselves treasures on earth, where moth and rust destroy
and where thieves [in the government and the IRS] break in and steal; but
lay up for yourselves treasures in heaven where neither moth nor rust
destroys and where thieves do not break in and steal. For where your
treasure is, there your heart will be also."
[Matt.
6:19-21, Bible, NKJV]
"...freely ye have received, freely give."
[Matthew
10:8, Bible, NKJV]
"Buy
the truth, and sell it not."
[Proverbs
23:23, Bible, NKJV]
"What
is my reward then? Verily that, when I preach the gospel, I may make the
gospel of Christ without charge, that I abuse not my power in the
gospel."
[1
Corinthians 9:18, Bible, NKJV]
"And
you shall take no bribe, for a bribe blinds the
discerning and perverts the words of the righteous."
[Exodus
23:8, Bible, NKJV]
"He
who is greedy for gain troubles his own house, But he who hates bribes will live."
[Prov.
15:27, Bible, NKJV]
"Surely
oppression destroys a wise man's reason. And a bribe debases the heart."
[Ecclesiastes
7:7, Bible, NKJV]
- Our
entire website constitutes a
Petition for Redress of Grievances for the
many violations of rights committed by government against the people both inside and outside of its jurisdiction. This is also a right
protected under the First Amendment to the United States Constitution..
- Our website is religious speech and the free
exercise of our religion, because we use God's law to denounce all of the
bad things that government does and because God commands us to
resist the
devil. Anyone in government who does not obey either the
Constitution or enacted positive law, or who pretends that a repealed
"code" such as the Internal Revenue Code is "law"
when it in fact is not is "the devil" in
this case. This too is protected under the First Amendment to the United
States Constitution.
“So
long as one’s faith is religiously based at time it is asserted, it does not
matter, for free exercise clause purposes, whether that faith derives from
revelation, study, upbringing, gradual evolution or some source that appears
entirely incomprehensible and constitutional protection cannot be denied
simply because early experience has left one particularly open to current
religious beliefs.” [Callahan
v. Woods, 658 F.2d 679 (1981)]
“Once
bona fide First
Amendment issue is joined, burden that must be shouldered by government to
defend a regulation with impact on religious actions is a heavy one, and basic
standards is that a compelling state interest must be demonstrated.”
[Stevens v. Berger, 428 F.Supp.
896 (1977)]
- This website is a non-profit Christian religious
ministry and an act of worship of our God. It is undertaken in full
satisfaction of God's laws and all of the approaches revealed are based
entirely on the Bible and the Holy Spirit, and written positive law. Any attempt to censor this
information or to compel us to take any other approach is a violation of
our sincerely held religious views, which are incompletely but succinctly
documented here.
- Our main server at
http://sedm.org is not located anywhere in the United States (the country) and is
therefore outside of the jurisdiction of any court in that country.
"Long arm" jurisdiction outside of the country may not be asserted
unless there is harm occurring to specific individuals inside, and
unless that harm is OUR fault and not theirs. Since everything we
produce is strictly of educational nature, comes with a disclaimer, and the choice to use it is
strictly that of the user and not us, then no culpability for any harm can be
assigned to us. Therefore, no "long arm" jurisdiction may be
asserted by any court within the country. The exercise of the
Right to Petition under the First Amendment can't be labeled as "harm" or made into a crime by
the government anyway because doing so would clearly be
unconstitutional.
"The claim and
exercise of a [protected] constitutional right cannot be converted
into a crime." [Miller v. US, 230 F 486, 489]
-
Everything on this
website consists of religious and political beliefs and speech and
opinion that is not factual and not actionable. As a result,
nothing on this website is even admissible as evidence pursuant to Federal
Rule of Evidence 610 and therefore can never even become the subject
of any lawful court proceeding without violating the
Separation of Powers.
-
We don't give legal advice
or represent people, so we
can't be accused of practicing law without a license.
-
Everything we are doing comes directly
from the Bible and from the
government's
own laws. The only reason people would believe what we say is
because they believe what the government prints in its own laws and
court rulings.
