09. Short History of the Income Tax | Social Security & Taxation | Sovereign’s Handbook

By Johnny Liberty

The Federal Reserve Bank (FRB) requires “withholding” from employee’s income as an economic mechanism to mitigate the damage from spiraling inflation, while concealing currency devaluation. In addition “withholding” keeps your hard-earned Federal Reserve Notes (FRNs) out of circulation so you cannot spend them as disposable income. The contemporary “income tax” system, as bizarre as it is, is an essential component of the Western debt-based central banking system.

By keeping Federal Reserve Notes (FRNs) out of circulation through “withholding”, economic controls are more effective. By maintaining employee net income as near to subsistence as possible, the Citizen is effectively prevented from engaging in meaningful political activity to threaten the global elite’s monopoly over the political, economic and legal systems. 

First Income Tax for Federal Employees

During the American Civil War, the first version of an “income tax” was implemented for federal U.S. government employees only, and once again after the corporate income tax was repealed. The U.S. Congress have been taxing the incomes of federal U.S. government employees since 1861. 

Second Income Tax for Corporations

The second version on the income tax was a corporate tax introduced concurrently with the Federal Reserve Act of 1913 to off-set the debt incurred by the federal U.S. government corporation to the Federal Reserve Bank (FRB). This was yet another attempt to impose a direct tax on wages.

The U.S. Congress authorized a “voluntary” income tax in 1913 for corporate “persons”, under the very popular guise of “soaking the rich for the sake of the poor”. The income tax for corporations was promulgated simultaneously with the alleged ratification of the 16th Amendment. It was repealed by the Internal Revenue Act (Nov. 23, 1921). 

At this juncture, a surtax on individuals was implemented to offset the corporate income tax. These taxes, which became known as income taxes via the Public Salary Tax Act of 1939, were issued against the government returns for public officials. 

Income Tax Goes Directly to the Federal Reserve Bank (FRB)

Before online banking and electronic fund transfers, we wrote paper checks to pay bills and our “income taxes”. If you noticed the stamp on the back of your cashed check from the IRS, you would have noticed that your check payment was endorsed by the Federal Reserve Bank (FRB), not the U.S. Treasury or the IRS. 

As we stated previously, the Grace Commission Report on Government Waste (1984) concluded that not one dime of your hard-earned tax money goes to pay for government services. All “income tax” payments service the interest only on the federal/national “debt (Ø)”.

All “income tax” collected goes to service an un-payable federal/national “debt (Ø)”, and is the greatest fraud ever perpetrated upon the We the People. 

Since we have already asserted that the International Monetary Fund (IMF) via the Federal Reserve Bank (FRB) is a primary principal/creditor of the federal U.S. government corporation, any “income tax” received would be directly routed to the principal-creditor – just like any other bankrupt entity. This is additional prima facie evidence of the bankruptcy of the federal U.S. government corporation.

“The greatest challenge our tax system faces in the 1990s is to ease the burden on taxpayers. Once people conclude that it is too difficult, too time consuming, too expensive to comply, many will stop complying.”
~ Fred Goldberg, IRS Commissioner

Apportionment as Rule of Law

The IRS has no lawful or delegated authority to assess and collect income taxes. The original U.S. Constitution strictly forbade the federal U.S. government from imposing any “direct” tax upon individuals. 

The U.S. Congress could, however apportion direct taxes to a state, but not to the individuals within the state. A capitation means a “head tax”, “poll tax”, “per capita tax” or direct “income tax”, and is not permitted, unless equally apportioned to each state. This is the apportionment rule of law.

“No capitation, or other direct tax shall be laid, unless in proportion to the census
or enumeration herein before directed to be taken.”
~ U.S. Constitution [1:9:4]

“Representatives and direct taxes shall be
apportioned among the several States
which may be included within the Union
to their respective members…”
~ U.S. Constitution [1:2:3]

These original sections of the U.S. Constitution have never been repealed or lawfully amended, and the 16th Amendment, as passed, is invalid. The U.S. Constitution still today  forbids direct taxation of individuals. 

“Any direct tax that is not apportioned is unlawful.”
~ Commissioner v. Obear-Nester, 349 U.S.948 (1954)

Our Founders intentionally limited the taxing powers of the federal U.S. government so as to keep it small. “[the federal government] has no authority to raise either [men or money] by regulations extending to the individual [state] Citizens of America.” 

