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HOW THE IRS VIOLATES ITS OWN CODE
By Devvy Kidd
November 6, 2003
The response to my recent article, IRS Makes Chilling Proclamation, was overwhelming and really got folks angry. Good. It's about time something nudged the people of this nation out of their self induced comas to face a harsh reality: Our servant government (both Republicans and Democrats) have lied to you for the past eight decades regarding the income tax. The IRS cannot handle the situation any longer, so they are resorting to unlawful enforcement actions and using the "mainstream media" to instill even greater fear in the American people.
The big lie
The big lie is that the income tax applies to domestic Americans, when it fact, it does not. The powers that be know the American people simply don't want to believe that their favorite politician, whether it be FDR, Joe Libermann, Dana Rohrabacher, Jimmy Carter, Jesse Helms, Diane Feinstein or George Bush, Jr., have been lying to them. People would rather willfully believe the big lie than face reality. The path of least resistance and that's how slaves are made.
However, the IRS knows that more and more Americans are finding out that the income tax does not apply to domestic Americans. This is a provable fact and it is the single and only reason the IRS and DOJ reneged on the Truth-in-Taxation Hearings that were scheduled for February 27 & 28, 2002. On those days, the people were to sit in the seats normally occupied by members of Congress in an official hearing room just like you see on C-SPAN, with the IRS and DOJ sitting at tables as witnesses.
Those hearings were brokered by Congressman Roscoe Bartlett. In the end, IRS and DOJ thumbed their noses at We the People and refused to send their witnesses. You see, they couldn't. They could not take the chance that so many people would find out the truth about jurisdiction and who the income tax applies to under the law as written. This writer currently has three FOIA lawsuits in Federal District Court against Ashcroft, the IRS and Treasury in an attempt to obtain the documents revealing why DOJ and IRS reneged on the deal made for those hearings.
Because the truth has become self-evident regarding the fraudulent nature of the income tax, its deliberate misapplication against an unsuspecting, but dutiful people, the new Commissar of the IRS, Mark Everson, has begun issuing nothing less than Nazi styled proclamations that if anyone dares to expose this truth or not "pay their fair share," our servant government will step up its tyrannical attack on what used to be a free people.
If you don't own the fruits of your own labor, you are NOT free, you are a slave. Right now, petty despots in third world dumping grounds, the Pakistani government and the Russian Mafia own the fruits of your labor via your money paid to the IRS and funneled to the IMF (International Monetary Fund) via the central bank. That's a fact.
It's the money, honey
The grind by millions of us who fully understand the monetary system in this country and its direct relationship to this insidious, progressive, direct taxation, know that none of it is necessary or essential to fund a limited form of Republican government. Neither is a flat tax, a "fair" tax or a consumption tax.
This culture of the IRS and taxation needs to be re-examined by those who don't know history and certainly don't understand the central bank and why it's so dangerous to our liberties. Get the truth before you fall into the well designed trap of accepting these other phony fixes (flat tax, sales tax, VAT) that will only continue feeding the privately owned "Federal" Reserve. The irrefutable facts on this can be found at: http://www.devvy.com/notax.html
Common methods of stealing from the American People
Let me give you some facts that you may not be aware of, but should. The IRS gets away with their illegal activities against Americans for two reasons: (1) the big fear factor, and (2) because of the lack of facts by those being plundered by IRS employees and attorneys whose only concern is for their paycheck. They care nothing for the law and are little better than government sanctioned thieves. Do they know the truth? Of course they do, but when it comes to the law and paychecks, the law takes a back seat.
Revenue Officers send out an IRS form numbered 688-A, "Notice of Levy" to banks, brokers and employers. Problem here is, they always send out this form lacking something very important: an actual levy or court order.
On the back of this form you will find "excerpts" from Title 26, the IRC, code section 6331, the "Levy and Distraint" code section. But, a funny thing one sees is that this excerpt begins with paragraph b, with paragraph a omitted. Does that have any meaning? It certainly does if you look at the code:
The authority to levy is restricted to and contained within Section 6331(a) of the Internal Revenue Code. IRC 6331 - Levy and distraint.
(a) Authority of Secretary. If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax.
Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official). If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.
Whoops! Do you see yourself, your brother-in-law or friend who isn't an officer, employee or elected official of the United States, District of Columbia, or any agency or instrumentality of the United States of the District of Columbia, fitting in this description of a "person liable" under this sction of the Internal Revenue Code?