-
We tell everyone to verify for
themselves what we tell them so they don't have to believe us. We even
show them where to go to verify it. Our Member Agreement, in
fact, says they aren't allowed to trust anything we say and that the
only thing they can believe is contained in the "Reasonable
Belief" pamphlet.
-
We aren't trying to persuade people to
violate any law, and especially
God's
laws. Nor are we attempting to persuade them, as the government
does, to obey that which is NOT law, but religion, such as the Internal
Revenue Code. See Great IRS Hoax, sections 5.4.1 through 5.4.1.5.
-
We have earnestly and diligently sought
out every source of government information on the subjects we cover and
found none that conflict with the conclusions of our research that apply to
the jurisdiction within which we are domiciled, which is Heaven.
- We frequently demand and
insist
that the government rebut not our opinions, but the words
right of their own mouth and out of their own laws, clearly showing that no
one is responsible to pay income taxes. If they called our work
frivolous, they would have to call their own words and laws frivolous!
We have told the government that we would even post their rebuttal here for
all to see if they provide it as an affidavit from a person in authority.
Since they haven't rebutted anything on our website, then we must assume
that they agree with EVERYTHING on this website! Thank you, DOJ and
IRS!
"Silence
is a species of conduct, and constitutes an implied representation of the
existence of facts in question. When silence is of such character and
under such circumstances that it would become a fraud, it will operate as an
Estoppel." [Carmine v. Bowen, 64 A. 932]
- We are practicing exactly
what we preach so we are without hypocrisy (see
Rom.
12:9)
- The criminal laws of the federal government only
apply on federal territory under
Article 1, Section 8, Clause 17 of the
Constitution. This is a result of the fact that the federal
government has no police
powers inside of states of the Union. There are very few
exceptions to this, and all are identified in the federal Constitution,
including mail fraud and counterfeiting. Everything else comes
exclusively under state jurisdiction. We therefore do not live
inside the "United States" identified in most federal statutes
and are not subject to most federal statutes.
-
Everything we say has a
Disclaimer.
-
Our Disclaimer makes it
very clear that if you use anything on this website, the copyright
associated with the website mandates that you waive your right to
prosecute or complain about us. You also agree to substitute
yourself as the target for any
civil or criminal prosecution against us based on a complaint you made or
evidence you provided.
-
This website is intended only for
"nontaxpayers" who live outside the federal
zone and are "non-residents" of the "United
States". It is not for "taxpayers" or people who live inside
the federal zone or the "United
States" and
we tell these people to instead consult http://www.irs.gov for educational materials. See our Disclaimer once again for evidence of this. See also section 5.6.14 of
the Great IRS Hoax
book for further details.
-
The use of the word "you", or
"we" and any statements which might appear to be directed at
third parties are only directed at the author and not other readers.
The materials on this website are the play book developed by the author
only for use by himself and not other parties. Posting the materials
here constitutes a way to share his work with others. See our Disclaimer once again for evidence of this. If the right of free
speech does not include the ability to define the words we mean, then we
don't have free speech under the First Amendment.
-
We are not statutory "U.S.
citizens" or "citizens of the United States" under 8
U.S.C. §1401, where "United States" in that context means territories and possessions of the United States and not states of the
Union. Instead, we are constitutional "citizens of the United States of America", which the Congress has called "American
Citizens" from the very beginning. See 1 Stat. 477 for proof. We have noticed the government on repeated
occasions to ensure that their records are consistent with this fact.
Therefore, we are not subject to federal jurisdiction by virtue of
citizenship, which means the federal government has no in personam
legislative
jurisdiction over us no matter where we are. It has "political
jurisdiction" over us but not "legislative jurisdiction". We are "non-citizen
nationals" as defined in 8
U.S.C. §1101(a)(21) and
8
U.S.C. §1452 and
Fourteenth Amendment "citizens of the United
States". This citizenship status makes us a "
nonresident
alien" for the purposes of Title 26, Subtitle A personal income taxes. See
also sections 4.11 through 4.11.10 of the Great
IRS Hoax book for further details.