Apportionment can be a protective shield against direct taxation for all sovereign “state” Citizens providing you are “domiciled” in one of the 48 sovereign states, and not a resident (or franchisee) of the federal United States.

16th Amendment Created No New Taxing Powers

The Internal Re-Venue Service (IRS) claims the 16th Amendment gives them the constitutional authority to impose and collect direct taxes, despite the fact that the U.S. Supreme Court ruled the 16th Amendment created no new power of taxation, thus, did not amend or change the constitutional limitations forbidding direct taxation on individuals. 

Additionally, as can be shown, the 16th Amendment (1913) was never lawfully ratified by the sovereign “states” of the Union. 

16th Amendment Improperly Ratified

According to The Law That Never Was, authors Red Beckman and Bill Benson traveled to all the State Capitols to obtain certified copies of the official voting records of the thirty-six states that allegedly ratified the 16th Amendment. 

By careful accounting, thirty-two states had committed grievous departures from acceptable procedure during the ratification process. In the official canvas of the first nineteen (19) Amendments of the U.S. Constitution, the U.S. President’s signature is glaringly missing from the 16th Amendment. This is another story in a long history of frauds perpetrated upon We the People.

The real purpose for the 16th Amendment was to create a smoke screen, making it appear that constitutional restrictions on direct taxing had been abolished. But once the smoke had cleared, the Citizens would soon forget and the income tax would further encroach upon the assets and rights of the people who ever increasingly pay tribute to the Federal Reserve Bank (FRB) and their foreign principals-creditors.

“The Congress shall have the power to lay
and collect taxes on incomes,
from whatever source derived, without 
apportionment among the several states,
and without regard to any
census or enumeration.”
~ 16th Amendment

Third Income Tax For Appointed and Elected Government Officials Engaged in Business

The current Subtitle A tax and Subtitle C Social Security and related taxes have never applied to anyone other than appointed and elected government officials engaged in United States trade or business (defined at IRC §7701(a)(26)). 

Victory Taxes After WWII

The U.S. Congress did not make the income tax “mandatory” until World War II, when a “victory tax” was imposed on “wages” as an “National Emergency” measure to help pay for the war. In contrast, both before and after World War II, “wages” were not subject to federal income taxes. 

The U.S. Congress morphed the “victory tax” into the modern version of the “income tax” a few years after WWII to finance the Cold War debt, the rising military-industrial complex, and foreign-aid corporate programs to other developing countries. 

No Direct Tax, Wages Are Not Income

Because many of the “citizens of the United States” weren’t paying attention after World War II, as many are today, We the People did not realize that the federal U.S. government could not constitutionally impose any direct “income tax” on their wages or property. They assumed that “wages” were income; thus, they volunteered to be taxed. Once again, Citizens swallowed a fraud and a hoax, and were left confused and holding the bag.

Several federal courts have ruled that states are prohibited from imposing an indirect tax upon an unalienable right (no sales tax on food items). Your right to work is an unalienable right and many states have right to work laws whereby the government cannot license or tax your right to work in the profession of your choice. 

According to the Internal Revenue Code (IRC), “wages” are not taxable because they are not defined as “income”

What is Taxable Income or Gain?

A lawful tax liability is created from an increase or gain in the value of property, not from gross income, providing you are a person required to file and report. 

Where income from private enterprise is defined as property, it is generally exempt from direct tax under fundamental law. “Wages”, salary and other returns from public service are deemed to be privileged, commercial enterprises due to government-granted benefits, thus, are considered to be taxable. In other words, the “income tax” is nothing more than an excise tax levied against privileges and benefits derived from federal government service.  

Income is Defined in the IRC in the Same Light as a Schedule C, Standard Business Calculation

David Myrland’s Our Uncle, Our Problem demonstrates that IRC § 7701(e) (contract for lease of property) relative to IRC §83 calculations (of the fair market value) and IRC §1011, 1012, 1014 (adjusted basis of property transferred) confirms this. 

GROSS INCOME (minus) EXPENSES = INCOME (PROFIT or GAIN)
or INCREASE OF VALUE

In calculating “gross income”, 26 USC §83 applies to all compensation for services.  §1.83-4(b)(2) requires that the cost of compensation for services is to be figured by applying the provisions of §1012 and the regulations hereunder. 

Regarding 26 USC §83 calculations, ask these questions. Where, under §1012, is the exclusion of intangible personal property, such as labor, from property that is to be treated as a cost? 

Which specific provisions exclude my compensation from the provisions of §83? How am I to comply with the provisions and requirements of §83? 

