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IRS 5 | ||||||||||
16. Why does IRS Form 1040 not require a Notary Public to notarize a taxpayer’s signature? Answer: This question is one of the fastest ways to unravel the fraudulent nature of federal income taxes. At 28 U.S.C. section 1746, Congress authorized written verifications to be executed under penalty of perjury without the need for a Notary Public, i.e. to witness one’s signature. This statute identifies two different formats for such written verifications: (1) those executed outside the “United States” and (2) those executed inside the “United States”. These two formats correspond to sections 1746(1) and 1746(2), respectively. What is extremely revealing in this statute is the format for verifications executed “outside the United States”. In this latter format, the statute adds the qualifying phrase “under the laws of the United States of America”. Clearly, the terms “United States” and “United States of America” are both used in this same statute. They are not one and the same. The former refers to the federal government -- in the U.S. Constitution and throughout most federal statutes. The latter refers to the 50 States that are united by, and under, the U.S. Constitution. 28 U.S.C. 1746 is the only federal statute in all of Title 28 of the United States Code that utilizes the term “United States of America”, as such. It is painfully if not immediately obvious, then, that verifications made under penalty of perjury are outside the 50 States of the Union (read “the State zone”) if and when they are executed inside the “United States” (read “the federal zone”). Likewise, verifications made under penalty of perjury are inside the 50 States of the Union, if and when they are executed outside the “United States”. The format for signatures on Form 1040 is the one for verifications made inside the United States (federal zone) and outside the United States of America (State zone). 17.Does the term “United States” have multiple legal meanings and, if so, what are they? Answer: Yes. The term has several meanings. The term "United States" may be used in any one of several senses. [1] It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. [2] It may designate the territory over which the sovereignty of the United States extends, or [3] it may be the collective name of the States which are united by and under the Constitution. See Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945) [bold emphasis, brackets and numbers added for clarity]. This is the very same definition that is found in Black’s Law Dictionary, Sixth Edition. The second of these three meanings refers to the federal zone and to Congress only when it is legislating in its municipal capacity. For example, Congress is legislating in its municipal capacity whenever it creates a federal corporation, like the United States Postal Service. It is terribly revealing of the manifold frauds discussed in these Answers, that the definition of “United States” has now been removed from the Seventh Edition of Black’s Law Dictionary. 18. Is the term “income” defined in the IRC and, if not, where is it defined? Answer: The Eighth Circuit Court of Appeals has already ruled that the term “income” is not defined anywhere in the IRC: “The general term ‘income’ is not defined in the Internal Revenue Code.” U.S. v. Ballard, 535 F.2d 400, 404 (8th Circuit, 1976). Moreover, in Mark Eisner v. Myrtle H. Macomber, 252 U.S. 189 (1920), the high Court told Congress it could not legislate any definition of “income” because that term was believed to be in the U.S. Constitution. The Eisner case was predicated on the ratification of the 16th amendment, which would have introduced the term “income” into the U.S. Constitution for the very first time (but only if that amendment had been properly ratified). In Merchant's Loan & Trust Co. v. Smietanka, 255 U.S. 509 (1921), the high Court defined “income” to mean the profit or gain derived from corporate activities. In that instance, the tax is a lawful excise tax imposed upon the corporate privilege of limited liability, i.e. the liabilities of a corporation do not reach its officers, employees, directors or stockholders. 19. What is municipal law, and are the IRC’s income tax provisions municipal law, or not? Answer: Yes. The IRC’s income tax provisions are municipal law. Municipal law is law that is enacted to govern the internal affairs of a sovereign State; in legal circles, it is also known as Private International Law. Under American Law, it has a much wider meaning than the ordinances enacted by the governing body of a municipality, i.e. city council or county board of supervisors. In fact, American legal encyclopedias define “municipal” to mean “internal”, and for this reason alone, the Internal Revenue Code is really a Municipal Revenue Code. A mountain of additional evidence has now been assembled and published in the book “The Federal Zone” to prove that the IRC’s income tax provisions are municipal law. One of the most famous pieces of evidence is a letter from a Connecticut Congresswoman, summarizing the advice of legal experts employed by the Congressional Research Service and the Legislative Counsel. Their advice confirmed that the meaning of “State” at IRC section 3121(e) is restricted to the named territories and possessions of D.C., Guam, Virgin Islands, American Samoa, and Puerto Rico. In other words, the term “State” in that statute, and in all similar federal statutes, includes ONLY the places expressly named, and no more. Cont ... |
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