-
- The fourth Washington, DC conference at the National
Press Club on the question of the legality of the income tax.
-
- The Conference was preceded by two full-page center-spread
ads in the Washington Times (19 - 25 JUNE and 26 JUNE - 2 JULY).
-
- Speaker after speaker provided enormously encouraging
news and information, to the largest audience yet, on their respective
aspects of citizens' confrontations with the federal government's abuse
of its taxing power. Everyone present felt that it was, indeed, a moving,
significant and memorable day.
-
- For a video-taped recording of the event go to http://www.givemeliberty.org/store/index.htm
-
- A conference highlight was the luncheon speech by America's
top money attorney, Edwin Vieira, Jr who provided the most profound comments
of the day, including his call for a "Blue Ribbon," high-profile
Citizens' Constitutional Investigatory Commission, to investigate four
issues:
-
- 1) was the 16th amendment validly ratified?
-
- 2) if not, is the Federal Income Tax a direct tax or
an indirect tax?
-
- 3) because labor creates the tax, is the income tax slavery?
-
- 4) if the tax is a direct tax -- a badge of slavery --
then why have the charges regarding the 16th amendment been ignored?
-
- The Citizens' Commission would operate without any government
assistance. It would hold public hearings and publish its findings.
-
- Edwin Vierra finished first in his class at Harvard Law
School. His specialty is constitutional law. He is an expert on the federal
monetary system and the Federal Reserve System. He is the author of PIECES
OF EIGHT: THE MONETARY POWERS AND DISABILITIES OF THE UNITED STATES CONSTITUTION
(1983). He is rumored to be the author of CRA$HMAKERS, which was published
this year.
-
- We are now preparing a memorandum in which we will address
issues related to the start-up of the Commission. We will post the memorandum
soon. For a transcript of Dr. Vieira's speech, go to http://www.givemeliberty.org/features/taxes/conference/vieira.htm
-
- Following opening remarks by Bob Schulz http://www.givemeliberty.org/features/taxes/conference/openingremarks.htm
...we heard a powerful story about the nullification of a "willful
failure to file" indictment by a jury in Illinois. We heard from both
the defendant, Gaylon "Whitey" Harrell, and the key juror, Marcella
"Marcie" Brooks, who made it clear that the "not guilty"
verdict on all four counts was due to the inability of the prosecutor or
the judge to identify the laws that required Whitey Harrell to file federal
and state income tax returns.
-
- In deliberation, the jury asked the judge for a copy
of the law Harrell was being tried for breaking, but the judge would not
supply it. When they found that certain evidence admitted into the record
during the trial by the defense was missing, they requested it of the judge
and were again denied. They acquitted Harrell on all counts.
-
- Even though the parties were in state court and the official
charge was "failure to file" state income tax returns, the case
was really about the legal requirement to file a federal income tax return
because, like most states, Illinois' law mandates the filing of a state
income tax return if the Illinois resident is required to file a federal
income tax return.
-
- Harrell's case is cited as PEOPLE OF THE STATE OF ILLINOIS
vs. GAYLON L. HARRELL, Case Number 97CF89 in the Circuit Court of the Twentieth
Judicial Circuit, St. Clair County, Illinois.
-
- We then heard from three employers, David Bosset from
Florida, Dick Simkanin from Texas and Nick Jesson from California, who
have stopped withholding income taxes from their workers and who have stopped
filing W-2s and 1099s with the IRS. All three confirmed that they based
their decisions on the so-called "861 sources" argument. See
our web site article titled, "Connecting the dots." http://www.givemeliberty.org/features/taxes/statutorypath.htm
Bosset revealed that he is hiring a staff of attorneys whose job it will
be to assist other employers before and after they make the decision to
withdraw from the federal income tax system. See his material at http://www.taxgate.com
and http://www.nite.com
-
- Also, Dave Bosset will email his material upon request.
His email address is: dbosset@bosset.com
-
- Simkanin's speech was informative, particularly as he
described the steps he went through in first trying to get the IRS and
his Congressman to answer his questions regarding the legality of the operations
of the income tax system, the steps he went through to enable his employees
to make informed decisions about whether to stay with the company (Arrow
Custom Plastics) or to leave before January 1, 2000, which was the date
he planned to stop withholding.
-
- Nick Jesson detailed the events that led up to his decision
to stop withholding. He read the letter he sent to the IRS and to the California
Franchise Board http://www.givemeliberty.org/features/taxes/conference/jessonletter.htm
...(the State tax agency), in which he notified them that he was no longer
withholding and would no longer be issuing W-2s and 1099s, and the legal
arguments in support of that decision. We learned from Jesson that another
California employer (in Costa Mesa) is about to do the same thing.