As an independent contractor or employee, does §83 allow the taxation of the fair market value of services, received as a fee or wage?

Labor is Property, Not Taxable Income

If you are selling your labor to an employer, then labor is your property. Your labor is your property, therefore not taxable. If you are exchanging labor for a paycheck, then zero gain = zero tax. This is the same as if you are breaking even, not making a “profit”. 

The same calculation applies for both cash or bartered exchanges. The entire income tax code has nothing to do whatsoever with “wages”, but profit”, “gain” and “increase” in value.

NO INCOME = NO INCOME TAX
NO PROFIT = NO GAIN

As an “employee”, you are not even required to keep books and records. 

“Compensation for labor (wages) cannot be regarded as profit within the meaning of the law. The word ‘profit’ …means the gain made upon any business or investment – a different thing altogether from mere 
compensation for labor (wages).” ~ Oliver v. Halstead, 196 Va. 992 (1955)

“[The IRS] taxes only income ‘derived’ from many different [U.S.] sources; one does not ‘derive income’ by rendering services and charging for them.”
~ Edwards v. Keith, 231 F.110

References:

  1. Wikipedia | Internal Revenue Act of 1921, §213, pp.237 and 238; IRC of 1954, §3401(c), people identified as “employees” amended in 1986].
  2. Cornell Law | United States v. Constantine, 296 U.S. 233, 56 S.Ct. 223, 80 L.Ed 233 (1935).
  3. GovInfo | U.S. Government Manual, p.794, 1995/96 edition.
  4. Wikipedia | Grace Commission Report on Government Waste (1984); Free At Last by N.A. Scott, Ph.D., D.D., pp.2-5; Family Guardian | Confirms the allegation that the income tax revenues go 100% to pay the interest on the national debt and not a single nickel of it goes to the government; Citizens Against Government Waste
  5. Wikipedia | Fred Goldberg, IRS Commissioner.
  6. Wikipedia | U.S. Constitution [1:9:4]; Limits on Federal Power.
  7. Wikipedia | U.S. Constitution [1:2:3]; House of Representatives.
  8. Court Listener | Commissioner v. Obear-Nester, 217 F.2d 56 (7th Cir 1954).
  9. Founders Archives | The Federalist Paper #15 by Alexander Hamilton, Modern Library.
  10. Justia | Brushaber v. Union Pacific Railroad, 240 U.S. 1 (1916).
  11. The Law That Never Was | The Law That Never Was by Red Beckman and Bill Benson; Amazon; Senate Document 240.  Regarding the supposed ownership of the IRS;  Pandora’s Box by Alexander Christopher, p.523 (IRS is owned by R.E. Harrington Insurance Company of England which had its roots in the original Virginia Company that colonized the southern part of the USA) www.archive.org/details/PandorasBoxAlexChristopher1993
  12. Cornell Law | 16th Amendment, U.S. Constitution.
  13. Javelin Press | Goodbye April 15th by Boston T. Party (Javelin Press, Austin, Texas, 1992) (income tax is for public employees).
  14. Congressional Record | Congressional Record for March 27, 1943, p.2580.
  15. Citation Needed | Our Uncle, Our Problem by David Myrland. regarding IRC §7701(e) (contract for lease of property) relative to IRC §83 calculations (of the fair market value) and IRC §§1011, 1012, 1014 (adjusted basis of property transferred).
  16. Ibid.
  17. Javelin Press | Goodbye April 15th by Boston T. Party (Javelin Press, Austin, Texas, 1992) (wages are not taxable as income).
  18. Justia | Oliver v. Halstead, 196 Va. 992 (1955); People ex rel. Thomas B. Needles, Auditor, 90 Ill. 166. “Reasonable compensation for labor or services rendered is not profit.” Laureldale Cemetery Association Matthews, 354 Pa. 239, 47 A.(2d) 277; The word “profit” is defined in Black’s Law Dictionary (3rd ed.) as “The advance in the price of goods sold beyond the cost of purchase. The gain made by the sale of produce or manufactures, after deducting the value of the labor, materials, rents, and all expenses, together with the interest of the capital employed.” There is a clear distinction between “profit” and “wages” or compensation for labor. “Compensation for labor can not be regarded as profit within the meaning of the law. The word ‘profit’, as ordinarily used, means the gain made upon any business or investment — a different thing altogether from mere compensation for labor.”
  19. Case Law Vlex | Edwards v. Keith, 231 F.110 (2nd Cir 1916).

