Attorneys Larry Becraft and John Green lead discussion on income tax and statutes, Free Enterprise Society meeting in Austin, Texas, Dec. 16, 2012.
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Telegraph radio or cable of dispatches messages and conversations originating
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within the United States messages transmitted from a point within the United States to a point
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without the United States are subject to the provisions of the ACT unless sent
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with charges reversed or collect messages transmitted from a
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point without the United States to a point within the United States are not subject to the tax unless sent with
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charges reversed or now you can go through all of these
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regulations that relate to this particular tax in an effort to find a clear and express provision that tells
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you where it applies and my suggestion to you is is that that's what you see in
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yellow is all that there is now from reading what appears in yellow can you
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reach the conclusion about how the tax applied who applied to was it even internal
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didn't it require crossing the borders front abely did everybody reaches that
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that conclusion okay so regulations can be real
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important now let's let's go back to the um can I get do an introduction here for
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a second or not well yeah I think everybody's here what's that did you say Okay uh
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this was Larry's suggestion to do this kind of researcher meeting we have two attorneys here John Green and Larry
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becraft but for the rest of you I gave you a form and my my idea is that we should Network better around the
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country and there's people researching and some of you in here might be the some of the best researchers in the country but Mo nobody knows you so our
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hope is to gather your names and you don't this form is voluntary we're not the government here if you consider
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yourself a researcher paralal or or you're a liberty-minded attorney you want to build a network of some sort so
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so when you're researching something or having a problem you can go out to others and talk to them maybe video conference with them or get documents
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from them if you think that's a good idea you may want to fill this form out I want talk to John and Larry they like
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the idea so um that's kind of it so I
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ran out of name tags for those don't have any so uh but they're going to I'm going to just turn turn the meeting over
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to Larry this is a $2 donations roll informal today if you if you can do it bring it by sometime today uh we just
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want to pay for the room and uh I hope you get something out of it Steve's got
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a available back there CD and I want to explain what's on
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it you know here this is kind of an introduction to what's on the the CD but
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what you will find here is that all of the virtually all of the ma major tax
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acts are on this disc along with with the relevant regulations so for example you know the
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first one that's here is the Revenue Act of 1918 and of course you can with the
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statutes at large this was compiled you know I personally did all this I had
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somebody scan and convert to text you know this stuff right here and I went line by line by line through all these
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acts to make sure that they're correct and so here you have the text
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conversion of the Revenue Act in 1918 and it's all word searchable let's see how
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you well let's let's not do it for right
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now and it's real important in my view for people to be conversing with the
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pattern that you run across when you start looking at the the tax laws this
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Revenue Act of 1918 let's see maybe it pass it should be in section
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210 ah now we're getting out of the
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tax in lie of the tax imposed with subdivision a of section one of the Revenue Act 1916 and by section one of
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the Revenue Act of 1917 there shall be levied collected and paid in Li
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of okay so what what's happening here they're saying that they impos you know
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if you go back to Revenue Act of 1916 and section one of the Revenue Act 1917
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the Revenue Act of 1916 imposed the tax revenue Act of 1917 Section 1 amended it
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and so you had as a result by by 1918 you had in effect those two acts which
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impos the tax now they're com in along and saying oh well you know that that
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tax is still in effect but in lie of that tax where we're establishing this
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new one with these new rates can you see that in Li of
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now let's go down to
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21 210 we go
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there inl of in layman's terms means inl of instead of instead
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of
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John rad normal tax section 210 that that in
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lie of the tax imposed by section 210 of the Revenue Act of 1918 there shall be
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levied collected and paid for each tax per year upon the net income of every
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individual a normal tax of 8% per percentum of the amount of the net
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income in excess of the credits provided section 2116 right so at this even here in
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1921 whatever was whatever tax was imposed in
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1916 Revenue Act of 1918 comes along says well in lie of that tax is still
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upon the same thing right with the exception you know now they're monkeying
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with the rates would you agree and so here we are in
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1921 oh the 21 tax was in L of the 1918 tax which was in L of the 1916 1917 tax
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can you see
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that
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24 so on the disc the the a switch to the statutes at large no the all the
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acts are in the statutes at Large I yeah
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it and this is pulled from the statutes large and we're we're we're not here
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dealing with title 26 at least not
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yet now John you want to read it again if you make it bigger
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yeah normal tax section 210 a in Lee of the tax imposed by
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section 210 of the Revenue Act of 1921 there shall be Lev collected paid for each taxable year upon the net income of
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every individual except as provided in subdivision B of this section a normal
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tax of six percentum of the amount of the net income in excess of the credits provided in two6 section 216 good enough
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enough now can you see it's in Li of so here you if you were let's say it's 1925
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you're going to sit down and look at the federal income tax you're going to turn to this 19 24
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act and say it's in L well then you in L of the 21 so you turn back to the 21 and you'd read
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section 2 the 21 you oh that's in L the one in 18 1918 so you turn back to the one in 1918 oh that's in L the 1916
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1917 that's what you would do would you
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not replacing the previous one yeah I I'll explain to you later
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while this was
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done section 210 joh normal tax section 210a in lie of the tax imposed by
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section 2 10 of the Revenue Act of 1924 they shall be levied collected and paid
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for each taxable year upon the net income of every individual except as provided subvision B of the section A
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Amal tax of 5% percentum of the amount of excess of
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the credits provided in6 okay so we're seeing that they're monkeying with the
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percentage right yep and it here in the tax and post section they're plain to tell you it's
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in Li of right and so you see a direct connection all the way
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back now the format changes in 1928 this is the structure that
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ultimately goes into the 1939
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code section 11 is now the place where you find tax
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imposed
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John section 11 normal tax on individuals there shall be levied
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collected and paid for each taxable year upon the net income of every individual
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a normal tax equal to the sum of the following does it have a l out there no
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so now somebody coming along in 1928 they open up the tax code boom there shall be
