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First Amendment

The 1st Amendment to the U.S. Constitution reiterates the bedrock principle that People are Sovereign and have the unalienable right to petition the government for redress of grievances and to be properly answered.

The entire Citizenís Truth-in-Taxation Hearing is the direct result of a petition from the People to the government regarding the income tax system of this nation.  As of this writing, the Government has refused to respond to the petition.

There is no right, or liberty which the government will not sacrifice on the alter of the "general welfare."  Property, labor, wealth, freedom, liberty, speech, petition, due process are all eliminated in the name of enhancing the efficiency and effectiveness of the taxing machine so that the Government can solve the nation's ills.  

This is not the destiny of a free, spiritual and Sovereign People.

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Questions 458 - 482

It Is Nonetheless Robbery Because It Is Called Taxes

  1. Admit that the second plank in the Communist Manifesto calls for a heavy, progressive (graduated) income tax not unlike what we have now with the IRS form 1040, which punishes the rich so that wealthy may be redistributed to the poor. 

    Communist Manifesto
    Exhibit 458, 458bb

  2. Admit that the U.S. Constitution requires that all income taxes must be uniform as follows, from in Article 1, Section 8, clause 1 of the U.S. Constitution, which says:

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States"

See Article 1, Section 8, clause 1 of the U.S. Constitution
Exhibit 459 (Page 4 of 13)

  1. Admit that to be uniform, a tax must apply equally to all persons similarly situated and all property of the same type or class being taxed must be taxed at the same percentage rate, no matter where people live, where the property is, or how much taxable income the person makes. Otherwise, the tax discriminates against the rich.

  2. Admit that the Supreme Court stated in the case of Pollack v. Farmer's Loan and Trust Company, 157 U.S. 429, 158 U.S. 601 (1895) that:

 "Congress has the exclusive power of selecting the class. It has regulated that particular branch of commerce which concerns the bringing of alien passengers,' and that taxes shall be levied upon such property as shall be prescribed by law. The object of this provision was to prevent unjust discriminations. It prevents property from being classified, and taxed as classed, by different rules. All kinds of property must be taxed uniformly or be entirely exempt.

The uniformity must be coextensive with the territory to which the tax applies. Mr. Justice Miller, in his lectures on the constitution, 1889-1890 ( pages 240, 241), said of taxes levied by congress: 'The tax must be uniform on the particular article; and it is uniform, within the meaning of the constitutional requirement, if it is made to bear the same percentage over all the United States. That is manifestly the meaning of this word, as used in this clause.

The framers of the constitution could not have meant to say that the government, in raising its revenues, should not be allowed to discriminate between the articles which it should tax.' In discussing generally the requirement of uniformity found in state constitutions, he said: 'The difficulties in the way of this construction have, however, been very largely obviated by the meaning of the word [157 U.S. 429, 595] 'uniform,' which has been adopted, holding that the uniformity must refer to articles of the same class; that is, different articles may be taxed at different amounts, provided the rate is uniform on the same class everywhere, with all people, and at all times.'

One of the learned counsel puts it very clearly when he says that the correct meaning of the provisions requiring duties, imposts, and excises to be 'uniform throughout the United States' is that the law imposing them should 'have an equal and uniform application in every part of the Union.' If there were any doubt as to the intention of the states to make the grant of the right to impose indirect taxes subject to the condition that such taxes shall be in all respects uniform and impartial, that doubt, as said by counsel, should be resolved in the interest of justice, in favor of the taxpayer.'

See Pollack v. Farmer's Loan and Trust Company, 157 U.S. 429, 158 U.S. 601 (1895)
Exhibit 461

  1. Admit that the article being taxed in the case of Subtitle A income taxes is dollar bills, or "income" as constitutionally defined.

  2. Admit that in order to meet the uniformity requirement, every dollar bill (the article being taxed) taxed must be taxed at the same rate and not in a way that is based on the income of the person receiving it, because this would amount to discrimination according to the Supreme Court as listed above.

  3. Admit that because graduated income taxes violate the uniformity requirement of the Constitution, they must be voluntary, because the government cannot by legislation compel its citizens to violate the Constitution.

