Letters to the Editor
Locking on’ applies to U.S. tax system
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The Community Voice:
Steven Campbell's article about how “locking on” to a belief causes a contrary belief to be “locked out” also applies to how widespread belief can make a legal fiction grease the wheels of government policy. For example, one could reel off the many unconstitutional infringements against our inalienable rights, but those arguments rely on the grey area of “interpretation.”
A simple black and white example of illusory belief trumping reality is the income tax. The IRS booklet plainly states that it is a “system of voluntary compliance.” Somehow, we believe that we must volunteer, or else get a horse’s head in our bed.
It wasn’t always this way. From the beginning of the income tax in 1862 until 1942, merely 8 percent of earners filed tax returns: only federal government employees and contractors. Everyone else realized that they did not earn “gross income,” defined in the Internal Revenue Code as “gains derived from the exercise of federal privilege.”
That is why it is called a federal income tax – an excise on privileged activities which are measured by “gross income” derived.
When, in World War II, the temporary “Victory Tax” was offered to all private earners in the form of a painless, voluntary withholding of 1 percent, few complained. Payers falsely testified in W2s and 1099s that their payees were exercising federal privileges by their labor. This caused the disinterested third party, the federal government, to become an interested second party to the earning transaction. This hearsay “evidence,” when admitted without rebuttal, created a legitimate claim on those funds by the IRS and burdened the earner with a liability. The former non-taxpayer locked on to the belief he is a taxpayer.
Because the law provides relief against claims, an opportunity to rebut the allegation that you exercised federal privilege has always been available. But you will find no mention of this remedy in any law school textbook, news story or even in IRS publications. Thus began the belief that everyone is a taxpayer and all earnings are income.
The 1040 is an application for refund of funds withheld in case a tax liability is proven. If you don’t rebut the false testimony then you are admitting to be a taxpayer and volunteering to pay what is not otherwise owed. The 1099-MISC and form 4852 (substitute for W-2) are your affidavits of testimony rebutting the false testimony of your payer. Your testimony must be accepted as the facts. Case closed.
How to get all of your money back and why (under questioning, you need to know your legal foundation) is found in the book “Cracking the Code, the fascinating truth about taxation in America.”
The income tax law remains unchanged and Constitutional for 152 years. No, the 16th Amendment did not create a new tax; that is part of the belief system as well. The statements above are not my position but are demonstrable facts written (buried) in the Internal Revenue Code.