Source: Sovereign’s Handbook by Johnny Liberty (30th Anniversary Edition), Volume 2 of 3, p.85 – 90

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09. Government Without Taxes and Tyranny | Social Security & Taxation | Sovereign’s Handbook

By Johnny Liberty

“Anyone may so arrange his affairs that his taxes shall be as low as possible;
He is not bound to choose that pattern which will best pay the treasury.
There is not even a patriotic duty to increase one’s taxes.

Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands.”
~ U.S. Appellate Justice Learned Hand

When are We the People going to wake up and choose freedom? When will we decide to elect a representative government legislating what is best for all the people, instead of only an elite few? 

How much longer will we work long and hard, then pay a huge share of our day-to-day productivity in taxes to a corrupt government that lies, robs, oppresses and abuses its own people? Can you even imagine a government without income taxes, without tyranny, and without threats to fund its necessarily limited operations?  

Furthermore, we realize that it is for some reason taboo to talk about or question the origin and current legitimacy of the “income tax” and the authority of the Internal Re-Venue Service (IRS) as it applies to sovereign “state” Citizens. Thus, be aware, the following information may be hazardous to your preconceptions! 

Cost of Government

According to the Cost of Government website in 2013 (now defunct), taxpaying “U.S. citizens” worked from January 1 – July 13, just to pay their “fair share” of various “taxes”. Compared to the size of the national economy, the cost of government makes up 53% of annual Gross Domestic Product (GDP). As if four seasons were not enough, there now exists a “tax season”.

Can you imagine giving yourself and your family an annual raise by de-taxing from the federal U.S. government corporation and its political subdivisions, the Internal Re-Venue Service (IRS) and the “tax-and-spend”politicians who are destroying this once great nation by continuously bankrupting us into economic slavery? 

“…Those who wish to stake their claim to sovereignty, to make a personal record, under penalty of perjury under the laws of the united states of America, that they are not ‘taxpayers’ under the IRC and, as to property not emanating from an employment agreement within the U.S. government, declare that they are not ‘transferees’ under the IRC, thereby putting IRS employees on notice that no lawful authority exists to pursue [income taxes].” ~ Frank Kowalik, IRS Humbug

Duty and Moral Responsibility

American Nationals, sovereign “state” Citizens, U.S. citizens and private-sector employers have a duty and a moral obligation to not pay one dime of income taxes more than legally required. 

If you understood how income tax money was spent, solely to pay interest on an un-payable national/federal debt, you might choose to simply refuse to pay “income tax” on the grounds of “social conscience” as many tax protestors have done in the past. 

Settled law from a constitutional and historical perspective, if examined Without Prejudice”, is solidly on the side of the American National or sovereign “state” Citizen with regards to the legality of the “income tax”, despite the perpetuation of this monumental fraud upon the people since its inception in 1913.

No Authority for a Direct Tax

In 1791, under the U.S. Constitution and “Common law” of the land, the federal U.S. government was forbidden to borrow money, or delegate the authority to create money, or impose a direct tax upon the Citizens of the states of the Union. 

Prior to 1913, when the federal U.S. government needed money to finance a war or build a government project, it either had to sell U.S. Savings Bonds directly to the sovereign “state” Citizens, or get approval from the state legislatives to “apportion” a tax to raise the necessary funds. This kept the federal U.S. government accountable to both the people and the state legislatures which resulted in a balanced budget and fewer wars. 

Today, with the advent of the Federal Reserve Bank (FRB), the Internal Re-Venue Service (IRS), and the alleged ratifications of the 16th Amendment and 17th Amendment to the U.S. Constitution, those original checks and balances were eliminated. 

Upon closer examination you might discover, that even these constitutional amendments, legislative acts and court decisions did not lawfully expand federal authority to impose a direct tax.

Income Taxes are Unnecessary

Most of the income taxes we pay are unnecessary to sustain the basic, constitutional functions of the U.S. government. According to the Grace Commission Report on Government Waste (1984), not one dime of your income taxes pays for government services.

U.S. government services are primarily funded through federal excise taxes, imposed upon goods, services, manufacturing, and customs, etc. In fact, we could have quality government services and a balanced budget without an income tax, and without the usury and exploitation inherent in our current tax system. 

We the People do not have to live in a socialist/communist government welfare state in order to be capable of providing for a wide range of necessary human needs while taking care of those who honestly cannot provide for themselves. 

