January 15, 2014
DISCLAIMER: We make no warranties, express or implied, that the information presented in this article is accurate in all respects. Much of it comes from anecdotal accounts by individuals who have contacted us in response to our previous articles about the IRS. As they are personal accounts, there is no way we can adequately corroborate their stories. It is the sole responsibility of the reader or taxpayer to verify the information for his or her own particular situation. The material provided is for information purposes only and there is no attempt by the author to provide legal or accounting advice to anyone whatsoever. Under no circumstances are we advocating that any American break the law.
ANOTHER IRS HORROR STORY: "On March 4, 1976, Clyde H. Allisan and Ralph W. Foster, two IRS agents, paid Smiley a "friendly visit" in the truck-camper he used as a business office in Salem, Virginia. Ten minutes later Robert Smiley was dead from a bullet wound in the head. The IRS men had departed. Behind Smiley's corpse there was a bullet mark in the wall - but the bullet was never found. At the other end of the camper a gun with no fingerprints was found. $2,000, which Smiley had in his pockets, was gone. Local police reported the death as a suicide. No autopsy was performed. The IRS agents were neither interviewed nor interrogated. No hearing was held. The only IRS official permitted to discuss the matter said that he knew nothing about the incident. Smiley's close friends declared that the suicide theory was contrary to the known facts and at variance with Smiley's jovial and good-natured character. A week later five IRS agents seized all the vehicles comprising Smiley's business inventory and sold them. The Treasury Department refused to answer any questions on the matter. They also refused that IRS agents Allisan and Foster, who were with Smiley when he died, be interviewed. Meanwhile, IRS agents continued to harass Smiley's broken-hearted, destitute, ill widow to the point that she attempted suicide on October 23, 1976." Martin A. Larson from his book "Tax Revolt: The Battle for the Constitution"
To which he devoted countless hours and research in exposing the IRS, US Representative George Hansen (Idaho) wrote this in 1980:
"The story of the Internal Revenue Service is a history of a tax collection agency drunk with power, ruthlessly smashing dissent among its own personnel and brazenly roughing up taxpayers at will. The IRS defies and intimidates its Congressional creators to go virtually unchallenged in its blatant illegal exercise of awesome powers against the American public. The violations of the rights of American people today by their own government are ironically parallel to the injustices suffered by the Colonists in the years preceding the Revolutionary War. The Declaration of Independence states that the British King 'has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat [out] their substance.'"
The above horror story is testament to that admonition. Did IRS agents kill Robert Smiley? The IRS isn't talking. Congressman Hansen, a Republican, had his own troubles with the IRS and was audited multiple times for speaking out against them, including being suddenly audited when he ran against an incumbent Democrat for Idaho Senator ..... twice. He ended up in jail on unrelated charges that were later dismissed on appeal. The question is were the unrelated charges actually unrelated, or were they retribution for challenging the IRS?
This is the 2nd in a series of three articles we are publishing on the IRS. Since we started this crusade through our articles and confronting the IRS personally, we have heard from many Americans who have relayed their negative experiences with the IRS. Bear in mind however, some of these experiences are self-inflicted by relying on false information they gleaned from the Internet, or from some book about the IRS. One man told us he went to jail for 78 months for "failing to file" but was never charged with a crime. How can that be in America? On what grounds did he choose not to file an income tax return?
Nevertheless, some of these stories ring true and through some operation of law or court manipulations, they have managed to escape the clutches of the IRS. Some have boasted that they have not paid taxes for years and now consider themselves beyond the reach of the IRS. How can this be if all Americans earning an income over a certain threshold must pay income taxes under the provisions of the 16th Amendment?
For instance, we received this response to one of our articles:
"The tone and anger in your letter is palpable and warranted; however, also misplaced. If you were to back up to the VERY beginning and see the true tragedy and inform your readership as well as yourself of the original fraud that occurred at the "afterbirth", you will make a more significant impact on the true issue of our slavery/bondage. If you are, and continue to be, the corporate fiction/"capitalized" name as in GEORGE H. SMITH, then you will continue to fight in vain within the matrix i.e.., the UNITED STATES, INC. Once you reclaim the true I AM at your birth, before you received your "death certificate", their dead, straw man legal character (aka birth certificate), then all of their illegal debt and unlawful policies are null and void ab initio ...... That is the REAL horror of our story that must continue to be REDISCOVERED and shared."
Shortly thereafter, we received this response from another individual:
"Why, why, why, do you want to be a "taxpayer" for federal income taxes in the first place? No law of subtitle A makes you liable, so why do you insist on paying taxes to the IRS???? Go ahead and play around with the "Federal Mafia" and you might get incarcerated, unlawfully of course. I believe you will be fighting a losing battle, but that's just my opinion for which I understand, you never asked for. I'm a non-taxpayer and have been since 2000."
