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Letter to your Congressman

[cut and paste and email to your congress-critter]

Dear Congressman: (name)

No doubt you are well aware of Benson and Beckman "The Law That Never Was"
which clearly shows the 16th Amendment was NOT properly ratified by even one
State. In essence it is "constructive fraud". However, the Supreme Court in
Stanton v. Baltic Mining (1916) said, "...the 16th Amendment conferred no new
power of taxation...{and}...prohibited the ...power of income taxation
possessed by Congress from the beginning from being taken out of the category
of indirect taxation to which it inherently belonged..." So the question
of ratification of the 16th Amendment is rather moot. "Congress" has the
power to tax, found today in Sections 2 and 9 of Article 1 of the
Constitution of the United States of America..

I believe Title 26, The Internal Revenue Code, is Constitutional as it is
written but is being misapplied by the Internal Revenue Service. Since the
individual income tax is limited in application to foreign entities and/or
U.S. citizens living and working abroad, the non-ratification of the 16th
Amendment is irrelevant.

A reversal of presumption is critical to asserting one's rights. For
example, the IRS must be able to prove the Supreme Court's Stanton decision
that the 16th Amendment conferred "no new power of taxation" was incorrect.
The IRS must find the provision in the Internal Revenue Code that makes a
U.S. Citizen living and working within the fifty States liable to file
and/or pay an income tax. The IRS must be able to prove that Form 1040, and
not Form 2555, is the required form according to the OMB. If I'm mistaken in
my new understanding of what the Law actually says, which is that I never
was required by Law to take those actions of applying for a social security
number and filing returns, then please show me where I am mistaken.

As far as a proposed "flat tax" I would take this tax as being a new tax on
Citizens of the United States. The proposed 17 percent tax seems rather high
considering GOD only asks for a tenth! Perhaps you could provide me with the
specific provision in the Constitution which authorizes the type of tax
which Congress is now advocating. That is, is it 'direct' or 'indirect'? If
'indirect', is it an 'excise', 'impost', or 'duty'? If it's an 'excise',
what is the activity (or other object) upon which this proposed tax would be
laid? I would also add that with all the exemptions and the granting of
privileges to select groups of people is conflicting in scope with the
Constitution. All taxes must be uniform throughout the United States. This
uniformity has always been held to be with respect to geography, and not
defeated by different treatments for different classes of persons. The "flat
tax" is unconstitutional because it is a "direct tax" without apportionment.

Maybe you would like to "right" the "wrong". You see, over one hundred
thirty years ago, during The War Between the States, Congress passed what
was called The Anti-Injunction Act, now codified as 7421 of the Internal
Revenue Code. The effect of this legislation was and is to prevent the
Courts from interfering with the actual collection of a tax and/or to
prevent the citizens from having the courts adjudge the lawfulness of the
assessment or collection of an alleged tax.. The problem is, it prevents the
courts from enjoining the collection of an unsubstantiated tax assessment.
In other words the IRS can pluck a figure out of thin air and this statute
prevents the courts from stopping this theft.

Would you be willing to initiate the appropriate legislation that would
repeal the Anti-Injunction Act? If not, why not?


(insert your name)

For a GREAT sample letter to the IRS for Freedom of Information request Click Here and Cut/Paste from the letter.