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Author Topic:   Step One Complete: House Repeals O'BomberCare
katatonic
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posted March 05, 2011 01:23 PM     Click Here to See the Profile for katatonic     Edit/Delete Message   Reply w/Quote
Otherwise, you risk prosecution by a corrupt US Attorney in front of a corrupt federal judge both of whom will do all they can to prevent you from asserting a defense in front of a jury of your peers

this happens to presidents too apparently!

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Randall
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posted March 05, 2011 01:44 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
AG, with all due respect, you have a fundamental misuderstanding of the 5th Amendment. We had a local case where a bank robber was shot during his get-away. Doctors took out the bullet to save his life. The bullet was introduced as evidence to convict him. A judge overturned the conviction, because the criminal did not give permission to operate on him. so the bullet was ruled to have been compelled testimony. You see, courts go overboard to defend one's 5th Amendment right...but not with income taxes. You simply cannot be forced to give the government any information it can use against you.

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AcousticGod
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posted March 06, 2011 12:31 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
I'd like to see that case. I doubt that having an operation to remove a bullet is, in itself, incriminating. The origin of the bullet would be more so. The location of the robber when he received the wound would also be relevant information.

quote:
You simply cannot be forced to give the government any information it can use against you.

I think this misses the point, though. The point being that it is every citizen's duty to pay their taxes. If, in doing so, the person incriminates themselve, that is on the person, not the government for legislating tax collection. The government didn't compel them to incriminate themselves. The taxpayer did it of their own volition. The government compelled the person to pay taxes in a lawful manner, which wouldn't involve the 5th Amendment.

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littlecloud
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posted March 06, 2011 02:19 PM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by AcousticGod:
The point being that it is every citizen's duty to pay their taxes.

I haven't read much of what was posted so if I'm repeating anything I apologize in advance.

Why is it our duty? The gov't has been slowly taking away more and more of our rights and our money. The middle class is slowly disappearing. I want to know what they do with all our money. They claim that it goes to pay for jobs, roads etc. But the maintenance of roads are covered in the gas tax. The truth is that our "income" tax goes to cover the interest rate on the dollar the gov't BUYS from the Federal Reserve. Which isn't even federal. Where is all the gold that the gov't had? Oh yea, the Fed has it. Lovely. Our true source of wealth is in the hands of bankers.

Forgive me for not feeling it's my "duty" to pay taxes to bankers that have destroyed just about the entire world.

Seeing how the discussions here are usually fueled, I want to say please don't give me the Republican vs Democrat argument. For me this is just a distraction from what the gov't is really doing. While ideally the republicans seems to have a better hold of way things should be done, their candidates in office seem to have done the exact opposite. Year after year you hear that there will be no increase in taxes or no new taxes, and then something happens which for some reason we need to taxed for. Year after year people have less and less money to live with. Where are all the taxes that seem to be helping the people?

I'll go back and read the posts I didn't read. This line you posted AG caught my eye.

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littlecloud
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posted March 06, 2011 02:23 PM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by Lonake:
Health care as it stands today is a business and that's 180 degrees from what it should be.
The whole country needs to be re-educated about prevention and to be told all the myriad ways this govt is trying to kill us.
But that's what this govt does best, the big business being war of course.
No surprise there.

and a million of these for saying that. This is one of the biggest things wrong with America. If it completely turned around it "sickcare" system the economy would be a lot better off as will the people and their health.

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Randall
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posted March 06, 2011 03:03 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
No, it's incriminating due to ballistics proving that the bullet was fired from the police officer's gun. My point is that courts go way above and beyond to protect the 5th Amendment. Filing a tax return is akin to taking the stand if you are on trial. The courts have already determined that filing a return is the same as being a witness. You cannot be compelled to be a witness against yourself. Furthermore, coerced confessions (compelled testimony) cannot be used against you in a court of law. You can only be forced to testify if given immunity from prosecution.

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"Never mentally imagine for another that which you would not want to experience for yourself, since the mental image you send out inevitably comes back to you." Rebecca Clark

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littlecloud
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posted March 06, 2011 04:38 PM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
katatonic- You bring up some excellent arguments.

Randall- I never looked at it from a 5th Amendment point of view. Though it does make sense...

AG- http://video.google.com/videoplay?docid=-1656880303867390173#

Watch that and get back to me. (if you want of course)

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littlecloud
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posted March 06, 2011 04:43 PM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
Also, AG, your siting court decisions that rule in favor of the IRS is in assumption that the courts are actually upholding the law. Again refer to my link posted above.

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AcousticGod
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posted March 07, 2011 02:36 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
littlecloud, regarding our "duty", it's any citizen's duty to pay taxes to their home country. We're not unique in this way. I'm too practical to believe the Federal Reserve is going anywhere. This is all a non-issue to me. We have laws we have to follow, and that's that.