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Levy now if you limited your oh I'm going to form my opinion about this tax
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just based on Section 11 you're going to miss something will you not and doesn't They isn't taxable
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year a new term as well well uh we can go back up to the
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definitions but hey you know you can you can see these terms a lot of these terms that you see in the current code they go
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back start off in 1918 yeah but half the people don't pay income tax so they
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don't have taxable years yeah now let's go down to most people would sit there
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and say oh you know all I need to know is take a look at tax
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imposed what Congress did is they carved out in Li
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of stuck at someplace else
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boom there it is they carved it out of tax
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imposed stuck it over here in section 63 now you don't you don't see you know
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unless you read along law you're unaware of the taxes imposed by this title shall
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be in Le of the corresponding taxes imposed by title two the Revenue Act 1926 B section sections 11 211 we're L
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of 210 so these now now you got something a
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little bit different you have let's go down to
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32 actually
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11 well if you're in 1933 and you had a business and whoa now
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you're hearing a gee what about this federal income tax if you make so much money you may not may be required to
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file a return or if you're a new accountant you graduated a couple years before and you're beginning to oh what
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about this tax you're going to start looking and how many people are going to sit out and look at the whole bling thing they're going to sit there and
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look at section 11 woo every individual I'm an
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individual and they're going to limit their inquiry to just this is that
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correct yes natural human tendency
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however past
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it section
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63 taxes imposed by this title shall be L of the corresponding taxes imposed with the sections of the Revenue Act
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bearing the same numbers but now it's a li up still in Li up so the 32 tax even
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though it's a little bit harder to find now the the 32 tax was in L the 28 tax
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28 was in L 26 26 was in L 24 24 was 21 21 was L Revenue Act of 1918 which was
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the L of 1916 1917 is this are they making it a little bit more
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complicated number
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34 so it's 1935
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you're an accountant you buy from the zero interal
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Revenue tax code you see the table of contents you
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open it up Bo well there there's a tax on individuals and I'm only going to look
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here why should I go anywhere else problem
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is
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there's a problem taxes above title shall be in L
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of the corresponding taxes both Revenue Act at 32 so 34 was in L of 32 32 in L of 28 28
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was L of 26 26 was L of 24 24 L of 21 21 L of 18
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L of 1916 1917 so is it all kind of
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connected
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1936 there's our section 11
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read Bob and I'm a reading glasses I'll try there shall be Levy oh you're like me
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you can't see and paid for each taxable year upon the net income of every individual normal tax of four percentum
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of the amount of the net income of in excess of the credits against net income
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provided in section 25 wow so you're going to sit there you're curious this tax is growing and
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you're hearing more about this tax better look into it and so you turn to you know you get a little booklet from
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the Bureau of internal revenue you start looking around woo look at this section
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11 well all I need to do is just read this little booklet of the Bureau of internal revenue right but then not the
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whole thing right right you wow there's a tax imposed okay I I'll take a look at
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the instruction book because they reproducing the race and and history is going to be
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ignored history was being ignored at that
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time did you you scroll past every I caught
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every person liable really quick well we we can we do that minut but listen I want to take things a step of a time
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okay here we go taxes in L
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34 agreed so why why did they was there
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some purpose in you know carving out the alua feature hey when you to 1924 you see a
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and pose you were put on notice well it was in Li of now they carve out and stick in Li of over in section
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63 all right so this is 36 let's go down to
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38 and of course that HTML file that you if you get the disc you know it's going to look a little bit different than what
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we're looking at here on the screen but here we are a night
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1938 John roller session 11 normal taxs on
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individuals there shall be levied collected and paid for each taxable year upon the net income of every individual
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a normal tax a 4% on the amount of the next income in excess of the credits
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against net income provided in section 25 well what do you think most people at
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that stage you know hear the they're hearing about this tax you know you're a vice president of some large
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manufacturing company last year you didn't pay any income tax but this year you know you're hearing that oops oh
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good grief I'm sorry
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I moved disconnected project there we
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go so you never paid a federal income tax so you you run to
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your friend that happens to be an accountant he's been an accountant for 10 years he's beginning to hear about
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this uh tax and he's might have heard some other accountants talking about
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this tax you know that didn't affect a whole lot of people except the high of society and so you look into it and you
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there aren't any schools that are going to teach you about this you know you're just going to pick up a booklet and form
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your own opinion as an accountant or as an executive of a large company right
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and you're going to who hey that that answers all my questions right there section 11 did that
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happen and uh Capone got convicted yeah oh yeah yeah that woke a lot of people up or got
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their attention rather but that wasn't for income tax
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that was for alcohol violations it involved income
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tax he was Gunn down for bought down for income tax but because he made alcohol based on
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theot yeah his activities yeah rep passed that important
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section there it is
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1938 in L up and most people would you know since they're just beginning to get
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into this they're not going to try to study it and you know it's just creeping
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up on people and most people are not going
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well it l up even if the ran across section 63 so what they're going to look at the
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current one and there's a tax imposed on every
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individual now in in December of 1938 you had a whole bunch of tax laws
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or appeared all throughout the United States statute large you had title 26 in in effect at that time in 1926 we came
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out with a the current uh you know the law that established the 50 titles of the US code
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that we presently use and you know if you went and took a look at and it's on I'll show youall
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this might be a good spot to look at that isn't this the beginning of administrative law well the
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administrative procedures act came along in
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1946 let me show you what title 26 like
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this is on all that disc back there here we go in 192 as of well it says December 7th of
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1925 you
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know Title 18 title
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26 you want to see what title 26 look like in
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1926 oops passed down down to
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Indians
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there you go ever seen title 26 in