- All "Acts
of Congress", including the entire Internal Revenue Code,
apply only to
domiciliaries,
territory,
and
franchises
of the United States government.
States of the Union are sovereign and not subject to federal legislative
jurisdiction
because they are
foreign
states (see
86
C.J.S. §1).
Click here for
details.
- The prohibition against declaratory judgments of federal courts found in
28
U.S.C. §2201 disallows these courts from ruling on rights within the
context of federal income taxes. There is only one place where
Constitutional rights may not be enforced in federal courts or where
Congress has the legislative authority to suspend enforcement of
Constitutional rights in courts of justice, which is inside the
federal
zone as per Downes v. Bidwell,
182
U.S. 244 (1901). That case also points out that the Congress
cannot legislate away the applicability of rights to states of the Union.
- As per the Federal Register Act,
44
U.S.C. Chapt. 15, enforcement regulations are required in order for
any part of the Internal Revenue Code to impose any kind of penalty, and none exist.
Click
here to see a list of the missing regulations.
26 U.S.C. 7805 says that the Secretary of the Treasury "shall" (must) write regulations for
the enforcement of the Internal Revenue Code. Since none exist which
authorize the IRS do enforce, then
the IRC simply cannot be lawfully enforced. Therefore, the Internal Revenue
Code is special law that applies only to public officers, employees, agents, and federal
benefit recipients specifically exempted from the requirement for
implementing regulations published in the Federal Register.
No enforcement regulations are required for statutes that only apply to
groups exempted from the requirement for implementing regulations
identified in 44
U.S.C. §1505(a) and
5 U.S.C. §553(a).
Click here for details. The
affect of failure to publish implementing regulations authorizing specific
enforcement actions is identified in 26 CFR §601.702(a)(2)(ii), and it
indicates that the rights of no member of the public at large may be
adversely affected by the actions of an agency:
26
CFR §601.702 Publication and public inspection
(ii) Effect of
failure to publish. Except to the
extent that a person has actual and timely notice of the terms of any matter
referred to in subparagraph (1) of this paragraph which is required to be
published in the Federal Register, such person is not required in any
manner to resort to, or be adversely affected by, such matter if it is not so
published or is not incorporated by reference therein pursuant to subdivision
(i) of this subparagraph. Thus,
for example, any such matter which imposes an obligation and which is not so
published or incorporated by reference will not adversely change or affect a
person's rights.
Click here for exhaustive
details on this SCAM.
- The graduated income taxes that apply in the case of the IRS Form 1040
are unconstitutional when applied outside the
federal
zone or the federal "United
States", because they violate the requirement for uniformity
found in Article
1, Section 8, Clause 3 of the
U.S.
Constitution. At least two state Supreme Court cases have agreed
with this conclusion. See Culliton v. Chase, 25 P.2d 81 (1933) and
Jensen v. Henneford, 53 P.2d 607 (1936). According to the
Full Faith and Credit Clause of the Constitution, Article IV, Section I,
Americans have a right and the IRS and state revenue agencies have a duty to
recognize and abide by such judicial decisions of the Supreme Court of the
state of Washington. To fail to do so is to deprive us of the equal
protection of the laws.
- The definitions of "United
States" and "State"
found in 26
U.S.C. §7701(a)(9) and (a)(10) and
26 CFR §31.3121(e)-1 clearly show that "United
States" in the context of the Internal Revenue Code means the federal
zone. See Great IRS Hoax, sections 5.2 through 5.2.16.
- The
U.S. Tax Court is an
Article
I court established through the exclusive legislative authority of
Congress under Article
1, Section 8, Clause 17 of the Constitution.
