THE TRUTH ABOUT THE INCOME TAX
by Peter Hendrickson
March 6, 2014
"It is difficult to get a man to understand something when his salary depends on him not understanding it."
- Upton Sinclair
THE TRUTH ABOUT THE INCOME TAX revealed in 'Cracking the Code- The Fascinating Truth About Taxation In America' (CtC) is NOT a matter of opinion, interpretation, speculation or fancy.
CtC presents a simple syllogistic progression based entirely on easily-verified, indisputable facts.
The facts involved in CtC's framework can be called "legal facts" perhaps, since they pertain to legal proceedings, relations and claims of various kinds. But this does not mean that any of these facts are matters of some legal interpretation. Instead, these core facts are simple, concrete realities entirely unreachable by judicial construction, opinion or interpretation.
Because the core realities upon which CtC is founded are the bedrock that they are, any and all efforts to deny the book's revelations end up being exercises in misrepresentation, distortion and dissembling, as well as graduate-level examples of how to take material out of context either in a deliberate effort to deceive or out of a simple failure to understand that context.
CtC's revelations are not disputed in these exercises-- they are creatively evaded, often by world-class twisters holding office precisely because of their skills at deception and evasion. This is true whether the denial effort is that of a judge, an attorney or an anonymous troll on a website.
All such efforts, though, however creative and however shamelessly mendacious, founder on the rock-hard core facts.
HERE ARE SOME OF THOSE FACTS (and please follow the links provided to see the proofs):
Fact: The United States Constitution prohibits capitations and other direct taxes, except when laid according to the rule of apportionment.
Fact: The Sixteenth Amendment does not repeal or modify these constitutional provisions-- it does not mention either of them at all, nor makes any claim to cause any such repeal or modification. Further, the US Supreme Court has said repeatedly that the amendment has no such effect.
Fact: "Capitations and other direct taxes" are taxes "raised on the capital or revenue of the people", with "capitations" in particular being taxes laid on: "all that comes in"; "every different species of revenue"; "the fortune or revenue of each contributor"; "the [common-meaning] wages of labour"; "what is supposed to be one's fortune [per] an assessment which varies from year to year"; or "[an assessed percentage] of [one's] supposed [commonly-defined] income".
Fact: The "income tax" is not laid according to the rule of apportionment.
Inescapable consequence of the indisputable facts above: What is [lawfully] taxed under the unapportioned "income tax" does not and cannot reach "the capital or revenue of the people"; "all that comes in"; "every different species of revenue"; "the fortune or revenue of each contributor"; "the [common-meaning] wages of labour"; "what is supposed to be one's fortune [per] an assessment which varies from year to year"; or "[an assessed percentage] of [one's] supposed [commonly-defined] income".
Instead, the unapportioned "income tax" necessarily can involve only a subclass of revenue distinguished from "the capital or revenue of the people" and "every species of revenue" by a definite, specialized and limiting characteristic. Further, it cannot be on anything which makes the tax EFFECTIVELY reach undistinguished revenue.
WHAT'S MORE -
Fact: The "income tax" is a federal excise.
Fact: The subject of the "income tax" excise cannot be-- de jure or de facto-- the unprivileged, common generation, receipt, possession or transmission of capital or revenue. Were it so laid, the tax would be a capitation and would require apportionment, and be unlawful if, and to the degree it had been, administered otherwise.
Fact: Excise-subjects involve the exercise of privilege.
Fact: Everything specifically described in the tax law as subject to the tax is distinguished from the broad class of all similar things by being involved with the exercise of a federal privilege.
Inescapable consequence of the indisputable facts above: Federal excises are taxes on the gainful exercise of a privilege granted by the federal government (which has, by virtue of its contribution to the gains through the granting of the privilege, a legitimate claim to a piece of the action).
NOTE: The cognitive failure suffered by most folks who have difficulty grasping the true nature of the tax is to mistakenly imagine that the term "income" appearing in tax law and in judicial consideration of the tax must have the "unspecialized, all revenue that comes in" meaning of the commonly-used word (and to therefore struggle to harmonize with this meaning all else found in the law, such as by imagining to see "also" in places where it doesn't actually appear).
The reality is that in the context of the tax, "income" (and related terms and provisions) have-- and can have-- only the limited, nuanced meanings by which the tax is able to conform to the foregoing immutable facts.
The following little syllogism illustrates this:
· A tax that reaches unspecialized revenue is a capitation.
· If the income tax reached unspecialized revenue, the tax would be a capitation and would have to be apportioned.
· The tax is not apportioned (and is an excise).
· Therefore the income tax CANNOT lawfully reach unspecialized revenue, and MUST reach only specialized revenue (and only in a fashion suited to an excise).
It is with those conformant meanings and requirements in mind that the rest of the law must be considered and construed. Unsurprisingly, once this cognitive glitch is overcome, every single thing about the tax becomes startlingly clear and rational; more, with "income" construed as the core facts require, everything about the tax harmonizes fully with our founding principles, as well.
I'M TOLD THAT A FEDERAL TAX COURT JUDGE issued a "memorandum" just last week in which he spends 31 pages attacking me and railing against CtC! I'm just guessing, but I'll bet that's about 5 times as much writing as the average entire judicial output in the disposition of a case.
We can all be heartened by this extraordinary effort. Like others of its kind, this sweaty exercise is indicative of just how profoundly dangerous to its "ignorance-tax" gravy-train the state recognizes CtC to be-- because of how right the state actually recognizes CtC to be (as is proven for the [a X 10,000th] time by this week's Real American Heroes honored further down this page). Eventually, even the sleeping media is going to wake up and start reading between these lines.
Interestingly, CtC wasn't even in evidence in the case in which this remarkable judicial agitation displays itself. The verbose judge apparently just decided to use his ruling in the case as an occasion to make a name for himself within his little special-interest world, like a 17th Century priest including a screed against Copernicus in his Sunday sermon.
I probably don't need to mention where this guy's salary comes from...
"First, they ignore you, then they laugh at you, then they fight you, then you win."
“All truth passes through three stages. First, it is ridiculed, second it is violently opposed, and third, it is accepted as self-evident.”
Care to post a comment on this article?
If You Have, Aren't You Really, Really Glad YOU'VE Taken Control Of How Much Of YOUR Money Washington Gets To Spend, Just As The Founders Intended?
If You Haven't, ARE YOU CRAZY??!!
Seriously! WHAT THE HELL IS WRONG WITH YOU??
LEARN the liberating, empowering, critically-important truth about the 16th Amendment and the liberating, empowering, critically-important truth about the "income" tax. STOP merely reading (or writing) about how bad things are and START DOING SOMETHING ABOUT IT!
“Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.”
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Posted by John MacHaffie at 1:35 PM 0 comments