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1926 it's way they divided it
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up you know that like chapter 18 income tax uh chapter one Commissioner of
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internal revenue special taxes chapter
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4 chapter is that 11 opium cocoa leaves is that what it says and something else
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compounds compounds and Manufacturing
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so what they were doing back then is you know of course this was a reflection you know this is if you brought everything
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up to the way it looked like on a certain date all the internal revenue laws and put them into a pattern this is
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what it would look like of course it's it had a different structure than the tax law itself most people are probably
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going to sit there and look at the title 26 you go to the law library here's the
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title 26 this is what they going to see I you know we're don't have the time to dig into this but in reference to the
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income tax which would be down there in chapter uh 11 or what is it 18 yeah
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18 um it would be the two acts you know like you if you you looking at 1937 if
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you were looking at title 26 what look like then it would have in one SE one one half of that chapter would be the
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1936 tax and the other half would be the 1934 tax but as You' see you know that's not
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the whole thing the whole thing would be all the AXS in fact in fact my disc back
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there is closer to being a real reflection of title 26 than than what you see here or what you see in the
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current code so I just I digress for a minute that's what it looked
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like but now let's get back to
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CD
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so at that point in time you've seen it what title 26 looked like at that one stage you in
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1926 you got some idea and I've explained it to you you've seen that we've got all this in there's an
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interner relationship you know there's a a connection between you know really in 19
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if you were in December 1938 if you really wanted to understand all of the income tax laws you wouldn't just focus
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in on the Revenue Act of 1938 but you know if you really did something you well it's this is built on the 36 tax
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and then you get back to the 36 tax oh it's built on the 34 and 34 is built in 32 32 is built in 28 28 is built in 26
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26 is built in 24 24 is built in 21 21 is built on 18 which is based on 16 and
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17 so if you really wanted to follow it forward forward you you you really need
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to as the Supreme Court has said perhaps in in reference to Federal stuff you you
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got to construe the tax laws in par materi which means don't look at the presid you got to construe the whole
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shooting match all at once and if you don't look at the the whole shoot match all at once and you only focus on the
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present what you know what's right here don't you think you might miss something
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it's a pretty big radical yeah okay so now let's let's deal with 39
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code February 1939 you had all these you
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had tax on white phosphorus matches imposed in let say 1934 you know State GI imposed in 1928
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you know taxs on wine you know they're all over the place and it wasn't cified
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so what Congress did and you there's various arguments about the 39 code which I think are incorrect because I've
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actually been to Washington DC been to archives pulled out the enrolled bill
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for the 39 code and it's the printed version you know what passed through Congress was they had already printed
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the sucker up it was the bound book that you see in the law library and I got a
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copy of one of those but I went there and I you know I was looking for the signatures you know bills that are filed
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with the uh Secretary of State to uh be the permanent keeper of all the
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laws you know when you go and pull out the the law that for the 39 code it's that bound book and it side you can see
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FDR signature and president Senate and you all the signatures are there on that
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printed book so the bill I'm sorry I
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keep the bill itself what's that book and a lot of people want to sit
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there and say well you know G the there's you know the 39 code uh repealed all the underlying law well yeah that's
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true but the this act also everything that was contained in this law that was
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passed by Congress it was in some prior law it was repealed and all of the then existing
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tax laws then in effect were now put into one spot one title which makes
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sense to me consolidator and that's what you have with the 39 code so now let's let's
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examine the 39
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code this may be boring but there's a
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point here we are table
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contents now section 11 of the Revenue Act of 19 38 became section 11 the 39
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code well the 38 Act was had a section 63 in L of remember
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that and everything that got pulled from some prior act result was repealed if it was
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contained in here and it was also in a prior law it
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was the prior law was repealed making this the embodiment of the law so here
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we have section 11 of the 38 act goes into section 11 of the 39
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code but what about it
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l
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oops God we're getting real close there's on Section 61 there's section
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62 lower ball there section 63 does it say Lu up
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no so section 63 from the 38 act still
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is one of those things sitting out there unrepealed in fact that publication statistics
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that's stuck there in section 63 comes from I think in 1926 or 1928 act you
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know you can get the you can get the derivation tables you pull out the 39 code it has the derivation tables it'll
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tell you that you know the table itself will say this section comes from you know this law and so if we were to look
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at that section 63 right here where it came from off the top of my head I
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remember came from some 1926 to 1928 you know other other law so section 63
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didn't make it into the 39 code and therefore section 63 of the 38 act wasn't repealed was
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it is it hidden someplace else it's still sitting there you know it's section 63 not it's not in here
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someplace else no it's not in here anywhere so section 63 still sits there
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today and of course it makes all sense in the world because you know the the 38
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Act was dependent upon all those others and if you're going to codify all the laws into one one act you know uh you
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could have stuck section 63 here and then you would let the world know but
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then that's not essential that since they didn't it just simply means that section 63 of the 1938 act still exists
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unrepealed today okay does that mean it's valid what does
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that mean it's valid yeah it's still it's just an odd feature of the law but I mean how many people
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are going to sit there and you know dig to all this stuff to see it most people are going to sit there I'm going to deal
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with the 86 code and you know and this is a real problem I talk to people in
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the tax movement John copar is a good friend of mine
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sap I I've never heard of all this stuff I just deal with the 86 code or the 54
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code how many people in the movement even look beyond the get your code says
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irn hey you can buy your code tab from me look all you need to do is just study
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the code well you know you can reach certain conclusions by the code but then again you know if you only do that if
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you ignore a history what's the old adct that goes along with that Doom to repeat it oh and I've just
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seen too many times being doomed to repeat it as is a very expensive lesson
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screw you back then screw you twice yeah yeah yeah so now let's deal with oh G should
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have done
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that okay we're at the 39
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code and here we are the have the 54 code which is also a text conversion now
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this is the way you know from uh February 1939 the 39 code was in