The judges in this "court" (which is actually a federal office
building that is part of the Executive branch and not the Judicial branch) hold office for a limited term of 15
years under 26
U.S.C. §7443(e). The Supreme Court said the following of courts
whose judges hold limited rather than lifetime terms, which in turn
confirms that the income tax only applies in federal territories, keeping
in mind that states of the Union are not territories:
"As
the only judicial power vested in Congress is to create courts whose
judges shall hold their offices during good behavior, it necessarily
follows that, if Congress authorizes the creation of courts and the
appointment of judges for limited time, it must act independently of the
Constitution upon
territory
which is not part of the
United
States within the meaning of the Constitution."
[O'Donohue v. United States,
289
U.S. 516, 53 S.Ct. 740 (1933)]
The
states of the Union are "nations" under the law of nations and no nation can enforce its legislation or "Acts
of Congress" (which includes the Internal
Revenue Code) in a sovereign "foreign
country" under the law
of nations absent authority from the Constitution itself or absent
proof on the record of "comity" or express consent to the extraterritorial
jurisdiction. According to the Supreme Court, no such authority exists under the Sixteenth
Amendment to enforce collection within states of the Union upon natural born
American Citizens. To admit otherwise is to admit that the sovereign
states of the Union have been conquered and politically subjugated to
become federal territories by the
federal government in a silent and treasonous coup by a corrupted legal
profession, and that we are operating under a "de facto"
government not authorized by our Constitution.
- There is no statute anywhere in Subtitle A of Title 26, the
Internal
Revenue Code, making anyone
liable to pay federal income taxes
other than withholding agents on nonresident aliens pursuant to
26 U.S.C. §1461. The
result is that "taxes" under Subtitle A of the Internal
Revenue Code are entirely voluntary and not mandatory. See section 5.6.1 of the Great
IRS Hoax book for details. The only section of the I.R.C. that refers to any
kind of "legal duty" is 26
U.S.C. §6151, and this section says that a person shall pay the
amount appearing on a return.
26
U.S.C. §6020(b) then indicates that the only person who can fill out
and file a return is the person against whom the tax is laid: the IRS
cannot do a substitute for return on a natural person under subtitle A of
the Internal Revenue Code.
- The United States Department of Justice has no authority under the
Constitution or
under the U.S. Code or under any delegation order in place, to prosecute
anyone for violations of the criminal portions of the
Internal Revenue
Code for any offenses within states of the Union. All attempts to enforce the Internal Revenue Code criminal
provisions inside states of the Union amounts to treason, extortion
under the color of law,
breach of fiduciary
duty, fraud, and a
violation of 18
U.S.C. §1589(c) (forced labor) and is subject to mandatory
restitution under
18
U.S.C. §1593. See section 5.4.10 of the Great
IRS Hoax.
- 26 U.S.C.
§7343 identifies the legal "person" who can be prosecuted for criminal
violations of the Internal Revenue Code, and that definition does not
include most natural persons and certainly doesn't include us. See
section 5.4.8 of the Great
IRS Hoax book.
- IRS has no legal authority to assess penalties against natural persons
who are not elected or appointed officers of the United States government,
and we are not such officers. See:
30.1 Section 5.4.5 of the
Great
IRS Hoax book.
30.2
Federal Enforcement Authority
within States of the Union, Form #05.032
30.3
Why All Statutory Law is Law for
Government and Not Private Persons, Form #05.037
30.4
IRS Due Process Meeting
Handout, Form #03.008
- Most private employers within states of the
Union are not authorized to
be "withholding agents" for federal income taxes because of the definition
of "withholding agent" found in 26 U.S.C. §7701(a)(16).
Even if they want to, they are not authorized by law to do so and comity may not operate to expand federal powers in this area to prejudice the
natural rights of state citizens. Only fear and terrorism on the part
of the federal government and unconstitutional refusal of federal and state
courts to punish such abuses explain why private companies comply at all
with the unlawful demands of the IRS to help them "enforce" the internal
revenue code against persons for whom it was never intended. See section 5.4.13
of the Great IRS Hoax
book.
- If revenues collected under
Subtitle A of the Internal Revenue Code are
mandatory, then the Constitution conflicts with itself, because such
revenue collection amounts to
slavery in violation of the
Thirteenth Amendment to the
U.S. Constitution. This absurd consequence proves that such
collections are not
authorized and therefore can only be treated as voluntary, which means
that they are donations and not taxes. See section 5.4.1 of the Great
IRS Hoax book.
