DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - New Hampshire Man Ready for Armed Clash with Government

**jinnamys** · 01-21-2007, 12:55 AM

Say what you want about this man, but he is doing exactly what more Americans should do, but which 99% of are too afraid to. He is standing up to an oppressive government. Yes, I am talking about the U.S. Government.

The debate over whether or not the income tax is legal has been waging since it was reinstituted in 1913 under the guise of the 16th Amendment. There has also been skepticism as to whether the 16th Amendment was even ratified.

I honestly don’t know if the income tax is Constitutional or not, but I do know one thing. The income tax has been the most oppressive tool used by the U.S. Government to keep its citizens in line. It has allowed the government to take everything from you at the point of a gun and destroy your life completely. So, legal or not, it should be done away with. The government should not be allowed to have that much power over our lives. There are many advocate groups out there that have been lobbying for its elimination, but the bottom line is it isn’t going away until you start seeing more instances like this guy having armed, bloodshedding confrontations with the government and the American people start opening their eyes.

That isn’t freedom, folks. The American people aren’t supposed to fear their government; it is they who should be fearing us. They don’t. The Founders of this nation came here to get away from exactly this kind of tyranny and I assure you they are rolling in their graves over what America has turned into. Don’t be fooled by what you were taught in school. While we may have more freedoms than any other nation, the USA is NOT a free country.

If you want to know the truth about frivolous tax arguments, click on the link provided. the problem is that the IRS sent him at least 3 letters asking him to file, sent him a collection due process notice on the substitute return, and another five collection letters before any actions took place. But he was using a failed argument that has been rejected by the court numerous times. He brought this disaster of his own doing and no one elses. I have no pity for him nor his wife.

As for the argument about the 16th Amendment never being properly ratified, "Some assert that the collection of federal income taxes constitutes a
“taking” of property without due process of law, in violation of the Fifth
Amendment. Thus, any attempt by the Internal Revenue Service to collect
federal income taxes owed by a taxpayer is unconstitutional.
The Law: The Fifth Amendment to the United States Constitution provides
that a person shall not be “deprived of life, liberty, or property, without due
process of law . . . .” The U.S. Supreme Court stated in Brushaber v.
Union Pacific R.R., 240 U.S. 1, 24 (1916), that “it is . . . well settled that
[the Fifth Amendment] is not a limitation upon the taxing power conferred
upon Congress by the Constitution; in other words, that the Constitution
does not conflict with itself by conferring upon the one hand a taxing
power, and taking the same power away on the other by limitations of the
due process clause.” Further, the Supreme Court has upheld the
constitutionality of the summary administrative procedures contained in
the Internal Revenue Code against due process challenges, on the basis
that a post-collection remedy (e.g., a tax refund suit) exists and is
sufficient to satisfy the requirements of constitutional due process. Phillips
v. Commissioner, 283 U.S. 589, 595-97 (1931).
The Internal Revenue Code provides methods to ensure due process to
taxpayers: (1) the “refund method,” set forth in section 7422(e) and 28
U.S.C. '' 1341 and 1346(a), where a taxpayer must pay the full amount of
the tax and then sue in a federal district court or in the United States Court
of Federal Claims for a refund; and (2) the “deficiency method,” set forth in
section 6213(a), where a taxpayer may, without paying the contested tax,
petition the United States Tax Court to redetermine a tax deficiency
asserted by the IRS. Courts have found that both methods provide
constitutional due process.
The IRS issued Revenue Ruling 2005-19, 2005-1 C.B. 819, which
discusses this frivolous argument in more detail, warning taxpayers of the
consequences of attempting to pursue a claim on these grounds.

Flora v. United States, 362 U.S. 145, 175 (1960) – the United States
Supreme Court held that a taxpayer must pay the full tax assessment
before being able to file a refund suit in district court, noting that a person
has the right to appeal an assessment to the Tax Court 'without paying a
cent.'
Schiff v. United States, 919 F.2d 830 (2d Cir. 1990) – the court rejected a due process claim where the taxpayer chose not to avail himself of the opportunity to appeal a deficiency notice to the Tax Court."