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effect and in August of 1954 they were wanting to come out with the 54 code a
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lot of people are going to sit there you know they're in this movement you can hear some all sorts of wild
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Tales but what is the 54 code well the 54 code imagine this here's here's a
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putting it into illustrative examples what is the 54 code imagine the 1939 code the way it
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existed way it looked in August of 1954 you know it was the 39 code as it
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was originally enacted there were a whole bunch of amendments in the intervening 15 years you know Congress
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would come along and amend section you know 114 to read thust and such or 119 to read th and such you know add word
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here and subtract a word there you know there were a bunch of amendments they're always tinkering with
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it but they uh even though they Tinker with it still the basic features you know who's subject to it Remains the
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Same but imagine the 54 code
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uh it being created from the 39 code and what they did is take the 50 the 39 code
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the way it looked in August of [Music] 1954 take some scissors to it cut up the
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sections and so you have one piece of paper has one section which you know you know some of these sections be that long
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but then come along and cut up some of those sections into subsections and now
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you got a whole bunch more little pieces of paper now reshuffle it you now you got all these pieces of paper Shuffle it
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like a deck of cards into a new format and then even makees some word
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changes but the 54 code the way had is equal in meaning to the 39 code after it
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was cut up reshuffled re words changed
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you know the government says Congress says Stills the same
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thing that's the 54 code so now you have the 54
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code you know remember you have the section 63 the 38 act even at this stage
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is still sitting out there and of course the 54 code which is
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this looks it looks entirely different in fact you
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know let's just take one example let's go back to that 39
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code pull up section [Music]
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22 even pass it
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there we are maybe increase the
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size you all right done supposed to breath the air and drink the water
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look at section 22 gross income includes gains profits
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and income derive now most people going to
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look that sentence income is the gains and profits
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which are a part of not the totality of salaries wages and compensation is that
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a more accurate reading of that if income is derived from salaries then
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not all salaries are Income right not all wages are Income am I am I
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correct you see that point any questions inally confusing huh it's
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intentionally confusing intentionally complex so the confusion is
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created I call I call it government by indirection yeah good good good
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observation John but I I got this you know let's take this is something I
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think is real important and I was talking about it yesterday you know you have these statuto definitions you like uh let's say to use
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an example uh you know animal animal in this law means a dog a cat a horse and a
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cow okay and I think y'all have agreed with me that a dog and a cat are two different things even though they're
39:27
animals subsets of animals but wouldn't you think the same thing here that you know as a matter of
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law salary is you know put put a dog there and under wages put cat there and
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salaries and wages is just are as different as a dog and a cat right they are two different things would you
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agree then that makes what's that next phrase compensation for personal
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services is a little bit different
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now let's go to now when when what's real Handy is to
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there's a committee report you know the Senate and the house each came up with committee reports
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regarding uh the 54 code and you sit there they have a section by section
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analysis and I might have it here on my computer but you know I can't find it real quick but when you read the section
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61 analysis you it would say oh well you know why we've changed the word to
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simpli change the word to simplify it still as a matter of law section 21 I
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mean section 22 is equal to section 61 of the of the code of the 54
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code but now do do you think that there are even though as a matter of law says
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Congress section 22 equals section
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61 doesn't it look different yes and if you ignored the
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history will you not look at this and Come Away with something entirely
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different in the way of an impression you know I would look at
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section 22 and say oh income compensation for services is the
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source for gains and profits right y but
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now you're going to come along and oh we've simplified it yeah you've simplified
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it to imply something else is that right
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Steve yes and guess what ladies and
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gentlemen you see wages and salaries there
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is it
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there now let's go to something
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else um years ago 20 or 30 years ago guy
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a friend of mine from from Dallas was chaning reading some of the old regulations and he ran across what
42:25
you know has now been popularized by other people this is from regs 45 which would
42:33
be for the Revenue Act of 1918 and guess what we see there gross
42:41
income excludes items of income specifically exemp by Statute and also
42:46
certain other kinds of income by Statute or fundamental law free from
42:52
tax so here when you have a you know the theme of the tax laws is
43:01
first first let's to determine what net income is and from net income you
43:07
know taxable income is derived so the all the way up to the 39
43:14
code the concept of the tax law was well
43:20
while we're only taxing taxable income to arrive at taxable income we must must first determine
43:26
net income but then again some of that net income may be exempt a statute or
43:33
fundamental law right that's R 62 which should
43:43
be okay article 71 again something's excluded gross income excludes the items
43:49
of income specifically Exempted by Statute and also certain other kinds of income by Statute or fundamental law
43:55
free from
44:01
act5 again article 61 65 would be I think off top I don't have it here think
44:08
this is for the 1924 act term gross income as used in this act does not include those items of income Exempted
44:14
by Statute or by fundamental law 69 are all these laws still active
44:21
today no these what I'm showing you here are the regulations we've been we've already been through you know the very
44:28
SAS and you know we didn't descend to that but the acts themselves would sit there and say oh and the Commission in
44:35
conjunction with the Secretary of the Treasury can promate you know regulations are the regulations still
44:40
this is this is a set of Regulation this is 69 and and you watch them you know and
44:46
they keep growing and growing and growing and but hey you know you keep seeing the same old words used all over
44:51
again can one refer to them as existing regulations these are not existing they're not this is historical
45:00
okay and they're all they're all on that desk you know let me what what benefit
45:05
would they be if they're not the reason that they're beneficial is because of that
45:11
adage that we've been talking about if you don't know history you're Ted to repeat it yeah yeah history is a great
45:18
teacher and see here you have you know here you have on this disc here are the
45:24
link you know if you pull up the h mail file the laws the folder laws well here here are all those tax
45:32
acts and but then again the the regulations are here regulations 45 for
45:37
the 1918 act regulations 45 for the 19 for
45:44
amended 1920 reg 62 you know all of these you know all
45:49
these were you know we've been through the acts and here are the regulations that would be adopted by the
45:54
commissioner and the and the Secretary of the Treasury for for each specific act you know like reg 677 I think would
46:01
apply to 1932 act I've got a disc that you published I
46:07
guess it was conjunction with We the People okay a lot that information is still yeah yeah yeah ACC yeah you
46:16
know you add stuff and you subtract stuff I can't tell you what you know for for a number of years what you're seeing
46:22
right here is the way I've distributed this reg 63 Reg 103 is for the 39 code
46:28
reg 101 is for the the 1938 act reg 94 is for the 36 act uh re 86 is for 32
46:39
28 26 24 is there any sequence or behind the
46:47
uh correlation of numbers like you're saying yeah because you know you got to go you got to go back things were
46:53
simpler then Congress had passed the law and you know like like uh hey oh maybe I can
47:00
show let's see I might have some here so the secretary decided to issue a new set of
47:07
Rags for a speci well a new act would come out and he would uh
47:13
see does each secretary to rewrite his his regulations okay wait just wait wait
47:18
wait okay here we go look okay
47:24