The gentlemen, a couple of days later, expanded on his response with this:
"It boils down to this. Either you ascertain (not just believe) that the Constitution is still the highest law of the land, with Article 1 section 2, section 9 at your defense or you do not. This part of the Constitution has not been repealed! I'm not so sure what you have accepted under the 16th amendment, but the US Supreme court has said that it did not repeal the Constitution at Article I. Furthermore, the court defined what is income and what is not income, and that has been settled in that court. Title 26 U.S.C. cannot apply to you or me or anyone else unless you have an association with the Federal "Government. And you can forget about what some nut heads have said that when you obtained a Social Security (SS) number you became a "Federal taxpayer". Nothing of the kind was ever explained to me when I applied for my number, so it had to been done by deceiving me through application. It's really strange that we were not taught in school that when we participated in SS that our money would be taken from the private employer and sent to the Federal Government to be held in a trust fund that would bear no interest. Getting it back only as a single benefit, would be a problem for the government so the government initiated other benefits under SS so as to make you and me think that we are receiving a "Government benefit". They did this by putting all collections in a "general fund". I believe I had previously demonstrated to you that 26 U.S.C. cannot apply to you because of the content of subtitle C. No other subtitle refers to the non-federal citizen being subject to the two taxes as subtitle C subjects on Federal persons. I paid income taxes ignorantly for 43 years, until I learned from Irwin Schiff that I was not liable. I bought a copy of the IRC for $90 and studied it for a decade and it is very plain, it doesn't apply to me no matter how hard the IRS tries to make me think it does. If you are still filing income tax forms, you are telling the Government (falsely) that you are one of them and that you owe income taxes. Trying to tell the Government what your going to do is senseless in my opinion. The Government holds the money bag and besides you have not committed a Federal crime, so why do you want to go to court with them? You will make your choice and it will be yours alone. Best wishes from a non-taxpayer of the federal income tax." (This man is convinced of his position, but is he right? Many have gone to jail trying to prove he is, including Irwin Schiff, but others have won against the IRS and don't pay taxes at all. What if he is right?)
This prevailing theme that the IRS Tax Code does not apply to American citizens not working for the federal government, runs through most of these responses. What do they know that the rest of us don't? Could they be right, lucky, or just plain wrong? If you listen to the IRS, they are dead wrong, but are they?
On a different note, we received this very positive response from a taxpayer who beat the IRS and makes no bones about it:
"I just read your "An Angry Warning" article with great joy. You are to be applauded for your bravery and persistence. You CAN beat these thugs... to wit; My wife and I (pro-se) recently (2011) had a case dismissed (with prejudice!!) that the IRS had prosecuted against us. They started by going after my wife, and ended by calling us "husband and wife"... a glimmer of respect in a federal court battle that took us 5 years to win. (The case should have been dismissed in '06 when it was instituted for "failure to include an indispensable party"... me! Just one of numerous mistakes on their part.) I have attached for your perusal and enjoyment our final pleading in that case (which you will note was recorded first at our county courthouse, then at the federal court). It was 3 years before they responded to that pleading, and it was with a motion to dismiss!! In that 3 year interim, the original DOJ attorney (Cynthia Weissman) who instituted the case, quit. From reading your "Notice of Intent To Sue" you are on the right track. Do not be intimidated and take the offensive with these thugs. I can provide you with more information if you so desire, just let me know. And don't forget, exercise your rights or lose them! Become a "belligerent claimant"!!"
In response to this gentleman's message, we filed a "Declaration of Belligerent Claimant" document with the IRS. We have received no response to our Declaration from the IRS as yet. A copy of a sample Declaration can be found on the Resources page of our Attack Watch Spies website. We have also uploaded to the same page on our website, with his permission, the Pleading this man referenced, under the name "THE CARMAN PLEADING". For those of you facing an IRS Audit, or other personal interaction with an IRS agent, there is a document on the Resources page that might help you.
As you can see, there is a great deal of interest on the part of many Americans about the out-of-control bureaucracy known as the IRS. We have many more stories we could tell from their continued responses. We may share some of those stories in a later article or articles.
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Under the law, do Americans really owe taxes to the Government? Why are some Americans who are required to pay taxes, not filing tax returns and not paying taxes? Why are they getting away with it? Why does the IRS continue to violate the tax law and horribly abuse American citizens? These questions must be answered once and for all in order to clear up the uncertainty in the law and to determine just how much power the IRS has to enforce it, or whether it should be abolished because it has grown too powerful and un-accountable.
Next week our article is entitled: "The Lawsuit That Will Dismantle The IRS", wherein we will address these nagging questions. We will also cover our experiences in filing Freedom of Information Act (FOIA) requests with the IRS and how and where to file them.
© 2014 Ron Ewart — All Rights Reserved
Ron Ewart, a nationally known author and speaker on freedom and property issues and author of his weekly column, "In Defense of Rural America", is the President of the National Association of Rural Landowners, (NARLO) a non-profit corporation headquartered in Washington State and dedicated to restoring, maintaining and defending property rights for urban and rural landowners. Mr. Ewart can be reached by e-mail.