01-21-2007, 12:55 AM	#29
jinnamys Join Date Oct 2005 Posts 397 Senior Member	Say what you want about this man, but he is doing exactly what more Americans should do, but which 99% of are too afraid to. He is standing up to an oppressive government. Yes, I am talking about the U.S. Government. The debate over whether or not the income tax is legal has been waging since it was reinstituted in 1913 under the guise of the 16th Amendment. There has also been skepticism as to whether the 16th Amendment was even ratified. I honestly don’t know if the income tax is Constitutional or not, but I do know one thing. The income tax has been the most oppressive tool used by the U.S. Government to keep its citizens in line. It has allowed the government to take everything from you at the point of a gun and destroy your life completely. So, legal or not, it should be done away with. The government should not be allowed to have that much power over our lives. There are many advocate groups out there that have been lobbying for its elimination, but the bottom line is it isn’t going away until you start seeing more instances like this guy having armed, bloodshedding confrontations with the government and the American people start opening their eyes. That isn’t freedom, folks. The American people aren’t supposed to fear their government; it is they who should be fearing us. They don’t. The Founders of this nation came here to get away from exactly this kind of tyranny and I assure you they are rolling in their graves over what America has turned into. Don’t be fooled by what you were taught in school. While we may have more freedoms than any other nation, the USA is NOT a free country. If you want to know the truth about frivolous tax arguments, click on the link provided. the problem is that the IRS sent him at least 3 letters asking him to file, sent him a collection due process notice on the substitute return, and another five collection letters before any actions took place. But he was using a failed argument that has been rejected by the court numerous times. He brought this disaster of his own doing and no one elses. I have no pity for him nor his wife. As for the argument about the 16th Amendment never being properly ratified, "Some assert that the collection of federal income taxes constitutes a “taking” of property without due process of law, in violation of the Fifth Amendment. Thus, any attempt by the Internal Revenue Service to collect federal income taxes owed by a taxpayer is unconstitutional. The Law: The Fifth Amendment to the United States Constitution provides that a person shall not be “deprived of life, liberty, or property, without due process of law . . . .” The U.S. Supreme Court stated in Brushaber v. Union Pacific R.R., 240 U.S. 1, 24 (1916), that “it is . . . well settled that [the Fifth Amendment] is not a limitation upon the taxing power conferred upon Congress by the Constitution; in other words, that the Constitution does not conflict with itself by conferring upon the one hand a taxing power, and taking the same power away on the other by limitations of the due process clause.” Further, the Supreme Court has upheld the constitutionality of the summary administrative procedures contained in the Internal Revenue Code against due process challenges, on the basis that a post-collection remedy (e.g., a tax refund suit) exists and is sufficient to satisfy the requirements of constitutional due process. Phillips v. Commissioner, 283 U.S. 589, 595-97 (1931). The Internal Revenue Code provides methods to ensure due process to taxpayers: (1) the “refund method,” set forth in section 7422(e) and 28 U.S.C. '' 1341 and 1346(a), where a taxpayer must pay the full amount of the tax and then sue in a federal district court or in the United States Court of Federal Claims for a refund; and (2) the “deficiency method,” set forth in section 6213(a), where a taxpayer may, without paying the contested tax, petition the United States Tax Court to redetermine a tax deficiency asserted by the IRS. Courts have found that both methods provide constitutional due process. The IRS issued Revenue Ruling 2005-19, 2005-1 C.B. 819, which discusses this frivolous argument in more detail, warning taxpayers of the consequences of attempting to pursue a claim on these grounds. Flora v. United States, 362 U.S. 145, 175 (1960) – the United States Supreme Court held that a taxpayer must pay the full tax assessment before being able to file a refund suit in district court, noting that a person has the right to appeal an assessment to the Tax Court 'without paying a cent.' Schiff v. United States, 919 F.2d 830 (2d Cir. 1990) – the court rejected a due process claim where the taxpayer chose not to avail himself of the opportunity to appeal a deficiency notice to the Tax Court."
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