yeah and the s in a simpler time you like the these regs T td3 let's see this
47:32
related to o on margarine so regs 34 were for uh the o old margarine tax for
47:39
uh that was in effect in January 1920 regs 36 related to Cotton you know
47:47
and and you can see I I stuck the word in here to you know for my own purposes
47:52
you know I can see the regs 38 related to the corporate excise tax reg 39 related to the missions tax reg 40
47:59
related to the stamp tax reg 40 also dealt with the stock tax excess profits
48:05
uh dues Admissions and dues that's real important that was a tax go to the theater a cabaret and there was a tax
48:13
all and so you know here you go the you know the the commissioner comes along and when Congress right here re 43 RIS
48:19
applies to part one related to the tax on emissions imposed by title 8 of the Revenue Act of 198 18 approved February
48:27
24th of 1919 and this all this came about because of the 16th Amendment no
48:33
this this 16th Amendment only related to the to the income tax and you know
48:38
Admissions and dues doesn't have anything to do with income it was uh if you were going into a a theater are
48:46
these excises then well the courts would construe a tax
48:51
upon the admission to a theater as certainly being an excise tax
48:56
and you have look look here's tax on sodas which was regs 44 regs 46 child
49:04
child labor which was declared unconstitutional uh sales see he had a
49:09
whole bunch of sales taxes you know and I've just um
49:16
transportation that's the regulations 48 related to Transportation reg 48 excuse
49:21
me regs 49 dealt with that this one deals with art and
49:28
jewelry toilet trees RS 51 so you know you can see s does
49:36
clothes RS 54 dealt with clothes so I see that this imposes a lot
49:42
of taxes but it doesn't necessarily establish liability of those taxes that's by pay well you have to you each
49:49
each Act you know you have to we're concerned with the income tax in the past you know before before Congress
49:56
became dependent upon uh income taxes you know you had taxes imposed a wide variety of things you've seen some of
50:02
the titles and so you know you go back through and you know States and gifts to
50:09
is this toilet Tre no this is motion picture films and so you know they have tried
50:16
various taxes and hey look at what the here there's radio Transmissions which we incidentally covered a minute ago
50:23
starting out this morning let see insurance tax on
50:29
insurance you know so they they have just booze here's regs reg 60 double
50:35
booze is that what they called it they called no that's that's just my handy term okay can you see that yeah I put
50:42
regs 59 which is treasury decision 28 2983 and I that is my own word there
50:48
when I named the file so that I can have a general idea as to what I'm looking at that's right you said that earlier you
50:54
know so it you know to me alcohol is booze I think a lot of people call it
50:59
booze although this file happens to be called alcohol it maybe it may be a different
51:06
this may be the alcohol that you drink this may be denatured or something like that see what it is yeah denatured
51:12
alcohol okay people used to drink that too yep give
51:19
tax you know so you've had a wide variety of taxes and have imposed perfumes look here's perfumes you know g
51:27
s treasury decision 2063 it is 11 pages long or maybe a little less but there it
51:35
is that creates a lot of government jobs yep they pass a lot of laws and they
51:40
write a lot of regulations you know here oh oh here let me we don't have the time
51:46
to do it but you know I now that we're in this happen to be in this folder remember I started off and I was
51:53
explaining to you you know you look at the regulations and you know G that the you
51:58
here's the one spot where it seems to tell you exactly how it applies but then you've also gone we've
52:04
gone through this and and the boat example is a real good reason if we have the time to go through
52:12
and show you the infinite details of the boat RS uh but this explains in my view it's
52:19
a real good illustration of explaining why they use this in LOF trick and
52:24
they've been using it you know that some inventive genius in the treasury Department came up with it probably the 1860s
52:31
1870s but you know in 1909 uh Congress passed the tax on Farm
52:38
buil Ys you know obviously designed for your Morgan your vanderville and the
52:44
Rockefellers and people like that and of course those people initiated a lawsuit and uh went all the way to
52:52
Supreme Court Supreme Court Justice white comes out and the you know the case dealing with tax un formed yachts
52:58
and justifies it's of course it's constitutional and incidentally in that in that decision white says you know
53:05
there's a difference between things domestic and things foreign in their use and that's inherit in the Constitution
53:11
whoa that I think it's pretty profile statement it's inherent the Constitution something the difference between things
53:18
domestic and things foreign and their use and they're sitting there dealing
53:24
with the tax imposed on foreign built Yachts but I
53:30
digressed when you when you when you take a look at that boat tax you know I call it you see I call it
53:36
boats um you know Yachts were call boats back then that was full
53:43
of you know here after the Supreme Court Justified and determined to be
53:51
constitutional they got boats okay this is y or boat Yachts pleasure boats power
53:57
boats motor boats with fixed engines and sailing boats over five net tons link
54:03
not over 50 ft well you know when
54:08
you Congress after the first tax was Appel now they come along in Le of well
54:14
in Le of the tax which incidentally the Supreme Court found to be constitutional and deare declared to be an excise tax
54:22
in L of that tax we he might oppos this tax and if you're looking at the if you're
54:27
looking at the lot itself there doesn't seem to be any apparent connection to
54:34
foreign but you descend into the regulations and boom you see a real
54:40
clear description of far and so you know I use the boat example as an a real good
54:48
example of uh why they use the alua feature make something
54:55
you got a very limited constitutional tax you want to make it look bigger hey
55:01
pull a little trick in L of and then you know then then hide it
55:07
in history and of course the people people never learn from experience people never
55:14
learn from history so they going to ignore history just like we have done and they're not going to go back into
55:19
and they're not going to see they're not going to see what we were on a minute ago
55:27
let me go back to where we were we were at
55:35
here R 65 article 71 I think we covered this
55:41
one 69 term grosser income is used in this
55:47
act does not include those items of income Exempted by Statute of fundamental
55:54
law
56:04
term gross income as used in this act does not include those items of income Exempted by Statute or by fundamental
56:10
law
56:22
77 same thing doesn't it fundamental law
56:27
what is what the world is fundamental law well common law constitutional
56:37
law different there yeah
56:43
yeah neither income Exempted by Statute or fundamental law or expenses incurred in connection there withth or uh other
56:50
than interest enter into the computation net income by section 21
56:59
now you have another additional income not taxable by the federal government under the
57:05
Constitution who now it's becom a little bit more little clear it looks like to me that old expression fundamental law
57:13
translates into
57:18
this what year was that oh let's see that's going to be 86
57:25
is probably going to be Revenue Act of 1934 or the rare times they use that
57:31
term I bet you well we look we're going okay now this is 1936 so this would be
57:38
for the 36 tax I think okay now they're kind of expanding things let me blow it
57:43
up here as I'm using Federal Register Pages here
57:51
that under Section 22 exclusions from gross income certain
57:58
items again come specified in section 22b are exempt from tax and may be what
58:03
exclude from gross income these items however exempt only to the extent and
58:08
the amount specified no other items are exempt from gross income except those
58:14
items of income which are under the Constitution not taxable by the federal
58:21
government and what what what is that hey interesting question is
58:27
it now they don't tell you any placeit no that's that's that's part of arguing
58:35
about all this stuff um I can't see the what section of
58:42
the regulations this is evidently it's healthare oh it's
58:48
article 115 we were on that a minute ago on the other one you know I showed you 115 a minute ago and now looks like to
58:53
me it's kind of expanded now can you see the benefit you know you you look at you know just a minute ago I
59:00
showed you this and it looks like I've added a few more words this time you know they keep you know adding a little
59:05
bit more we we looked at one the 115 rag a minute ago and now we're on the 115 rig
59:12
for the next set of RS and it looks like to me they've added a few more clarifying words among the items
59:17
entering into the competition of corporate earnings or profits for the particular period are all income Exempted by Statute income not income
59:24
not by the federal government under the
59:34
Constitution okay 116 oh that's State
59:49
officials I want to bring this to your attention yeah this is something something
59:57
that maybe that's a little bit too
1:00:06
large well prior to this time and all the way up through
1:00:14
34 what was real clear they were taxing uh the income of non-resident aliens not
1:00:21
engaged in Trader business here in the United States to find Trader business I think personally I think
1:00:28
Trader business is something that's engaged in by again you know P popular Patriot
1:00:34
mythology says Trader business will be the performance of a government office that is not born out when you
1:00:41
study the history trade of business in my view is any trade of business engaged
1:00:46
in and carried on by by Resident alien even though it even though it's
1:00:53
defined as public office inod got the word
1:00:58
includes so you know it's kind of like there's a lot of people right now you know what is
1:01:05
it 74 23 you know oh you know the tax crimes only apply to corporate officers
1:01:12
blah blah blah because you know they're using the word person well you know that argument is addressed by you got to use
1:01:18
the you know 7701 A1 the definitions of person
1:01:25
you know that right there that word person applies to the entire code but
1:01:30
then you know we have a a bunch of people in our community coming along and ignoring that and sitting there and
1:01:36
saying 7423 23 I guess that's the number you know it says person includes a corporate
1:01:42
officer and they make an argument that oh the tax crimes only apply to a corporate officer well you know that's
1:01:48
wrong because they're ignoring you know the the definition of person in the in the code but you know one of the the
1:01:54
things that I see here you know you when they when they came along and now they're
1:02:01
expanding from a non-resident alien not engaged trade visit here in the United States now for a non-resident alien
1:02:08
actually engaged was engaged in trade or business within the United States or had an
1:02:16
office or place a business therein you know why does suddenly when
1:02:21
that happens now you find you know now they
1:02:27
expand the tax to non-resident aliens actually engaged to trade business here in the United States and suddenly out of
1:02:34
the wild blue yonder accept those items which are
1:02:39
exempt from taxation by Statute or treaty or which are not taxable by the federal government under the
1:02:45
Constitution a phrase you've seen before you know why is that you may I suggest
1:02:51
to you I think a porman has a direct relationship to this
1:02:58
okay let's see if there's what's a using the word means versus includes when it says government
