Interesting View…
By jimrob | July 26, 2007
WorldNetDaily: IRS loses challenge to prove tax liability
Although the legal citations in the case tend to run the length of paragraphs, Cryer told WND the underlying issue is not that complicated. Essentially, he argued that income is not necessarily any money that comes to a person, but rather categories such as profit and interest.
He said the free exchange of labor for compensation has been upheld as a right by the Supreme Court, but that doesn’t necessarily make the compensation income.
If ever such an argument were to be presented widely, Cryer said, the income to the federal government would plummet. But not to worry, he said, the expenses could be reduced equally by eliminating programs, departments and agencies that also have no foundation in the Constitution.
“The Founding Fathers intentionally restricted the taxing powers of the new federal government as a measure of restraint on its size. By exceeding that limited taxing authority the federal government has been able to obtain resources beyond its intended reach, and that money has enabled the federal government to exceed its authority,” he said.
For example, he said, the Constitution does not empower the federal government to regulate education, or employment, and agriculture, yet it does so.
The jury in U.S. District Court in Louisiana voted 12-0 to find Cryer, of Shreveport, not guilty of failure to file income taxes for two years. He had been indicted in 2006 on charges of failing to pay $73,000 to the IRS in 2000 and 2001. The next step in his personal case will be up to the IRS and prosecutors, if they choose to continue the issue, he said.
But for the rest of the nation, he’s working with Save-a-Patriot, the Free Enterprise Society, Live Free Now and his own Lie Free Zone to spread the message of the truth.
“There are three points that are important,” he told WND. “There’s no law making the average working man liable [for income taxes], there’s no law or regulation that allows the IRS to contend that earnings are 100 percent profit received in exchange for nothing, and the right to earn a living through any lawful occupation is a constitutionally protected fundamental right, and it is exempt from taxation.”
Spokesman Robert Marvin in Washington’s IRS office told WND the Internal Revenue Code provides for taxation on salaries or wages, but when pressed for a specific citation, or constitutional provision, he said, “I can’t comment.”
Cryer’s encounter with tax law began more than a decade ago when a friend told him the income tax was sham. Cryer started researching, hoping to keep his friend out of trouble. But his conclusions, after years of research, were exactly what his friend told him.
He researched not only tax laws, but also the documents pertaining to the drafting of the U.S. Constitution as well as the first income tax.
He said throughout his battle, he’s offered at every turn to pay taxes if the IRS could show him the authorization, and that never has happened.
“The Criminal Investigation Division and Department of Justice both responded only with ‘your position is frivolous.’ I had never stated a position, so how could they know whether it was frivolous?” he said. “Imagine my sending you a bill for $1,000 and when you call me and ask what the bill was for I simply said, ‘that position is frivolous, just write the check and send it in.’”
His acquittal, he said, was a precedent because it means “people can see and recognize the truth.”
He said multiple Supreme Court opinions have affirmed an individual’s ownership of his or her own labor, and “exercising your fundamental rights” is not taxable. “It is definitely a trade. What most people receive in the form of wages, salaries or in my case fees that they personally earned for their labor is not received in exchange for nothing.”
He said there might be a profit that should be taxable, but there might not.
“The IRS lets Wal-Mart sell a trillion dollars worth of goods, but they can back out their cost of goods [before being taxed,]” he said. “The IRS considers, in the case of a Wal-Mart wage earner, 100 percent of what he takes in is profit.”
I’m sure this will be overturned at a higher rank by some judge beholden to the powers-that-be in our government. However, it is very encouraging to see a jury side against the government for a change (I guess the government’s attorney didn’t do a good enough job hand-picking the jurors).
It’s a very interesting argument, especially the Wal-Mart analogy. Businesses only pay taxes on the profit they make selling goods, not the total sale price. If you look at our lives as in this way, not just our jobs, the money we make is not 100% profit. Once you factor in bills and living expenses, some fail to profit at all.
Topics: It's Their Paper |
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