In the past, families either took care of their own, or private charitable trusts were established to take care of the elderly, orphans, the sick and indigent before the government welfare state existed. It is possible to organize society in a more self-reliant, less government-dependent fashion if only We the People have the will to do so.

Building the Capitol with a Lottery

When the “United States” was a fledgling nation, a country in formation, the first U.S. Capitol Building in Washington D.C. was built with money raised from a lottery, not from taxes.

“The original federal United States government had to build a whole new country 
without the ability to tax its citizens. 
They built roads, bridges, canals and schools funded to a great extent by lotteries.
In 1793, President George Washington built
Washington, D.C. by selling 50,000 tickets 
at $7 each. The top prize 
was a hotel worth $50,000.”

Federal / National Debt Proportional to Government Size

Throughout American history we can track the size of the federal U.S. government proportional to the amount of the national/federal debt. It is easy to see that the more debt was incurred, the larger the government became. 

We can understand the inherent motivation for the U.S. Congress to approve the Federal Reserve Act of 1913 and the resulting income tax. The more money the government could borrow, the more power and reach they had over the lives of their Citizens. Thus, politicians have had their fingers in larger and larger shares of the pie for more than one-hundred and ten (110) years.

The federal U.S. government was virtually debt-free with a balanced budget from 1789 to 1860. There was a proportional three-fold increase in the size of both outlays and the government, and five-fold increase in debt between 1861 and 1865 during the American Civil War years. 

The outlays and debt stabilized after the American Civil War, and the national/federal debt was paid off between 1866 and 1915. There was a five-fold increase in size of both outlays and government, and a two-fold increase in debt between 1916 and 1920, the beginning of World War I. 

As is evident, wars were great excuses for an increase in spending, but also an increase in the size of the government. Private and public banking interests were always increasing their profit-margins and expanding their power during wars. This trend continues unabated to the present.

After the undeclared federal U.S. bankruptcy of 1933, larger outlays and debt increased by unprecedented, exponential magnitude through the present day. As you now understand the larger the federal U.S. government, the larger the debt burden for its Citizens. If we wish to reduce the national/federal debt and balance the budget, even if it were possible in a fiat money system, we must shrink both the size and outlays of the government. Any other approach is wishful thinking and foolishness.

Curiously, the amount of federal aid to state governments decreased by 80% from 1970 to 1990. Federal spending on aid to the states increased from $286 billion in fiscal 2000 to an estimated $449 billion in fiscal 2007. This is the third largest item in the federal budget after Social Security and National Defense. The number of different aid programs for the states soared from 463 in 1990, to 653 in 2000, then to 814 by 2006.

The state governments have grown accustomed to funding from federal aid programs. However, by doing so, they limit their state sovereignty and independence. Every federal aid program comes with terms and conditions which the states must abide by to receive the funding.

When government services and federal benefits are cut on the congressional budget floor, both the Citizens and the states are left holding the bag of all federal debt obligations to the central banks.

There are sound money alternatives to continuing large, centralized, big government “borrow and spend” policies that will inevitably bankrupt We the People and bind us with the chains of economic slavery. We the People must liberate ourselves from economic and political tyranny and apply the necessary intelligence to transform the government at all levels.

References:

  1. Wikipedia | U.S. Appellate Court Justice Learned Hand.
  2. FEE | The Hidden Cost of Government; Marotta on Money | How Much Does Government Cost?; Tax Foundation | Taxes: The Price We pay for Government.
  3. Family Guardian | 1918 Gross Income First Defined from IRS Humbug: Weapons of Enslavement by Frank Kowalik; Amazon
  4. Internal Re-Venue Service | The Agency, It’s Mission and Statutory Authority; Library Guides Louisiana Law | Tax Policy and Procedure: Hierarchy of Tax Authorities; Citation Needed | Show Me The Law.
  5. Wikipedia | Grace Commission Report on Government Waste (1984); Free At Last by N.A. Scott, Ph.D., D.D., pp.2-5.
  6. Wikipedia | Washington D.C.; Citizens for Sovereignty (defunct).
  7. Wikipedia | History of Public Debt; World Almanac and Book of Facts, Phanos Books (1992) p. 139, 153  www.worldalmanac.com; Financial Management, US Department of Treasury; Cato Institute | Federal Aid to States.
  8. World Population Review | Federal aid to states in 2022.

Source: Sovereign’s Handbook by Johnny Liberty (30th Anniversary Edition), Volume 2 of 3, p.68 – 71

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