Legal Proof Paying Taxes is VOLUNTARY -- Challenging the IRS -- Know Your Rights July 16, 2013
This outstanding piece of work was sent to me back on June 15th. I've fallen a bit behind on email over the last month or two, so I must have missed it somehow. It's funny that on the very day after I open up a letter from the State of California Franchise Tax Board, claiming I owe them upwards of $4,000, something told me I needed to comb my emails to make sure I didn't miss anything pressing. Interesting synchronicity indeed.
I share this not to try to and convince anyone to stop paying their taxes. I share it to express the importance of doing our homework and knowing our rights. At this time of great transition, it's more than important. It's crucial. As I said on the radio show last night, it is our very consent to the systems that enslave us that voluntarily gives our power away, to be controlled by another. The IRS, the government, the banks, the courts don't take it from us....we give it to them. Well, I don't know about everyone else but I AM DONE giving mine away. "They" can try and come after me all "they" want. I know my rights, well enough anyway, to defend myself against what I KNOW to be True. The burden of proof lies on "them" to prove their power and jurisdiction over me which they DO NOT possess, in any way, shape, or form. When we share this attitude en masse, governments collapse. Revolutions ensue. Let us hold the intention for a peaceful transition. Without violence or bloodshed. How that takes place is up to us, "the people." We must continue to light the way.
"This world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." - Albert Einstein
A BIG THANK YOU to my anonymous contact who pieced this all together. It's a bit long but absolutely brilliant. It goes to show how far a little research can go in defending our liberties.
Note: I changed the name to my own to keep my contact anonymous :)
Brian Kelly recently received a Notice of Proposed Assessment. I'm the Administrator of Brian Kelly and hereby protest this proposed assessment. There is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen.
Brian Kelly is entitled to carry on his private business in his own way. Brian Kelly's power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him.
Brian Kelly owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property.
Brian Kelly's rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution.
Among Brian Kelly's rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights. The IRS was a privately owned corporation that is now a foreclosed entity that never was a part of congress or the government.
God created men as executor & beneficiaries over the land, and no entity stands in between man and God. You must provide the following if he is even going to consider payment, let alone assume you have the authority over him.
1. Provide material evidence demonstrating that Brian Kelly created, incurred, agreed or consented to the alleged liability.
2. Provide sworn, verified declaration and identification of law that also verifies that the IRS is not a foreclosed entity (according to UCC Doc # [url=tel:2012127914]2012127914[/url] Nov 28 2012, WA DC UCC Doc# [url=tel:2012114776]2012114776[/url] Oct 24 2012, DECLARATION AND ORDER: UCC Doc # [url=tel:2012096074]2012096074[/url], masquerading as a government entity with a higher authority than the Creator.
3. Provide for me where it states that the IRS, which is not congress, can tax wages and compensation for personal services, instead of just the gain or profit derived indirectly from them.
4. Provide me the statute that makes him viable to pay taxes.
5. Provide evidence that disputes the fact that paying taxes is VOLUNTARY for a non-government employee. I have not seen any facts or been provided any evidence or claims that Brian Kelly is a public officer, employee, or elected official to any alleged government agency. Please provide any such evidence exists. A suggestion would be to produce the payroll records that Brian Kelly was performing the service or acting as a government employee to perform a function of government. I have enclosed Brian Kelly's Oath and Bond of Protector to the ONE PEOPLE which is renewed every eighty days.
6. Provide Material evidence that not one penny of the taxes, previously paid to the IRS, has not been spent on the murder of innocent men, women and children in Syria, Iraq, or anywhere else in the world.
7. Provide Material evidence demonstrating that The INTERNAL REVENUE SERVICE (IRS) has the legal right to demand payment for the taxable income for Brian Kelly for the tax years 2011-2013 including interest and penalty charges.
8. Provide Material evidence that Brian Kelly agreed or consented to the estimation by The INTERNAL REVENUE SERVICE (IRS) of the alleged “amount he owes on this account.”
Should any individual pursue any actions on behalf of a foreclosed Bank or “Government”, causing another individual any damage as herein described, they in their individual and unlimited capacity are absolutely liable. Please note invoice enclosed.
Administrator of Brian Kelly
1914: Weeks v. U.S., 232 U.S. 383. Established that illegally
obtained evidence may not be used by the court or admitted into
evidence. This case is very useful in refuting the use by the IRS of
income tax returns that were submitted involuntarily (note that these
returns must say "submitted under compulsion in violation of 5th
Amendment rights" or some such thing at the bottom.