- The constitutional definition of "income" by the Supreme Court
excludes the earnings of natural persons from labor in the context of
taxes they have to personally pay. Federal corporations who derive
"profit" from labor of their employees should include it as "income", but
not the people who performed the labor. The reason is
because to tax the labor of a man would amount to slavery in violation of
the Thirteenth
Amendment. See section
5.6.4 of the Great
IRS Hoax book. Also, since the federal government only has
jurisdiction over "commerce" between the states and with foreign nations,
and because the labor of a human being cannot be classified as "commerce"
under 15 U.S.C. 17,
then the federal government has no jurisdiction to tax the worker's labor or
earnings directly from labor. They can tax corporations that farm out
labor, but they can't tax the worker directly.
"Every
man has a natural right to the fruits of his own labor, is generally admitted;
and no other person can rightfully deprive him of those fruits, and
appropriate them against his will..."
[The Antelope,
23 U.S.
66; 10 Wheat 66; 6 L.Ed. 268 (1825)]
________________________________________________________________________
United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT
OF TRADE
Sec. 17. Antitrust laws not applicable to labor organizations
The labor of a human being is
not a commodity or article of commerce….
- The term "abusive" isn't even defined in the
I.R.C., but the federal courts have defined it to mean "illegal". U.S. v. Raymond, E.D.Wis.1999, 78 F.Supp.2d 856, affirmed 228 F.3d 804, certiorari denied 121 S.Ct. 2242, 533 U.S. 902, 150 L.Ed.2d 230. We are not involved in tax evasion "schemes", because our Disclaimer says our materials may not be used for any unlawful purpose and are intended for "nontaxpayers" who are not
subject to any part of subtitle A of the Internal Revenue
Code.
Tax evasion involves evading a known legal duty, which means not paying
taxes that you had a provable liability to pay. Those
"liable" under a positive law statute enforced using implementing
regulations published in the Federal Register are not the people we
want reading this website. Nor can we be held responsible for those
who misuse the materials offered here for purposes they were not intended.
- We do not "promote" (sell) anything, including "abusive tax shelters" under 26
U.S.C. §6700 or
6701.
Only people who are "liable",
who are "taxpayers", who have "taxable income", and
who are within the territorial jurisdiction of the
federal United States (called the "federal
zone") can even need or use tax shelters and we don't want these
types of people using our materials or our website, because they ought to
pay what positive law (not "code", but "positive law") says they owe. The definition of "person"
that applies in the case of 26
U.S.C. §6700 is defined in
26
U.S.C. §6671(b) as an an "officer or employee of a corporation,
or a member or employee of a partnership" who has a legal duty (liability) to withhold or deduct taxes for which the entity he is
responsible for is liable. We are not such a "person" or
organization so these laws don't even apply to us, even if we were within
the territorial jurisdiction of the federal government, which we are
not. The rules for statutory interpretation also emphasize that even
though the word "includes"
is used in this definition, it is a word of limitation,
not enlargement. Here is the rule from Black's Law Dictionary, Sixth
Edition, p. 581:
"“Expressio unius
est exclusio alterius. A
maxim of statutory interpretation meaning that the
expression of one thing is the exclusion of another.
Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles,
170 Okl. 487, 40 P.2d 1097, 1100. Mention
of one thing implies exclusion of another.
When certain persons or things are specified
in a law, contract, or will, an intention to exclude all others from its
operation may be inferred.
Under
this maxim, if statute specifies one exception to a general rule or assumes to
specify the effects of a certain provision, other exceptions or effects are
excluded.” [Black’s Law Dictionary, Sixth Edition, page 581]
See cites on
"includes"
and also read
The Meaning of the Words "includes"
and "including" for further details on why interpreting the word
"includes" as other than a word of limitation results in absurd
consequences that are completely incompatible with the rulings of the
Supreme Court and with the notion that we are "a society of laws and
not of men" (see Marbury v. Madison,
5 U.S. 137
(1803)).