No, filing a tax return is filing a tax return. Nothing inherently incriminating about it. That's why "frivolous" is the word of the day when it comes to people trying to fight the IRS in court.

quote:
No, it's incriminating due to ballistics proving that the bullet was fired from the police officer's gun.

I still don't think so. The criminal didn't remove the bullet himself apparently, or else the prosecutor wouldn't have gotten his/her hands on it. The act of having it removed doesn't speak to incriminating oneself in my book. If it were not the policeman's bullet, it wouldn't have implicated the criminal. If it weren't a policeman's bullet, then the bullet would have possibly violated the assailant's [another criminal's] 5th Amendment rights. I think standard procedure at a hospital is to call the police when operating on a gun shot wound. It doesn't seem logical at all that there would be a 5th Amendment 'out' for the criminal in such cases. I don't get why a judge would allow it. Seems to me the case would be built on more than mere ballistic evidence anyway, thus nullifying the need for considering the man's 5th Amendment rights. Is it the Watkinson/Lee case (Winston v. Lee)?

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littlecloud
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posted March 07, 2011 08:19 AM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by AcousticGod:
I'm too practical to believe the Federal Reserve is going anywhere.

And they won't with this type of thinking. That's why they've stayed where they are for so long and why the people of the world have suffered let alone Americans who lost their jobs at the beginning of the recession and have to live in tents.
http://www.youtube.com/watch?v=1owwvwi6t30&feature=related

I would love to know why we stopped seeing news reports on this.

What about the fact the Federal Reserve is illegal? The ONLY REASON WE ARE TAXED ON OUR WAGES IS TO PAY THE INTEREST ON MONEY INSTATED BY THE FEDERAL RESERVE.
Knock out the Fed and you have just saved America, and the world because it will create a chain reaction just like the Middle East. The Fed is not going anywhere because the PEOPLE aren't making them.

Section 10 - Powers prohibited of States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
http://www.usconstitution.net/const.html#A1Sec10

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jwhop
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posted March 07, 2011 08:40 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
I keep hearing the same tired arguments in defense of the government's administration of the IRS Code.

There is no legislative act.."bill" passed by any Congress of the United States which requires any individual wage or salary earner to file an income tax return and pay a tax on their earnings to the IRS.

acoustic, you posted a part of a US Supreme Court decision which said...the 16th Amendment granted no "new power" to tax.

Yet, you continue to argue that the 16th Amendment gave the government to power to tax incomes derived from wages and salaries.

Just to clear this up for you acoustic...because you missed it the first time around...the 1893-1894 US Supreme Court decision declared the then "new" income tax law passed by Congress un-Constitutional. That law sought to tax...for the first time...wages and salaries of individual citizens.

You don't get it both ways acoustic. If the 16th Amendment Did Not grant government any "new powers" to tax...then the US Supreme Court decision from the early 1890's IS in full force and effect today.

I've said here that there's too much wrong with the current so called "income tax" for it to be constitutional.

Randall has listed the deficiencies and cited federal court decisions to back up what he's said.

Since no citizen can be compelled to waive any of their rights under the US Constitution, including their 4th Amendment right to be secure in their..."papers", which cannot be had by the government without an order of a court of competent jurisdiction and no citizen can be compelled to be a witness against themself under the 5th Amendment..which is absolute, then if the government administers the IRS Code as compulsory or mandatory as to individual wage and salaried citizens...then, it's un-Constitutional. When I say "administers", I mean "prosecutes" and levies "fines" and "forfeitures" of property for non-compliance with the IRS Code...which is nothing if not "Administrative Law".

The IRS Code is full of the words "Shall" and "Must" which if taken at their dictionary definition meanings "REQUIRE" or "COMPEL" whatever follows.

However, US Federal Court decisions say otherwise.

Whenever the words "shall" or "must" in any statutory language create a Constitutional crisis, those words must be deemed to mean "MAY". Unlike "shall" and "must" which means "required", "may" makes the action spoken of "optional", or "voluntary", at the discretion of the individual.

And acoustic, that's exactly what we're talking about here. Compliance with the IRS Code when it speaks to individual wage and salaried persons "IS VOLUNTARY".

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littlecloud
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posted March 07, 2011 09:30 AM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
Hey jwhop, what if your boss gets your social # wrong in their papers? Example; if the last four of your social are 1234 but they put 1244, what then?

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jwhop
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posted March 07, 2011 09:52 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Well, in that case littlecloud YOU and your employer are making involuntary contributions to someone elses social security account.

And, when you "voluntarily" file your 1040 individual tax return with "your" social security number and attach your employer generated W-4 with the wrong social security number...the IRS computer may hiccup, clang, tilt and spit your 1040 return out for further IRS review and action.