  4. Admit that the Supreme Court stated the following about the nature of income taxes in general, and that neither of these two cases has ever been overruled:

"To lay with one hand the power of government on the property of the citizen, and with the other to bestow it on favored individuals.. is none the less robbery because it is.. called taxation." Loan Association v. Topeka, 20 Wall. 655 (1874)

 "A tax, in the general understanding of the term and as used in the constitution, signifies an exaction for the support of the government. The word has never thought to connote the expropriation of money from one group for the benefit of another."
U.S. v. Butler, 297 U.S. 1 (1936)

Exhibits 465

Robin Hood—Alive and Well

  1. Admit that all entitlement programs, including Welfare, Social Security, FICA, etc, fall into the class of taxes identified in U.S. v. Butler that are "expropriations of money from one group for the benefit of another."

  2. Admit that using income taxes to redistribute income or property between social classes or persons within society makes the U.S. into a socialist country:

"socialism 1. : any of various economic political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods. 2. a: a system of society or group living in which there is no private property b: a system or condition of society in which the means of production are owned and controlled [partially or wholly] by the state 3: a stage of society in Marxist theory transitional between capitalism and communism and distinguished by unequal distribution of goods and pay according to work done." [Webster's Ninth New Collegiate Dictionary, 1983, Merriam-Webster, p. 1118]

Exhibit 467, socialism defined

  1. Admit that the Supreme Court, in Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895), stated about the very first income tax instituted by Congress that:

"The present assault upon capital is but the beginning. It will be but the stepping stone to others larger and more sweeping, until our political contest will become war of the poor against the rich; a war of growing intensity and bitterness.

Ö The legislation, in the discrimination it makes, is class legislation. Whenever a distinction is made in the burdens a law imposes or in the benefits it confers on any citizens by reason of their birth, or wealth, or religion, it is class legislation, and leads inevitably to oppression and abuses, and to general unrest and disturbance in society."

See Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895)
Exhibit 468

  1. Admit that the payment of social benefits to persons not associated with the government under entitlement programs such as Social Security and Welfare invites and encourages the kind of class warfare described above in Pollock v. Farmers Loan and Trust, 157 U.S. 429 (1895).

  2. Admit that compelled charity is not charity at all, but slavery disguised as charity.

  3. Admit that Social Security is not insurance and is not a contract as ruled by the Supreme Court in Helvering v. Davis, 301 U.S. 619 (1937) and Flemming v. Nestor, 363 U.S. 603 (1960)

    Exhibits 471, (or 471a and 471b)


  4. Admit that Social Security is Socialism, and that socialism must be voluntary at all times in a free country if liberty is to be preserved.

  5. Admit that for the Social Security program to be called voluntary, a participant should be able or at least know how to quit a program at all times and that the agency should not constrain or restrict those who quit or refuse to provide information about how to quit.

Social Security—Hey Baby We Want You

  1. Admit that the Social Security Administration has no documented means to quit the Social Security program on their website or in any of their publications, and that they will not tell you how to do so if you call their 800 number.

  2. Admit that absent an ability to leave the Social Security program at any time, the program constructively becomes a compulsory/involuntary program for those joined because they are not allowed to quit.

  3. Admit that the application for joining Social Security does not indicate that the choice to join in irrevocable.

  4. Admit that most persons who allegedly joined the Social Security program did so when they were not competent adults, and joining was done by the parents and without the consent or assent of the child joining.

  5. Admit that persons whose parents applied for Social Security on their behalf are not offered a choice, upon reaching adulthood, to rescind the application so that their participation is entirely voluntary.

  6. Admit that the Enumeration at Birth Program of the Social Security Administration creates the impression at hospitals where babies are born that the obtaining of Social Security numbers for their children is mandatory, and that they make it inconvenient and awkward to refuse receiving a number for their child.

    Exhibit 479

  7. Admit that even though income tax returns require listing social security numbers for children who are dependents in order to claim them as deductions, parents may provide other proof such as a birth certificate in lieu of a social(ist) security number to claim the deduction.

  8. Admit that a majority of employers will insist that their employees obtain a Social Security Number as a precondition of employment, and that this makes joining the program compulsory and not mandatory for all practical purposes.

  9. Admit that using the government to plunder the assets of the rich to support the poor using the force of the law is no less extortion or theft because it is called "taxation".

 
 
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