1916: Brushaber vs. Union Pacific Railroad, 240 U.S. 1. Established
that the 16th Amendment had no affect on the constitution, and that
income taxes could only be sustained as excise taxes and not as direct
"...the proposition and the contentions under [the 16th
Amendment]...would cause one provision of the Constitution to destroy
another; That is, they would result in bringing the provisions of the
Amendment exempting a direct tax from apportionment into
irreconcilable conflict with the general requirement that all direct
taxes be apportioned;
This result, instead of simplifying the situation and making clear the
limitations of the taxing power, which obviously the Amendment must
have intended to accomplish, would create radical and destructive
changes in our constitutional system and multiply confusion.
Moreover in addition the Conclusion reached in the Pollock Case did
not in any degree involve holding that income taxes generically and
necessarily came within the class of direct taxes on property, but on
the contrary recognized the fact that taxation on income was in its
nature an excise entitled to be enforced as such unless and until it
was concluded that to enforce it would amount to accomplishing the
result which the requirement as to apportionment of direct taxation
was adopted to prevent, in which case the duty would arise to
disregard form and consider substance alone and hence subject the tax
to the regulation as to apportionment which otherwise as an excise
would not apply to it.
....the Amendment demonstrates that no such purpose was intended and
on the contrary shows that it was drawn with the object of maintaining
the limitations of the Constitution and harmonizing their operation."
....the [16th] Amendment contains nothing repudiating or challenging
the ruling in the Pollock Case that the word direct had a broader
significance since it embraced also taxes levied directly on personal
property because of its ownership, and therefore the Amendment at
least impliedly makes such wider significance a part of the
Constitution -- a condition which clearly demonstrates that the
purpose was not to change the existing interpretation except to the
extent necessary to accomplish the result intended, that is, the
prevention of the resort to the sources from which a taxed income was
derived in order to cause a direct tax on the income to be a direct
tax on the source itself and thereby to take an income tax out of the
class of excises, duties and imposts and place it in the class of
Indeed in the light of the history which we have given and of the
decision in the Pollock Case and the ground upon which the ruling in
that case was based, there is no escape from the Conclusion that the
Amendment was drawn for the purpose of doing away for the future with
the principle upon which the Pollock Case was decided, that is, of
determining whether a tax on income was direct not by a consideration
of the burden placed on the taxed income upon which it directly
operated, but by taking into view the burden which resulted on the
property from which the income was derived, since in express terms the
Amendment provides that income taxes, from whatever source the income
may be derived, shall not be subject to the regulation of apportionment.
1922: Bailey v. Drexel Furniture Co., 259 U.S. 20.
Prohibited Congress from legislating or controlling benefits that
employers provide to their employees. A major blow against socialism
in America! "Out of a proper respect for the acts of a co-ordinate
branch of the government, this court has gone far to sustain taxing
acts as such, even though there has been ground for suspecting, from
the weight of the tax, it was intended to destroy its subject. But in
the act before [259 U.S. 20, 38] us the presumption of validity
cannot prevail, because the proof of the contrary is found on the very
face of its provisions. Grant the validity of this law, and all that
Congress would need to do, hereafter, in seeking to take over to its
control any one of the great number of subjects of public interest,
jurisdiction of which the states have never parted with, and which are
reserved to them by the Tenth Amendment, would be to enact a detailed
measure of complete regulation of the subject and enforce it by a
socalled tax upon departures from it. To give such magic to the word
'tax' would be to break down all constitutional limitation of the
powers of Congress and completely wipe out the sovereignty of the
1930: Lucas v. Earl, 281 U.S. 111.
The Supreme Court ruled that wages and compensation for personal
services were not to be taxed in their entirety, but instead, the gain
or profit derived indirectly from them.
1938: Hassett v. Welch, 303 U.S. 303.
Ruled that disputes over uncertainties in the tax code should be
resolved in favor of the taxpayer. "In view of other settled rules of
statutory construction, which teach that... if doubt exists as to the
construction of a taxing statute, the doubt should be resolved in
favor of the taxpayer..."
1959: Flora v. United, 362 US 145.
Ruled that our tax system is based on voluntary assessment and
payment, not on force or coercion. "Our system of taxation is based
upon voluntary assessment and payment, not upon distraint."
1970: Brady v. U.S., 397 U.S. 742 at 748.
Supreme Court ruled that: "Waivers of Constitutional Rights not only
must be voluntary, they must be knowingly intelligent acts, done with
sufficient awareness of the relevant circumstances and consequences."