1:03:06
employee means or this means as opposed to this includes is there well you know
1:03:12
I wouldn't want to for any one particular thing I wouldn't want to uh limit my argument based upon what
1:03:20
you see currently I would go back and trace it all the way forward because
1:03:26
when when you trace it forward you know I've just seen too many people when they limit their conclusions based on the
1:03:31
current code and ignore history they often reach a conclusion the exact
1:03:36
opposite of what the truth is the reason I and that includes professionals we have professionals which is tax lawyers
1:03:44
and accountants we have people in government that work in the tax field you know
1:03:49
everybody we're all going to deal with with the current well they're going to reach erroneous conclusions just like
1:03:57
the movement's going to reach the erroneous conclusions if you ignore history but everybody's bound and
1:04:03
determined can we do that with the r can we look at like 26 CFR at
1:04:10
6331 four I think it is it says uh federal employees paragraph
1:04:16
about federal employees and it says what a lot of people on Bas on 6331 reach the conclusion based on the statute maybe be
1:04:24
May on the officer or employee but you know hey you know you won't you won't
1:04:29
you will not understand who an employee is until you look at it historically I'm
1:04:35
not going to tell you what it is I'm I'm going to let you go out and learn who an employees but another the key factor
1:04:42
here is uh the meaning of income because historically we find that
1:04:50
it does not mean compensation for labor including tax wages or salaries it meant income
1:04:58
derived from those things which would be uh not
1:05:04
the compensation itself but some earnings that you might Ur occur by gain
1:05:12
or profit arising from the employment such as John if your
1:05:19
employer is paying you vacation pay and you do not have to surrender any labor
1:05:25
to get vacation pay could you if you were looking at it from the Viewpoint of the government wouldn't that be a gain
1:05:32
or profit uh it could be if you were getting sick
1:05:39
leave you know you don't surrender any labor for a sick leave you know wouldn't
1:05:44
that looking at it from a government Viewpoint wouldn't that be a gain or profit from salary or wages well or if
1:05:52
uh you were be paid by the end of the week and you weren't paid until the end
1:05:58
of the month and the employer paid you interest on the money he borrowed from
1:06:04
you for 3 weeks uh that interest would be income yeah but not the wages
1:06:11
themselves yeah but I mean I would suggest you look at what specifically
1:06:16
treated is at length in the regulation the specific items under Section 61
1:06:23
regulations is about what income is and it's kind of but hey let's let's move on
1:06:29
we got here it is 11:25 and I'm just simply showing to you here we are the
1:06:35
regs 101 for the 1938 act and again you
1:06:42
have this language no other items are exempt from
1:06:47
gross income except those items of income which are under the Constitution not taxable by the federal government
1:06:56
and you know
1:07:05
this you know in a number of places you know you you see you know as time goes
1:07:11
by you know more and more often you find more and more spots in these regulations where they're talking about this income
1:07:17
not taxable by the federal government under the Constitution there's one spot and let's see here's another spot
1:07:24
oh you know I I nothing irritates me more than you know the the uh I don't
1:07:31
see why state employees nothing has changed constitutionally and boy this
1:07:38
this was an accurate statement then as well as today compensation state officers
1:07:43
employees compensation received for services rendered to a state is to be included in gross income less the person
1:07:48
receives such compensation from the state as an officer or employee thereof and such compensation is immune from
1:07:55
taxation of the Constitution of the United States and today you know you know I I
1:08:03
don't think constitutionally a state employee can be taxed but they don't care State surrender yeah here's a again
1:08:11
you know once these non-resident aliens were taxed on doing business here in the
1:08:16
United States by maintaining an office but there's something that even they do
1:08:22
which may not be taxable by the federal government under the
1:08:27
Constitution I think federal federal employees should be the only ones paying the damn tax they the ones getting the
1:08:32
benefit from it yeah yeah well go back and go back and look at some of the old
1:08:39
stuff about compensation for personal services do you think that the federal government might have even reached the
1:08:46
conclusion that a government worker has absolutely a zero basis in what he is
1:08:53
pay paid by the government you know under it seems like to me it's an acknowledgement that they're what what a
1:09:00
government employee is being paid as pure profit because they have nothing invested in it
1:09:06
it's it's all gravy where I mean if you if you sit down and take a look at the
1:09:12
what they have to say about government employees and reference to compensation for personal services you know there's
1:09:17
some real real interesting uh conclusions one conclusion being the
1:09:23
government acknowledges that the the work of a government worker is
1:09:29
valous and therefore is pure profit title 4 section 111 says that the United
1:09:35
States consents to income tax courts employees in corporate
1:09:40
offic and that that's of course then a contractual
1:09:46
agreement to pay taxes uh rather than uh
1:09:51
you know the ation of a statute for without the Contra element of contract
1:09:58
well that's put in their contract for them yeah I have a quick question sure
1:10:03
um back in the mid 90s I was involved in a group here I don't think's around anymore but a guy come up with some
1:10:10
documentation from it's not the tax law but it was laws back in
1:10:17
1869 where it showed that federal government employees had to pay a 3% Cas
1:10:23
yeah that was a tax on before that it was 1864 but you know there there's
1:10:29
we're not talking about you know historically you can examine the taxes
1:10:34
of the Civil War era yeah and because there's a lot of related parallels uh you know the documentation
1:10:41
that they're talking about is in reference to withholding you know I think that the
1:10:46
argument really back then was you know it was based on statute that there was this distinction they were only engaged
1:10:52
withholding on government employ employes uh but you know all of that that's historical you know I use certain
1:11:00
parts of the Civil War stuff to reach certain conclusions but beyond that I don't I don't study the Civil that's
1:11:06
kind like the beginning of all this Inc well I mean you know to me uh I haven't seen any record you know anytime you
1:11:12
engage in Fiat you're going to have a Fiat monetary system you got to suck up that excess credit from the economy you
1:11:18
got to have a way of taking something from everybody yeah to maintain the value of the CR
1:11:24
credit so an income tax who performs that that function well what and so they were they they knew that they were going
1:11:30
to come out with paper to finance the Civil War so you better come up with an income tax if it
1:11:35
did well and you had different features you know one is sophisticated is what we
1:11:40
have today yeah well one thing that's interesting to examine in this connection is the
1:11:47
gift taxs because I would say that vacation pay sick pay
1:11:54
bonuses and all that are gifts they're not compensation for
1:11:59
anything well yeah that's that would be an argument but we're we're not even to that stage yet because you know it's
1:12:08
quite possible that the government is sitting there telling us hey wages are
1:12:13
sick leave you know vacation pay severance pay I think it's a real good
1:12:19
argument and but because we're over here uh we haven't even ress to addressing
1:12:24
those issues you can make those arguments our contention would be hey that's you know we we do have a basis of
1:12:31
vacation pay but you we haven't even resolved the question of the taxability of compensation for labor job yeah but I
1:12:39
would say that the same analysis shows that gifts are not income
1:12:48
true and yet the government is treating them as though they were a gain yeah yeah Mr be yeah why is it you suppos
1:12:57
that if you look on 2012 website of the IRS now W2 W2 1099 and all those are
1:13:05
class five what's your gift to the state why well uh I'll tell you
1:13:11
this you know I I was educated by Wayne Benson you know 25 years ago about
1:13:18
6209 you know you can draw certain conclusions about uh you know like tax
1:13:23
class and everything else you can draw certain conclusions you you know there are some interesting things about the
1:13:29
way that the IRS oh God got keep doing that there are interesting things about
1:13:36
how the IRS keeps its books and Records you know the computerized books and
1:13:41
records and I don't think that you know we would probably benefit if we had somebody on the inside that could teach
1:13:48
us something more than you know our people sitting down and looking at 6209
1:13:53
but I I don't think you sit there and draw straight conclusions that the law
1:13:59
operates in a certain fashion from the way that the IRS you know the
1:14:04
conclusions we draw from the way that the IRS keeps its books and records and
1:14:10
you know even though you know you might want to make make an argument about you know certain tax classes you know this
1:14:15
is this is thisty you know we haven't really I I wouldn't want to sit there and based on
1:14:22
6209 and you know tax class or something then draw a conclusion that's the way the law operates so they could based on
1:14:28
that well tax class we move it over to this whatever but I you know I uh employment as far as I'm concerned based
1:14:35
you know and I've studied it all the way back to the beginning as it suggested here the employment taxes are uh a
1:14:41
method of of collecting uh the income tax from whoever is an employee and so
1:14:47
it statutorily is directly related to a feature of the income tax I ask you a
1:14:52
question can I ask you a question about jurisdiction all right in your
1:14:58
opinion where would my body have to be domiciled for this to all this all this
1:15:07
to apply to me my when you say all of this you talking about like the income tax that's everything you talking about
1:15:14
well I think that there's a you know one of the reasons why I think it's important for people to engage in word
1:15:20
searches is um did you say word SE word searches absolutely and you know I think
1:15:28
and I don't know what Steve's got on the the regs disc but you know I created
1:15:34
okay here we go let me get over to it can I bring up a point about what you
1:15:40
just said yeah if you go to us code. house.gov that's the office of law
1:15:46
revision Council MH and they have a search engine on there and if you search the code for and you got to put it in
1:15:52
quot because if you don't you'll get a 100 zillion hits but if you search for income tax collected at
1:15:59
source at us code. house.gov office La Council you'll only get three hits in
1:16:05
all titles you're are you reading zo's website no I'm this is I developed this
1:16:10
search on my own it's in the one of the yeah uh zult is a friend of mine
1:16:17
he's got what is tax and who is taxed that those websites and it's the same thing you
1:16:24
know you know I I I have my own personal idiosyncrasies I kind of like doing word
1:16:29
searches not bulling searches but you know word searches in PDS but it's interesting because in uh if you look at
1:16:37
income tax collected at source that's specific has to do with the way the 16th
1:16:43
Amendment is worded true I'll tell you if you if you take a look at you'll understand the
1:16:51