Didn't think so, but this major legal fact is deliberately withheld from the terrified "taxpayer" who will get down on their knees in total fear of losing the roof over their heads and sign over their life in "scheduled payments" to these thieves. It is fear which has kept this fraudulent system alive for so long.
But, we're not done yet. Let's look at code section 6332(c) under "special rule for banks:"
Special rule for banks
Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.
This section of Title 26 states that a notice of levy must be accompanied by an "attachment" of levy (court order). The IRS never includes the attachment of levy with the Notice of Levy. Why? According to John Turner, former Revenue Officer, Collection Division:
"Even though CID agents do have "Enforcement" Pocket Commissions they are not the ones that collect taxes. But even if they were in the business of collecting delinquent taxes, as are RO's [revenue officers], an "enforcement" commission would still not authorize them to "levy".
"What the nonenforcement pocket commission illustrates is that the Internal Revenue Code and the 16th Amendment (assuming for a moment that it had been properly ratified) are constitutional as written, which includes the idea that citizens cannot lose their property without constitutional due process (not the bastardized form of "due process" that the Courts have allowed with respect to collection of income tax).
"What do I mean by that? Well, it has to do with the notion that the needs of the State take precedence over the needs of your individual rights. They think that nothing, including your individual rights, should interrupt or delay the revenue to the government. So, they have specified that you may pay your taxes and sue the government, therefore, your due process is still intact.
"In other words, force cannot be used in the administrative collection (enforced collection actions) used by RO's. They DON'T collect with court orders (due process) and the notices of levy are all made possible only by the assistance of third parties (banks, employers, ignorance of citizens, etc.)
"As an aside, that is why the law isn't written with specific enough language to demonstrate clearly that income tax is required. If the law actually applied to most Americans they would word it in such a way. It is NOT worded in such a way as to be clearly mandatory and that keeps it from crossing the line and becoming out of harmony with the Constitution.
"The nonenforcement pocket commission, which is issued to people who supposedly perform "enforcement" activities (levy, etc.), illustrates and confirms also that IRS agents don't have authority to use force to take people's property - that would break the law.
"Revenue Officers have no bona fide legal or IRC authority to engage in enforcement activity; this common method of stealing by the IRS is a common as the sun rising. Further clarification of how this fraud is jammed down the throats of unsuspecting Americans is the fact that Revenue Officers only have statutory administrative authority and carry a "pocket commission" with ID numbers that begin with the letter "A" for administrative."
Tip of the Iceberg
The deception laid out above is only the tip of the iceberg. At this time, this writer is looking into the "big kahoona" of fraud knowingly committed by the IRS: mail fraud.
It has been brought to my attention by a former FBI veteran who left that organization for a number of reasons, one being he couldn't stomach what was going on, is that the IRS is also engaging in mail fraud, see 18 U.S.C. Section 1341 - Fraud and Swindles.
This is directly tied to the code violations above and possibly represent RICO violations against IRS employees/officers and agents who participate in such fraud. If this proves to be the case, it's time to move forward legally against those IRS employees engaging in this illegal activity. No one is above the law.
Get off the plantation
It is honorable to want to "pay your fair share" to ensure there is adequate funds to fund our military and the other limited areas of expenditures authorized Congress under Article 1, Section 8 of the U.S. Constitution. Paying a tax you lawfully owe is the right thing to do, the key word here being lawfully.
There are no other organizations in this country today that are lawfully and non-violently taking the strongest action to stop these criminal activities by the IRS, via stopping the withholding and exposing the nature of the voluntary income tax, than We the People Foundation and We the People Congress, Inc. These organizations are not "think tanks." They are education and action oriented.
Critical mass is needed and that means you getting involved.
Get off the plantation. Put your fear on the back burner and join us. An important lawsuit is about to be filed by We the People Foundation and you can read the details at: givemeliberty.org. Do it and do it today.
We cannot be the land of the free and the home of the brave if our citizenry will not stand up to tyranny.
Now, which is it going to be? Will you live in fear or will you stand with us?
� 2003 Devvy Kidd - All Rights Reserved
Devvy Kidd is the Executive Director of We the People Congress, Inc., based in Annapolis, Maryland; WTPC is an affiliate of We the People Foundation. Devvy is a contributing writer for www.NewsWithViews.com Devvy's web site is: www.devvy.com E-Mail: [email protected]
"The big lie is that the income tax applies to domestic Americans, when it fact, it does not. The powers that be know the American people simply don't want to believe that their favorite politician, whether it be FDR, Joe Libermann, Dana Rohrabacher, Jimmy Carter, Jesse Helms, Diane Feinstein or George Bush, Jr., have been lying to them."