- Our goals are nearly the same as the IRS' mission statement, which says:
"Provide America's [non]taxpayers
top quality service by helping them understand and meet their tax
responsibilities and by applying the tax law with integrity and fairness to
all." [Internal
Revenue Manual, section 1.1.1.1]
Our goals are
complementary to the IRS because we help only
NONtaxpayers
while they help only "taxpayers". The IRS
discriminates against nontaxpayers on their website and on their phone support
line but somebody has to help them so we decided to
create a ministry of volunteers to help them with this job. For
instance, IRS has a
Publication 1 entitled "Taxpayer
Bill of Rights" but they don't have a similar publication entitled "Nontaxpayer
Bill of Rights". Our whole website could therefore be classified as
basically one big "Nontaxpayer Bill of Rights".
We want to help these poor and disadvantaged people understand their responsibilities
under the tax code and to pay no more than enacted positive federal law requires of them, because
the IRS isn't helping them at all. They are verbally abused on the phone
support line, as we found out from personal experience, and they are penalized
and litigated against wrongfully and we think this is disgraceful. This kind of
pernicious discrimination violates the
Fourteenth Amendment Equal protection
clause and ought to be declared unconstitutional because it is being done
based on "national origin", whereby Americans who are "nationals" and "nonresident aliens" are
"nontaxpayers".
Click
here for more details. We don't decide who the
"nontaxpayers" are either. We simply educate people and let
them decide what they think they are, which is more than the IRS does. We also want to assist the IRS by preventing
these "nontaxpayers" from sending in
frivolous or inaccurate or unnecessary forms or tax
returns that needlessly interfere with the proper and lawful administration of
the federal and state tax codes.
- See
Section
3 of the Tax Deposition Questions regarding Jurisdiction for further
details on the limitations of federal jurisdiction.
- Any effort to
intimidate or harass us to take down this website or stop publishing our
free speech materials instituted by abusing legal process amounts to
slavery, in violation of
18
U.S.C. §1589(c), which is punishable by MANDATORY restitution under
18
U.S.C. §1593. We will extract these penalties from the private funds of
any government employee who attempts such extortion using a Bivens Action.
As
a consequence of the above and many other reasons documented in the
Great IRS
Hoax book, neither this ministry nor any of its officers or agents are subject to federal or state jurisdiction for this
website or any of our activities and are protected by the
First
Amendment freedom of speech and freedom of assembly clauses. What
jury would ever convict a someone and do an injunction against them to shut
their
website down for exercising his
First
Amendment right of free speech and for doing what his God and his
religious beliefs tells them to do? Juries like having their
First
Amendment rights and they hate any government official who
tries to infringe on them! Some of the tax-related websites that the government has
shut down over the years were indeed selling bad ideas and flawed concepts. The
elimination of these websites actually hurts the government because the
only thing left for people to read is our stuff, and we have done our homework
and continue to improve everything on our site using your valuable feedback!
Crooks in government are actually forcing people to read our
stuff by taking away other choices and we believe this will help the tax
honesty movement in the long run by keeping people focused on the right
issues and the truth instead of
frivolous
babble. THANK YOU, IRS AND DOJ!
The
Bible says in Matt.
6:25-34 that we shouldn't worry about our future and should trust God to
provide for us and protect us. That is exactly what we are doing folks:
Obeying Him and doing exactly what He says we are supposed to
do, which we clearly and exhaustively explain throughout the Great
IRS Hoax book. No government can condemn that or make it a violation
of law and if they do, then the Bible also says we should disobey them.
"We
ought to obey God rather than men."
[Acts
5:27-29, Bible, NKJV]
All
we are doing is sharing
God's
message of Love and the Truth with people and letting them
decide what they can or should do with that Truth. That is exactly what
Jesus did, and no one can pass a law against that.
“But
if you are led by the Spirit, you are not under the law.”
[Gal.
5:18, Bible, NKJV]
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