The general rule is that federal government powers must be expressed and enumerated. For example, the U.S. Constitution is a grant of enumerated powers. If a power is not enumerated in the U.S. Constitution, then Congress does not have any authority to exercise that power. This rule is tersely expressed in the Ninth Amendment, in the Bill of Rights.
If California is not mentioned in any of the federal income tax statutes, then those statutes have no force or effect within that State. This is also true of all 50 States.
Strictly speaking, the omission or exclusion of anyone or any thing from a federal statute can be used to infer that the omission or exclusion was intentional by Congress. In Latin, this is tersely stated as follows: Inclusio unius est exclusio alterius. In English, this phrase is literally translated: Inclusion of one thing is the exclusion of all other things [that are not mentioned]. This phrase can be found in any edition of Black’s Law Dictionary; it is a maxim of statutory construction.
The many different definitions of the term “State” that are found in federal laws are intentionally written to appear as if they include the 50 States PLUS the other places mentioned. As the legal experts in Congress have now confirmed, this is NOT the correct way to interpret, or to construct, these statutes.
If a place is not mentioned, every American may correctly infer that the omission of that place from a federal statute was an intentional act of Congress. Whenever it wants to do so, Congress knows how to define the term “United States” to mean the 50 States of the Union. See IRC section 4612(a)(4)(A).
21. In what other ways is the IRC deliberately vague, and what are the real implications for the average American?
There are numerous other ways in which the IRC is deliberately vague. The absence of any legal definition for the term “income” is a classic deception. The IRS enforces the Code as a tax on everything that “comes in,” but nothing could be further from the truth. “Income” is decidedly NOT everything that “comes in.”
More importantly, the fact that this vagueness is deliberate is sufficient grounds for concluding that the entire Code is null, void and unconstitutional, for violating our fundamental Right to know the nature and cause of any accusation, as guaranteed by the Sixth Amendment in the Bill of Rights.
Whether the vagueness is deliberate or not, any statute is unconstitutionally void if it is vague. If a statute is void for vagueness, the situation is the same as if it had never been enacted at all, and for this reason it can be ignored entirely.
22. Has Title 26 of the United States Code (“U.S.C.”) ever been enacted into positive law, and what are the legal implications if Title 26 has not been enacted into positive law?
Answer: No. Another, less obvious case of deliberate deception is the statute at IRC section 7851(a)(6)(A), where it states that the provisions of subtitle F shall take effect on the day after the date of enactment of “this title”. Because the term “this title” is not defined anywhere in the IRC, least of all in the section dedicated to definitions, one is forced to look elsewhere for its meaning, or to derive its meaning from context.
Throughout Title 28 of the United States Code -- the laws which govern all the federal courts -- the term “this title” clearly refers to Title 28. This fact would tend to support a conclusion that “this title”, as that term is used in the IRC, refers to Title 26 of the United States Code. However, Title 26 has never been enacted into positive law, as such.
Even though all federal judges may know the secret meaning of “this title”, they are men and women of UNcommon intelligence. The U.S. Supreme Court’s test for vagueness is violated whenever men and women of common intelligence must necessarily guess at the meaning and differ as to the application of a vague statute. See Connally et al. v. General Construction Co., 269 U.S. 385, 391 (1926). Thus, federal judges are applying the wrong test for vagueness.
Accordingly, the provisions of subtitle F have never taken effect. (“F” is for enForcement!) This subtitle contains all of the enforcement statutes of the IRC, e.g. filing requirements, penalties for failure to file and tax evasion, grants of court jurisdiction over liens, levies and seizures, summons enforcement and so on.
In other words, the IRC is a big pile of Code without any teeth; as such, it can impose no legal obligations upon anyone, not even people with dentures!
23. What federal courts are authorized to prosecute income tax crimes?
This question must be addressed in view of the Answer to Question 22 above. Although it may appear that certain statutes in the IRC grant original jurisdiction to federal district courts, to institute prosecutions of income tax crimes, none of the statutes found in subtitle F has ever taken effect. For this reason, those statutes do not authorize the federal courts to do anything at all. As always, appearances can be very deceiving. Remember the Wizard of Oz or the mad tea party of Alice in Wonderland?
On the other hand, the federal criminal Code at Title 18, U.S.C., does grant general authority to the District Courts of the United States (“DCUS”) to prosecute violations of the statutes found in that Code. See 18 U.S.C. 3231.
It is very important to appreciate the fact that these courts are not the same as the United States District Courts (“USDC”). The DCUS are constitutional courts that originate in Article III of the U.S. Constitution. The USDC are territorial tribunals, or legislative courts, that originate in Article IV, Section 3, Clause 2 of the U.S. Constitution, also known as the Territory Clause.
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