-
- An unexpected pleasure were the comments by Gordon Smith
who brought with him for distribution (at no charge), numerous copies of
"Taxable Income," a report which details and validates the 861
Sources argument. The report was authored by Larkin Rose and can be downloaded
for free from his new site http://www.taxableincome.net
-
- Bill Benson highlighted his research report dealing with
the ratification process of the income tax amendment (16th), entitled THE
LAW THAT NEVER WAS, and read a letter he received in May of this year from
Warren Richardson http://www.givemeliberty.org/features/taxes/conference/richardsonletter.htm
...the man Benson says called him in 1985 to say that he was speaking for
Senator Orin Hatch, who was offering Benson to name his price not to publish
his research and to turn over to Senator Hatch his 17,000 certified copies
of the documents relating to the ratification of the 16th amendment Benson
obtained from the archives of the 48 states and from the national archives.
-
- Benson revealed that he hasn't heard from Richardson
in 15 years, so it was a surprise to receive Richardson's letter in May
of 2000. In the letter, Richardson, an attorney, states in no uncertain
terms that he agrees with Benson that the 16th amendment did not even come
close to being legally ratified. That is, of course, why they wanted to
suppress the research. Richardson goes on to say that he believes that
an appropriate next step would be for constitutional scholars to review
and comment on the legality of the 16th amendment.
-
- In 1985, Benson published the results of his exhaustive
research on what actually happened in each state, between 1909 and 1913,
regarding the proposed income tax amendment to the U.S. constitution. Bill's
work proved that, in 1913, the lame-duck Secretary of State, Philander
Knox, committed fraud when he declared that the income tax amendment had
been properly and legally ratified.
-
- Larry Becraft and Devvy Kidd revealed that their organization,
The Wallace Institute, has been funded and is preparing to take the issue
of the fraudulent ratification of the 16th amendment to the state courts,
beginning with Oklahoma. See THE OKLAHOMA PROTEST, which was written by
Larry Becraft. http://home.hiwaay.net/becraft/Oklahoma.htm
-
- Joseph Banister explained why, as a special agent of
the Criminal Investigation Division of the IRS, he undertook, at his own
expense, and on his own time, a two year research effort to prove that
those people who were claiming that the 16th amendment had not been legally
ratified and that there is no law that requires one to file or pay the
income tax, and that there is no law that requires employers to withhold
from their workers, were all wrong.
-
- Banister explained that he reached the conclusion, instead,
that those claims were correct. He submitted his 90 page report to his
superiors in the San Jose office of the IRS with the request that the report
be passed up through the chain of command and that he be provided with
the IRS's answer to his conclusions.
-
- Instead of getting answers, Joe was asked to resign,
which he did in February of 1999.Banister's report can be viewed for free
on his web site at http://www.freedomabovefortune.com
-
- We also heard from Pat Shannon, the investigative reporter,
who was, himself acquitted after being charged for something that should
have been protected by the 1st amendment in a "conspiracy to impede
the activities of the IRS" case. He briefly discussed his own case
and his very recent interview with Gary Phillips, the career INS officer,
who earlier this year was convicted of willful failure to file income tax
returns and fled the country before the sentencing date.
-
- If sentenced, Phillips would almost certainly have been
put in a prison where there would be illegal aliens Phillips collared while
on the job with the INS. What is even more interesting is that Phillips
was tried AFTER a grand jury refused to indict him on the charges. Phillips
relied, in part, on the content of THE LAW THAT NEVER WAS in dealing with
the grand jury. However, the judge refused to allow 19 of the 21 witnesses
Phillips requested, including Benson and including Robert Manning the IRS
agent who could not identify any law or regulation that required Phillips
to file an income tax return.
-
- The jury convicted Phillips after the judge gave explicit
instructions to convict. Shannon's interview with Phillips will be the
subject of the cover story in the next issue of Media Bypass. For more
information go to http://www.4bypass.com
-
- We also heard briefly from Tayra Antolick, a law school
student at George Washington University. She distributed copies of her
report titled "PrimaFacie Evidence of Fraud with Internal Revenue
Service Practices."
-
- We heard from three men who responded to our open invitation,
published in the Washington Times, for any constitutional scholars, presidential
candidates, congressmen, or anyone else who has studied the issue of the
legality of the income tax, to join us at the Press Club and participate
in the conference.
-
- Howard Phillips, Charles Collins and Louis Wein did join
us and gave modified campaign speeches. Phillips is the Constitution Party's
candidate for President of the United States. Charles Collins is seeking
the nomination of the Reform Party for President of the United States.
Louis Wein is Right-To-Life and Constitution Partys' candidate for U.S.
Senate. He intends to primary Rick Lazio for the Republican nomination
as well.
-
- Finally, the audience was made aware of the importance
of our participation in an IRS hearing http://www.givemeliberty.org/features/taxes/conference/irshearing.htm
scheduled for July 18, 2000. The hearing is on "proposed regulations
describing the appropriate basis for determining the source of income from
labor or personal services performed partly within and partly without the
United States."
-
- The Department of the Treasury published a notice of
the hearing in the June 23rd issue of the Federal Register. The notice
states. "The IRS must receive outlines of the topics to be discussed
at the hearing by Tuesday, July 5, 2000" Obviously, this is an error.
The IRS probably meant Wednesday, July 5th.
-
-
- MainPage
http://www.rense.com
-
-
-
- This
Site Served by TheHostPros
|