PRODUCE THE LAW THAT IMPOSES A TAX
ON ME, MY PROPERTY, OR MY ACTIVITIES,
OR LEAVE ME ALONE!
I know that Congress cannot impose a tax on me, or my property, or my
activities, by any name or description whatsoever, without violating
the Constitution. I challenge the government to prove me wrong.
The only way to prove me wrong is by producing the "taxing Statute."
The taxing Statute will be found in the United States Statutes at
Large. The way to find it is through the Code of Laws of the United
States, known as the United States Code.
Three cases tell me that even when pressed, the IRS cannot produce
the taxing statute, and that without it, the government has no case.
The cases are, Cheek v. United States, 498 U.S. 192 (1991)
USA v. Lloyd Long, ED Tennessee, #CR-1-93-91 October 12, 1993
USA v. Kuglin, WD Tennessee, #03-CR-20111, August, 2003
The cases can all be located on the World Wide Web. They were
all "criminal" cases, involving "willful" violations, wherein the
government lost because it could not prove the element of
willfulness. All the defendants, through conscientious study, had
come to believe that the tax laws do not, or at least may not, apply
to them, and challenged the IRS to prove them wrong. Essentially the
IRS failed to produce the law that imposed the tax burden on the
defendants, despite requests, or provide documents that would dispel
any "illusion" they might have had that said law was being misread,
or admit that there really is no such thing. Instead, defendants had
all gotten the run-around, which is all anyone can get from any party
in government. The Supreme Court affirmed Mr. Cheek's defense of
lack of willfulness. The juries in the other two cases held that
without the taxing statute being presented on request, the government
could not prove defendants willfully violated it. It is impossible
to violate a law we cannot see for ourselves, and read it. If the
reason that we cannot read it is because we cannot find it in the
published Statutes, chances are enormous that it does not exist. If
the government cannot produce it, how can anyone assert that it
exists or challenge its provisions?
The taxing statute cannot be found, because Congress repealed all the
internal revenue laws in 1939 (53 Stat 1, Sec. 4). Then, in 1954,
Congress "revised the internal revenue laws" (68A Stat 1). There
were no "internal revenue laws" enacted between those years, so the
Code of 1954 "revised" nothing, and cannot be held to be part of a
Code of Laws of the United States, "general and permanent in nature,
in force". See 1 USC 207. The U. S. Code is properly "the Code
Laws of the United States", which means that the Code represents laws
published in the United States Statutes at Large. "The Code" is
considered to be one Volume, divided by Commissioners into 50
Titles. The laws that are "codified" in the Code are those that are
general and permanent in nature, and in force on the date of
publication. The Code of 1939 is a Code containing only provisions
of laws repealed by the Act. Hence, it was never a Code of Laws in
force, and therefore never been a part of the "Code of Laws of the
United States, general and permanent in nature, and in force."
The Code of 1954 was "an Act to revise the internal revenue laws of
the United States." Ordinarily, Congress might amend or repeal,
previous Acts, but to "revise" laws is a new twist on lawmaking. If
the law amended prior laws, it would be considered a normal act.
To "revise" them creates uncertainty as to what was actually done.
What did Congress "revise"? The laws in force, that would be
revised, would have had to have been enacted between 1939 and 1954,
or the Code of '54 "revised" nothing.
Since 1954, Congress has not enacted any new taxing statutes. It
has, however, on numerous occasions, "revised the Code". Amending
the Code without amending the underlying Statutes leaves the law
unchanged. So one very good reason for Americans to demand to see
the law, is to prove to ourselves whether it was an amendment to the
Code or an amendment to a Statute. The Statutes at Large shows that
no "internal revenue laws" were enacted between 1939 and 1954, so it
looks to me like the whole Code of 1954 is hot air. The dreaded
Internal Revenue Code is not a code of laws, and so it
cannot "presumptively" have the force of law.
I demand that the government either produce the taxing statute, or
admit that there is none, and get the IRS off my back. I do not want
a brief or lengthy explanation of "the tax laws". I want to read
the "laws in force" for myself, if there are any. Send the law, or
get the IRS out of my back yard.
Thank you for your prompt attention to this matter. I consider ten
days from receipt hereof sufficient time to respond with the Statute
or an admission that none exists. Either it does or it does not.