-Caveat Lector-
The �Income� taxing authority of the United States is limited to an excise,
impost, and/or duty, imposed upon the purposeful availment of a commercial
revenue taxable activity, franchise, benefit, or privilege secured on the
behalf of citizens, and/or residents of the United States. This source of
�Taxable Income� arises from the this purposeful availment of a commercial
revenue taxable activity, franchise, benefit, or privilege under the
jurisdiction of the United States, within, our without the United States. The
Income is the measurement of the transaction upon which the tax is levied.
One Information Return subject to the rules, regulations, and ordinances
enforced by the Secretary upon all �Individuals� arises under �The Internal
Revenue Code, of 1954,� Sub chapter A, Income Tax, Section 1. This Information
Return, and the �Individual� subject to providing said records is described in
Code of Federal Regulations Title 26, Part 1.1. The Office of Management and
Budget assigns this Information Return, Control Number 1545-0067, better known
as form 2555, Foreign Earned Income.
The cost of liberty is eternal vigilance
"In a age of universal deceit, telling
the truth is a revolutionary act."
George Orwell
----------
> From: Geri Powers <[EMAIL PROTECTED]>
> To: [EMAIL PROTECTED]
> Subject: Re: [teaparty] Digest Number 534: Msg 18 frm. Brad...
> Date: Saturday, May 22, 1999 9:36 AM
>
> From: Geri Powers <[EMAIL PROTECTED]>
>
> My comments are within:
>
> David Phillip Quinn wrote:
>
> > Tax is based on taxable events.
>
> Yes. Precisely what taxable event is it that you are engaged in that created
the liablity? Where is the statute that makes you liable? Where is the
statute that regulates the activity in which you are engaged?
>
> > If a dispute occursi as to whether a
> > taxable event occurred, or the size of a taxable event, or other material
> > facts, evidence is brought forth. If you have records you can produce
> > them. If you don't there may be other evidence.
>
> As I said previously, Sir.. If you are a person that deems themselves
required to file for any tax for any reason, then by all means you should be
maintaining records, and producing them in disputes with the agency, in the
agency. I merely remind you again that when you volunteer the records you can
no longer claim any 5th Amendment
> protections regarding the information on them.. I am not disagreeing with
you here.
>
> >
> >
> > I would think that if you are a taxpayer who is required to keep records,
> > then in a dispute you would be presumed wrong _unless_ you had records as
> > required. Your "burden of proof" would be higher in this way.
>
> Again, precisely what tax is it you are claiming to be a "taxpayer" for? How
did you receive notice that you were required to maintain books and records and
file returns. Did the Secretary of Treasury or the IRS Commissioner send you a
certified letter telling you that you had been determined to be a taxpayer for
a specific tax and
> precisely the statute and regulation under which they acted? Each statute
with the IRS code is inextricably linked with all others.. Together they make
a whole. Independently they only deal with facets of tax issues. The
maintenance of a record is dependent upon the requirement to do so, and the
requirement to do so is totally
> dependent upon a liability for a tax. The IRS cannot demand that you furnish
your drivers license and issue tickets for speeding, so unless you are liable
for a tax they cannot compel you to maintain records and furnish them at their
whim. There is after all such a thing as "probable cause" even within the
infamous IRS. They have to
> prove you had some type of minimum contact with something they have authority
and jurisdiction over. The only way they can do that is if you had notice that
you were engaged in a "revenue" generating activity from which income would be
generated upon which you would then owe a tax. I can't be any more clear than
this...
>
> > A taxpayer
> > who is not required to keep records would have more chance to win on the
> > basis of other evidence.
>
> Now I ask you if you have no records, and you aren't liable precisely what
evidence would you be able to produce that would prove a negative, Mr. Quinn..
It is up to the agency to establish probable cause.
>
> >
> >
> > I don't think that not being required to keep records is the same as not
> > being required to pay tax.
>
> How can you pay a specific tax, one in the IRS code that is, without
maintenance of records? I don't see how you can make that statement... If you
are speaking of a sales tax where it is paid at the consumer point, then fine.
Taxpayer is a broad word. I assumed that we were talking in terms of some type
of tax the agency claims is
> found somewhere in the IRS code. There is no tax found in the IRS code of
which I am aware that you could pay without maintaining a record.. Why?
because anything that you put on a form and submit to them you are liable for
production of the proof of your statements.
>
> If I am required to pay the tax, then I am required to maintain the records.
If I am engaged in an activity under their purview they are required to notice
me of it, before I step into it, not after.... Your statements are not clear to
me.. Perhaps I misunderstand you..
>
> > But this is only according to my view of
> > "common sense". Am I missing something?
>
> In my opinion, yes. The basis of law is knowledge of it..
>
> >
> >
>
>
>
>
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Om
Re: [CTRL] [teaparty] Digest Number 534: Msg 18 frm. Brad...
Inhabitant of the Conquered Land Sat, 22 May 1999 16:42:25 -0700
