SECTION 861:
THE LAW THEY HOPE YOU NEVER READ
By William A. Shields
At first I thought this issue was amusing. Then, the more I researched
it, the more compelling it became, and today, I’m here to tell you that the
subject of this column is arguably, the most important issue of our lifetime.
I’m speaking of fraud on a scale so massive and so enduring it could only be
perpetrated by the federal government. That is to say, a federal government
operating way outside of the limits mandated by the Constitution.
Everyone knows you must pay federal income taxes. There are people in jail right
now for income tax evasion. The vast majority of those persons, if not ALL of
them, have voluntarily (you can’t be forced to swear an oath) signed a return
under penalty of perjury, swearing that they were subject to the income tax, and
that all or most of their income was taxable according to the IRS code, (federal
law Title 26). Then, they lied about how much income they earned giving the
government everything they need to prosecute them successfully. The tax return
becomes a signed confession of guilt.
Most Americans have never seen the law that requires them to file a return, and
most have never researched the IRS code to determine how much, if any, of their
income is taxable under the law as it is actually written. But everyone knows
there is such a law, and everyone knows that all of their income is taxable.
What if everyone was wrong? It has happened before. Once upon a time, everyone
thought the earth was flat. Today, almost everyone believes they owe federal
income taxes. However, when the actual words, written in the IRS tax code are
examined, an ugly truth begins to emerge. And the truth is, that most Americans
have been systematically and intentionally defrauded into paying a tax they do
not owe.
Did you ever wonder about the “voluntary” nature of federal income taxes? If the
law requires one to pay, why does the IRS call for “voluntary compliance?” If
one is charged with violating the law is his or her appearance in court
voluntary? Does one serve time in a federal prison voluntarily or is there some
sort of mandatory attendance associated with a prison sentence?
The reason for voluntary compliance is simple. The federal government is barred
by the Constitution from taxing the income of most Americans. To tax each and
every endeavor within the states is to regulate ALL activity, and where is the
limited nature in that? The federal government is allowed by the Constitution to
regulate international and foreign commerce, so they imposed an income tax
applicable to income from international and foreign commerce. However, they
still would like some of YOUR money, so they wrote the law in a very convoluted
and easily misunderstood way.
But, as complex and torturous as it may be, the law must still be printed in
English and in black letters on white paper. To determine one’s taxable income
under the law as it is written, one must find section 861 of the tax code and
read what it says. The best way to start understanding this subject is watch
Theft by Deception, a fine documentary video
produced and available from Larken Rose.
But don’t take anyone’s word for it. In order for you to refute the IRS’s false
claim on your money, you must know the law for yourself. Armed with that
knowledge, you can stop voluntarily complying with a law that does not exist. To
be more correct, stop complying with a misapplication of a law that does exist.
My research shows that at least 300 persons have requested clarification from
the IRS on this subject in general and section 861 in particular. To date, the
IRS has refused to address these questions and they have resorted to bullying,
blustering and threatening. But ALWAYS they have refused to address specific
questions about section 861. Also, to my knowledge, not ONE person has been
prosecuted for relying on the written law as expressed in section 861 of the tax
code, and has paid the least amount or taxes owed – ZERO!
And legally paying zero federal income taxes is the most patriotic thing an
American can do. Because most Americans are ignorant of the law, they have been
unwittingly forging their own chains. It is the American taxpayer, more than
anyone else, who is responsible for rampant federalism. The taxpayer is
responsible for federal meddling into areas they have no business in, such as
education and commerce, not to mention foreign aid and foreign entanglements.
In a Ponzi scheme the fraud eventually collapses from a lack of new investors.
In the federal income tax fraud, there is no dearth of gullible prospects,
because as P.T Barnum once noted, there is a sucker born every minute.
William A. Shields is a USA Daily columnist. He has also been a contributor to
the American Reformation Project as well as Ether Zone. Willie is a "Once and
Always" U.S. Marine with 19 years combined experience as a military and civilian
air traffic controller. The former chairman of the Delaware Buchanan/Reform
Party, and a past president of the National Air Traffic Controllers Association,
EWR, he has held positions in the rail, aviation and marine transportation
industries. Mr. Shields owns and operates a small business in Wilmington,
Delaware. He is a self taught expert on USMC history and Doo-Wop music of the
fifties and early sixties.
William A, Shields can be reached at
wshields@comcast.net
Published in the June 17, 2003 issue of Ether Zone.
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