employment taxes when you take a cooh hard look at the applo taxes going all all the way back to the beginning and
1:16:57
after you just move forward into time you know the only the only conclusion is that you'll reach is wow the world is
1:17:04
really screwed up and it's interesting because the only people Lial is the
1:17:11
employer employer yeah and but but who is the employer 3403 what is the citizenship stat you tell me what's the
1:17:17
citizenship status of an employer the employer I think that I believe it's
1:17:23
referring to is the one described in title 4 section 111 which says the
1:17:28
United States consents to in tax well you know you're you're you're you're
1:17:33
reaching outside of the tax stuff to reach a conclusion absolutely why don't you why don't you go over to the tax
1:17:38
stuff and and see if you based upon that reach that same conclusion 26 though instead of why
1:17:46
don't they set why don't they say in title 26 the United States consens income tax but it's in title four the
1:17:51
government title because that's a function of government it's their prerogative to do either
1:17:57
approve or not but my argument is well then where's the where's the section of law that makes private sector employees
1:18:02
liable for income tax well or private sector employers that's another good uh
1:18:08
search you go to uh if you go to the US House uh us code website and search it
1:18:14
for I made liable is liable shall be liable I did all that it's easy to find
1:18:19
there's no there's nothing there that makes me liable right I got all the search for results at home is it an important question of where
1:18:26
we're it really it really is I think it's a good question it absolutely is
1:18:32
however all I'm telling you I don't know whether Steve's got this but I have it
1:18:37
on my hard drive you know I just take all the you know like I'll take this right here this is the folder that has
1:18:43
the 2003 Rags you know I've got I got the 1997 1998 99 2000 2001 2002 2003 3
1:18:53
2004 2005 2006 you know all those volumes of tax regulations which you can
1:18:59
pull down off of a government website but for uh 2003 what I used is I strung
1:19:05
together all of the part one RS you know you can either certain to have 13 or 14
1:19:10
different searches you know I like to do things the lazy way I just combined it all into one 10,000 60 page document all
1:19:19
the regulations and so now do the advanced
1:19:30
search let's not do that let's do
1:19:35
that wow there a lot of hits but look at look at
1:19:42
that crap and those in the r yeah this is just
1:19:48
RS which is equivalent to CFR Yeah the code of federal regulations
1:19:54
that's what this is I call it RS citizen resident are they the same
1:19:59
D yeah I know exactly what you mean you know you're going to find under Section
1:20:05
871 regulations if you want a definition of residence in D go over there
1:20:12
doile a resident is somebody that goes to has a separate doile you know I'm
1:20:18
domiciled in Alabama I I'm here in Austin if I stayed
1:20:23
here for a while for a couple months to do something I'd be a resident but my doile would be in Alabama that's what
1:20:31
and you would not be a citizen of Texas no I wouldn't but you know a citizen of
1:20:36
America an American citizen can go anywhere in any of the states and just
1:20:41
like that what's make a determination that he's going to become a citizen of the states point of National American
1:20:48
National versus American hey look a national is a guy from the in Pres
1:20:55
in like Puerto Rico well there you you got to look at
1:21:02
tiate some of the instr possession dudes have been made citizens you know Puerto
1:21:08
Rico the Virgin Islands I think the only possible Nationals you can have today are Swain's Island and you know I've got
1:21:15
it here okay all right you bring it up you bring it
1:21:21
up no I don't think well let me look well Nationals include
1:21:26
citizens but not all nationals are citizens well you can be a national an
1:21:34
American abroad can be viewed by other countries as a national we would be
1:21:41
classified as a national but here internally I'm sure zeld out a national
1:21:46
yeah by the way it's useful in uh aru care look okay
1:21:54
let me see let's be real specific since it's been brought
1:22:02
up I got a few that would be the baseball team
1:22:08
right that was a joke sorry sorry oh it's because we're on this B
1:22:16
thing that's word yeah well then I got I got still got a
1:22:26
Zoom that'll it let's
1:22:34
see residents of the northern Maran Islands who did not elect to become US
1:22:39
citizens oh okay here we go ah here we
1:22:44
are the following are the only persons classified as us Nationals persons born
1:22:51
in America Samoa and or Swain's Island and the northern
1:22:56
Maran where they do not elect to become a US citizen that right there ladies and
1:23:01
gentlemen are the only Nationals we have in this country but inherently they get to
1:23:09
choose however a statute can come along and say oh wherever the word national
1:23:15
applies here it will include citizens or Nationals so you but in
1:23:22
apparently you know this word national didn't get it start until the first time you find it in in the law is in the 20s
1:23:29
it's just kind of a new term that came up it's been used in the International Community but the inherent nature of a
1:23:37
national is somebody that's in in possessions and so we have a whole bunch of Patriots running around saying oh I'm
1:23:43
a national I'm a national I'm I think that's that's that's dangerous what about uh dual citizenship after World
1:23:51
War II there's a lot of that as we had our services our forces headquartered or
1:23:56
not station overseas well I don't know Mom and Dad have a baby in Germany or Panama Canal they have dual citizenship
1:24:03
up until they're 21 and how does that work I I've never looked into that I have no idea so can I ask my question
1:24:10
again sure so where does my body need to be domiciled for the United States
1:24:16
government and all these agencies to have any kind of jurisdiction over me Mr
1:24:22
D and Resident are two different things I just ask you doile doile is where you
1:24:27
have an intention to live cently I told you my my doile is my house understand
1:24:34
in hille Alabama your doile is I'm asking you where do my body need to be doneil for any of this to effect on me
1:24:42
well any of this is the problem okay let me see United States government inal revenue code in the FDA for for any of
1:24:49
those congressional powers constitutionally granted yes sir it wouldn't matter where in the in the
1:24:55
United States meaning the 50 states you were domiciled the United States is not the 50 that's one of the definitions is
1:25:01
the 50 states there's four definitions generally speaking what is subject to the
1:25:07
jurisdiction of the United States are all states and territories possessions protectorates
1:25:14
leas holes the grounds of foreign embassies abroad US flag vessels at Sea and the
1:25:21
coastal Waters uh going out to whatever distance
1:25:27
we ass assert these days but that is still subject to further
1:25:34
limitations on the subject matter of jurisdiction but generally speaking
1:25:41
subject to the jurisdiction applies to all that territory now of course the government
1:25:47
has also been asserting jurisdiction for some subjects on US citizens abroad like
1:25:54
tax for taxes or uh in a few cases uh for
1:26:01
uh uh International crimes uh the law
1:26:07
offenses cancel law so are you saying are you saying that the United States government has
1:26:14
jurisdiction over who where you sit right here well did you did you you didn't come yesterday did you no I okay
1:26:20
we covered it yesterday yeah generally speaking there are there are three kinds of jurisdiction no I'm didn't ask me
1:26:27
that or do you have do the United States government have jurisdiction over you where you sit right now yes for some
1:26:32
subjects for what for taxes uh for some taxes could be not
1:26:40
others but remember there are three kinds of jurisdiction subject matter called
1:26:48
subject territorial jurisdiction meaning locom and personal jurisdiction Persona
1:26:56
all three jurisdictions must be established in order to bring a
1:27:02
defendant into court personal Territorial and subject matter matter
1:27:08
what's in r in r in R is on the thing you know like uh abilty you know there's
1:27:14
a lot of stuff in the in our movie where people are talking about ad to which is a lot of it's crazy but in real is
1:27:20
operating on a a thing is typically an interim action is pursued you grab if
1:27:26
you grab the thing like a ship the you know there's another expression you know
1:27:31
when it relates to men you grab certain parts but if you grab a a ship you know typically the owner will
1:27:37
follow and so abilty likes to acquire jurisdiction uh through in Rim memes
1:27:45
grab the grab the thing and the owner will follow so there's something there that I mean that well it's really a kind
1:27:53
of uh that was developed for for seizing ships and stuff like yeah but that does
1:27:58
doesn't mean that every seizure is is averty no no but there's a there's a lot
1:28:03
of people that will contend that erroneously but but there's adaly jurisdiction even to this day of course
1:28:10
yeah but it there is no app jurisdiction right here contrary to promoters that
1:28:16
have gone around here the last couple years there would be in Houston the Port of Houston for instance that could be
1:28:22
well but you know I I tell you even the Port of Houston is going to be the water because the peers along you know the
1:28:27
Supreme Court said this you know Supreme Court has made a distinction between a crane on a ship unloading cargo would be
1:28:35
enamy but a crane on the dock unloading the ship is not now that's pretty that's
1:28:42
cutting things pretty pretty close but then you know the the the ad promon to
1:28:47
run around wow they're going to say that you know I'm sitting here or I could be in the high Des desert and whoa this is
1:28:53
a but that makes sense because that would be a Japanese ship with the Japanese crane on that ship un Ling
1:28:58
American Goods hit some lady pushing a cart and then you know well but you know
1:29:04
the the popular contentions about aaly are uh I'll just say insane you know
1:29:11
there's nothing there's nothing Apple tea you know even though that it might be a river atar out there there isn't
1:29:18
anything a there isn't anything aity about Highway 71 or being white or whatever you're going to call it and
1:29:23
there isn't anything adaly about this this hotel and a lot of the areas that had uh did have adaly jurisdiction to
1:29:30
the United States they've you know suited it to the states like New York Harbor that was one of the examples
1:29:36
Larry used yesterday New York Harbor they've given up federal government's given up their jur exclusive isn't that
1:29:43
as crazy as them saying that because the certain field floods in a farmer's ground that that's wet lands and and no
1:29:51
that's treaty base let's go back to this question let go do you gentlemen can you gentlemen give
1:29:57
your opinion the two attorneys and John if the IRS has those three jurisdictions
1:30:02
over my body sitting here right here today it depends on you're right as you
1:30:08
sit here right now you're not within the jurisdiction of the United States but if you if you open a whiskey distillery in
1:30:15
your backyard I'm not going to do that okay so it depends you can't just they
1:30:20
don't exist unless you're doing something that allows the I'm just sitting here I'm just why do we call them the
1:30:27
IRS why don't we call them the entity forly known as the IRS and make that an
1:30:32
official label because that's what the treasury order says well I know but you know the popular mind is if you want to
1:30:39
get technical but the popular mind you know you're going to lose somebody if you went around and engage in
1:30:45