Further, if you are near retirement age, your account will show no SS contributions for that period

Ummm, I'd see to that immediately and make the necessary corrections!

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littlecloud
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posted March 07, 2011 10:22 AM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
Is the best way to do this to go directly to the IRS? What if you are no longer employed there?

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jwhop
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posted March 07, 2011 10:38 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Well, the IRS has a form for everything under the sun.

First stop is a review of your W-4 withholding form you completed for your former employer...to make sure you didn't enter the wrong SS number.

Then, an amended W-4 from your former employer showing the correct SS number and a letter from your former employer stating the facts of error...theirs or yours.

Then, a call to your local IRS office for an appointment to get the matter corrected in your official records.

That's what I would do...AND, I'd make copies of every letter and document, including any letter or finding from the IRS. All of which would be kept in a place where it wouldn't be "lost".

***Notice***

I am not now, nor have I ever been an employee of the IRS. Nor, am I now an accountant or paid tax preparer nor have I ever been.

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littlecloud
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posted March 07, 2011 01:59 PM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
fudgums.

What if you left the country and WWIII breaks out and you can't go back?

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katatonic
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posted March 07, 2011 08:12 PM     Click Here to See the Profile for katatonic     Edit/Delete Message   Reply w/Quote
when you're out of the country and not earning, littlecloud, you do not have to pay taxes to the IRS(US version) UNLESS you earn over a certain limit...used to be $70K but i haven't looked since i came back!!

so they do try to get their hooks into you if you're a mid-to-big earner, but they leave you alone if you're not worth chasing! charming they ain't!

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littlecloud
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posted March 07, 2011 08:38 PM     Click Here to See the Profile for littlecloud     Edit/Delete Message   Reply w/Quote
I know. Apparently there is a waiting list for ex-pats in England wanting to give up their American citizenship because they still have to pay the IRS. Kinda ridiculous.

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jwhop
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posted March 08, 2011 09:16 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
"What if you left the country and WWIII breaks out and you can't go back?"

You won't find this in the IRS manual but if this situation develops....

round up an M-16 find an ammo can filled with 5.56mm, find the high ground, dig in and wait for reinforcements to arrive.

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AcousticGod
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posted March 08, 2011 09:21 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
In the most simple terms, I'd love for any of you to go to court on this matter. You'd all find out very quickly that you're legally wrong on all counts. It's not voluntary. I already addressed that. The 16th states more implicitly what the court believes was already true. Yes, there was a court way back when that declared income tax unConstitutional, however, subsequent courts have said that Congress has this ability even without the 16th. We've already covered all of this.

I say just take your conviction to court.

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jwhop
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posted March 08, 2011 09:37 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
When you can detail a way one can file an individual 1040 tax return without volunteering to waive their 4th and 5th Amendment rights...get back to me acoustic.

When you find the legislative act...bill passed by Congress and signed into law by a president of the United States which requires any individual to file a tax return on his/her wages and salary...get back to me acoustic...and post it right here.

Until then, I will continue to view the income tax code as it is applied to individuals as...The Law that Never Was.

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AcousticGod
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posted March 08, 2011 11:22 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
I think you should put your money where your mouth is, and go ahead with fighting the law in court. That's what a person with integrity and conviction would do.

Would you really like me to post from the link I've already given regarding the relevant parts of the law as well as the relevant case law on the matter? It's quite lengthy, and if you weren't lazy you could go read it yourself without all the posturing like you have a valid point. Like so many of your arguments, you lost because you can't win. It's virtually impossible for you to win. If you think I'm wrong, I'd like to learn of the case you won in court that makes your case. "Until then," I'll assume that your mind has once again lead you astray.

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jwhop
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posted March 08, 2011 12:32 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Having shot your mouth off acoustic...about the constitutionality of a mandatory income tax as applied against individual wage and salaried citizens...it falls to you to find the law passed by Congress which requires such citizens to file an income tax return and mail it to the IRS.

I'll wait right here acoustic...until you do.

Btw, if the IRS can't find such a law and Tax Court judges can't find such a law and IRS criminal investigative agents can't find such a law...after repeated requests to produce that law...then good luck to you acoustic.

Of course, anyone can "volunteer" to waive their rights, fill out a 1040, mail it to the IRS and....become a "taxpayer".

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Randall
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posted March 08, 2011 12:44 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Not even the Congress Research Group could find such a law.

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"Never mentally imagine for another that which you would not want to experience for yourself, since the mental image you send out inevitably comes back to you." Rebecca Clark

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PlutoSquared
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posted March 08, 2011 12:48 PM     Click Here to See the Profile for PlutoSquared     Edit/Delete Message   Reply w/Quote
Taxes. I pay them. More interested in talking about health care, though.

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