conversation with them the treasury order call it says the entity look it up treasury order 1 15-06 it's right there
1:30:52
I'm not making that stuff up that's an active treasury order today it hasn't
1:30:57
been rescinded that's where they they were abolished the designation was abolished not the entity yeah so let's
1:31:05
call it the entity because that's what it is if we call it the internal rence service we're giving credence to
1:31:10
something that doesn't exist you're you're you're right hey we've got to we've got to go out and affect the uh
1:31:17
the American people we got to get them to look at some of this stuff they wake up can't we do that in the court of law
1:31:23
can't we sue and say in your honor they're not the IRS most people are don't know or care what happens in
1:31:31
courtrooms I don't care about most people the judges do I know but we if
1:31:36
we're going to reach the American people we have to be able to take the message to them in a way that they can
1:31:43
understand and a court of Victory would do that only if they know about it well then you tell them and I got another
1:31:49
thing the Court's not going to give you a vict iory in a tax matter subject about all these well one
1:31:56
reason we're never going to get rid of this crap is because there's a cottage industry of billions and billions of dollars developed around the fraud right
1:32:03
there's too many people being paid off so if you can start suing third parties for using these Eternal re IR we can get
1:32:10
out of an I'll tell you this there's a lot of good ideas I talk to everybody in the movement has a well let's do this
1:32:17
let's do that I have my own long list of let's do this and and you know there's a
1:32:22
lot of real good things we can do okay here's one people to do them when you file your income tax form you're
1:32:28
violating federal law how's that one because you're violating 691 it says you
1:32:33
shall file in the internal revenue District where you live or where you work that's paraphrasing it I agree but
1:32:40
that's what it says it says you shall in legal pars doesn't M that mean 99% of
1:32:45
the time mean must well then they they also compel you to file at the service centers by means of the the in
1:32:53
unpublished the rules that appear in the 1040 instruction book but if the Secretary of Treasury could hand out
1:33:00
exemptions to certain things like they've been handing out exemptions to Health Care yeah left and right I want
1:33:06
an exemption for violating that that law that says I got a file the internal revenue District where I live because
1:33:12
they got R than bam districts illegally in the district director position illegally because uh IRS R9 8
1:33:22
says it's in Congressional mandate at that section of code that the district director needs to approve in personal
1:33:27
writing on certain levies and that's Congress said that and uh there's that
1:33:33
am journal in 1962 that says you can't add or subtract anything with regulation from a statute otherwi otherwise the
1:33:40
damn thing is invalid the district director issue is part of what Lindsey Springer is litigating from but Lindsay
1:33:46
didn't research our Lindsay Lind
1:33:52
makes uh half of an argument he didn't research it he didn't say he went over
1:33:58
to my website you're what you're talking about and what Lindsay's talking about he pulled off of my website well I
1:34:04
didn't pull your it off yours I read the law I'd read the section 3445 and they
1:34:10
codified it in 6334 if you look at title 26 6334 it
1:34:15
still says District director but that yeah the regulations still say that yes
1:34:20
but the treas the Federal Register entry changed it to area director I understand
1:34:26
that they until they change the regulation it's have no consequence L
1:34:32
what do you mean it has no consequence because what's the consequence of well hey look we're almost the district director says is in the regulation but
1:34:39
the Federal Register says I don't know how long we got this room Steve I don't know whether we got a
1:34:45
vacate at noon or whether we hang over let's kind of wrap things up here
1:34:52
I I just got a question I'm just as confused as hell right now maybe you guys can get me straightened out just a
1:34:57
little bit back five or six years ago when the bankers were just absolutely outc crewing everybody underneath the
1:35:03
sun when they were yeah few people they stop they shorter list please a few
1:35:10
people came out and were just called idiots because they said man look at all this fraud it's going on so sure enough
1:35:17
it gets in the mainstream a few attorneys get a hold of it now and all of a sudden they get fin billions of dollars they couldn't care less nobody
1:35:23
goes to jail we're going on down the road power yeah so if we're dealing with
1:35:29
that same type of power structure here with the IRS and the government but a whole lot
1:35:36
worse is there any correlation is there any parallel that can be used with the bankers to try to get some semblance of
1:35:43
Justice here and I say no you know we have no remedy there there's no remedy
1:35:49
we would have a remedy maybe but we have no enforcement of that remedy so it's called the bailout no
1:35:58
well you know you're you're expressing a common view that uh oppressed people
1:36:04
across the world Al often speak like you and just because we got oppression here
1:36:09
doesn't mean that we're going to get an instantaneous solution when we're fighting a fire structure I know but here here's a point going to get we get
1:36:16
into that we get into cour which is where you all are are looking at and we get in there
1:36:21
they their favorite argument and you hit it yesterday well you know you're infringing on the power of the judge to make law well or something like that I
1:36:29
didn't say that well
1:36:34
somebody law the bench so come up and say a FR it's a frivolous argument you know uh here's something off the cup the
1:36:42
judge guess yeah I agree you know sustain you know the judges how do we
1:36:49
get to that point to make these people is there any way to make these people
1:36:56
follow the law this simp corrupt you know the condition of the courts is just it's it's just another fact of life it's
1:37:04
a feature of what we must be what what we're up against it's just like the sun will always rise in the east it always
1:37:11
has and always will and we we build our lives around the fact that the sun rises in the East and sets in the west well we
1:37:18
got we got uh judges that are protecting the system and it doesn't mean that uh
1:37:24
that's a factor that we got to take into consideration regarding what we do but that doesn't mean that we do nothing I'm
1:37:31
not saying and I would suggest to you that you know just uh as I said
1:37:37
yesterday look at what the hel case did I wouldn't have predicted the the hel
1:37:43
decision 15 years a healthare in Washington DC I'm sorry
1:37:51
Second Amendment stop oh second just this week seven circuit comes along and shoots down Illinois stop so there are
1:37:58
things that can be done uh judicially but I think that we've got a we need to be in forums where the the court doesn't
1:38:06
have a dog in the fight and when you're in federal court you know it's a real Prejudice
1:38:12
atmosphere the the judges have a dog in the fight because they're protecting the system I suggest you we go to state
1:38:18
courts to raise a lot of important of federal tax sister paycheck well let's let's examine
1:38:25
one other thing I've made good use can can I ask this question here it is
1:38:30
almost to the conclusion of our session does anybody else want me to show anything and then we can carry on if we
1:38:37
have to be out of here we certainly can go out there on the patio does anybody want to see anything
1:38:43
we can research that ourselves if we want to it count yes
1:38:48
yeah we going to talk about just Greg no I does anybody have something that
1:38:55
you I yeah I would like to talk about r98 because I think that's where they really screwed
1:39:01
up you know my point that I was trying to make was because I've raised this issue in many cases for many clients for
1:39:08
a number of years now since the rra took effect there has not been a lawful
1:39:14
assessment of any tax anywhere in the United States period I can't happen yeah
1:39:22
and the but do the judges care absolutely not because they their
1:39:28
position is oh well the IRS came up with another procedure for that I know and so the point is you know the definition of
1:39:34
insanity doing the same thing expecting different exactly that's not the same thing I've I've actually highlighted
1:39:41
3445 which is a section of code in r98 which says tells the office of law
1:39:47
rision Council you will update 6334 right right here to say District director it's Congressional mandate okay
1:39:56
I understand I understand that okay trial the point is that none of these
1:40:01
arguments are of of any use whatsoever in court exactly none of them why not
1:40:08
yours not anybody's in this room because you cannot win in court
1:40:13
they will not let you doesn't matter the Merit of your argument I went and got licensed in tax court because I had all
1:40:20
these clients that were helping telling me how bad it was I said oh it can't be that bad so I went and got licensed in
1:40:27
tax court and the very first day I step foot in the court I realized this is
1:40:33
this is 10 times worse than any of my clients ever told and that's the problem
1:40:39
but but the but the solution is don't get in the boat with them to begin with
1:40:44
which is why if you're going to go to court J if you have no choice but to go to court
1:40:52
all this stuff Larry's telling you is very valuable because it helps you protect records but my position is don't
1:40:58
go to court and don't get in their system in the first place because the law doesn't require it but there's a section code there's a section Cod
1:41:05
there's a section go says it's well settled well
1:41:11
settled 15 minutes I'm going to go up it's got to matter otherwise we don't have any rule exactly right
1:41:19
problem this is is political you will not get a solution in court this because
1:41:25
they're corrupt I agree 100% with John you have to you have to hey top
1:41:33
dogs just a second you guys can stay and talk but I me and Larry have to pack we
1:41:38
got to be on a shuttle to the airport soon but this room is paid for all day okay for those that want to stay and can
1:41:44
talk to each other or maybe if you want to we'll be back just turn in those things or you
1:41:51
can mail them in if you want to be on that Network that we're putting together brought a
1:41:58
point Robert had a client
1:42:12
tax
1:42:18
we American Liv [Music]
1:42:29
is that because of tax treaties that protect those citizens it's not on basis of
1:42:34
treaties it's simply asserted without
1:42:48
any that's what I wanted to know CU I heard you know hear what you had to
1:42:58
say cooperation of foreign Banks to report to the
1:43:08
irsi financial you might have an agreement
1:43:16
have the same effect right but it it just not bring US citizens under in those
1:43:24
countries under our jurisdiction the treaty doesn't do that it's just it's
1:43:31
just the government says the treaty is justly to
1:43:44
[Music] Discovery
1:43:52
well look the only value of all of this is in talking to the general public to
1:43:57
get them to support candidates and legislation that will change it that we reform
1:44:04
it the whole point of this is political there is no answer in
1:44:11
court and the only thing we can do in court is lose and thereby demonstrate to
1:44:16
the general public that we have a problem they have to elect different
1:44:22
people to Congress
1:44:36
well isn't going to change don't
1:44:45
know which is actually all we have which is 535 2%
1:44:56
is35 can't change we have to get majorities both
1:45:04
Congress and the presiden we don't do that we're
1:45:09
scre there's nothing we can
1:45:19
doity one treat
1:45:31
Nations fale
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