Clearing up the confusion: Is the income tax voluntary?

August 24, 2013 in Columnists by RBN Staff

By Adele Weiss
Republic Broadcasting Network

In light of recent scrutiny of the Internal Revenue Service abuses of power, several government employees have been summoned to speak in front of Congress.

One employee in particular, former Acting IRS Commissioner Steven Miller, testified (http://www.youtube.com/watch?v=I_aQbr6d_Js) before the House Ways & Means Committee in May. There were several statements from Steven Miller and Rep. Xavier Becerra that the US Federal Income tax is voluntary without reference to how that occurs or why the federal income tax is voluntary in the first place.

This has prompted much confusion among the American People, since most are under the impression that the annual process of filing a return and making payment to the government, sometimes as much as 35% of a person’s wages, is mandatory.

“It [the federal income tax] is a voluntary system of payment of our taxes,” Rep. Becerra commented, to which, Miller replied, “Agreed.”

Miller, who was “ousted” by President Barack Obama in the wake of revelations that the IRS has been targeting individuals linked to the Patriot Movement, was only the acting commissioner after the resignation of Douglas Shulman. Miller was set to leave his IRS office anyway, so Obama’s firing was only a symbolic gesture to express his displeasure with the IRS incident.

Nevertheless, Miller’s testimony has raised many eyebrows amongst the hard-working Americans who have been hoodwinked over 9 decades of disinformation about exactly what is required of them and what is optional [or voluntary].

Miller’s remarks mirror the sworn testimony of Dwight E. Avis before the same committee back in 1953. Avis was the head of the combined ATF and IRS at that time before the Congress split the two separate organizational structures.

The ATF is an agency of the National Government and the IRS is a bureau of the Department of the Treasury. According to former Secretary of the Treasury Robert Rubin, as published in the Federal Register, the IRS is devoid of any armed enforcement authority yet there are those within the IRS who carry guns.

Avis’ testimony back in February, 1953, provided the following comments. “Let me point this out now. Your income tax is 100 percent voluntary and your liquor tax is 100 percent enforced tax.”

Now, the American people are beginning to ask: “How could this be? I was under the impression that the income tax was mandatory. Don’t they imprison you if you don’t comply?”

Though it may seem confusing at first, the correct answer is: The federal income tax is voluntary, and if you volunteer, it is mandatory. Those Americans who voluntarily choose to work for the National Government as a career choice find that the federal income tax is mandatory due to the Legislative Intent of the 16th Amendment.

Those Americans who were born in one of the 50 states of the Union, to parents of which at least one of them was born in one of the 50 states, or those who were naturalized, must realize that the federal income tax for them is completely voluntary.

The truth has been obfuscated for many years by a government who is not only trying to protect its stream of revenue, but indeed growing an empire via military action with bases in over 120 countries.

The true nature of the federal income tax resides in the ambiguity of the over 10,000 pages of the Internal Revenue Code produced mainly by lawyers educated at Harvard and Yale. Their job has been to create an end-run around the Constitution and devise a method to create the illusion of a mandatory obligation for Americans to file and pay the income tax out of their wages earned each year.

Politicians and lawyers are acutely skilled at the art of semantic word-play. They have brilliantly advanced the government’s desire for money from Americans over many decades. However, the magic act is now being exposed.

These lawyers have skillfully confused the American people by creating unique definitions of the same terms that most Americans use in everyday conversation. We all know what ordinary people mean when they reference the term “United States.” But when the IRS uses this term, it means something entirely different.

Using Congressional terminology and definitions, the term “United States” routinely used in the Internal Revenue Code means only the District of Columbia, the U.S. Territories and the government’s insular possessions. It does not mean the 50 states of the Union comprising the Constitutional Republic. This is an easily discernable fact when you look at section 7408(d) (http://www.law.cornell.edu/uscode/text/26/7408) of the Internal Revenue Code.

Similarly, they have created different definitions for terms like: Person, individual, trade or business, and state. Understanding their terms is vital to see how the semantic game of words has evolved to entrap Americans.

Americans are impressed to file a federal income tax return when they first start their employment years. Their act of filing the first Form 1040 U.S. Individual Income Tax Return is considered as a voluntary act by the National Government. The government states that Americans, who they refer to as Nonresident Alien Individuals, may elect to have their income taxed like that of a U.S. Resident Alien under IRC section 6013(g) or (h).

Of course all this was created quietly so that the American People could “volunteer” to pay the federal income tax when there is no legislative regulation published in the Federal Register mandating such a requirement. Michael L. White, federal attorney in the Office of the Federal Register stated back in 1994 that “The IRS has not incorporated by reference in the Federal Register a requirement to make an income tax return.” His statement was addressing Americans who do not work for the National Government.

Thus an “entrance door” to the world of the federal income tax was voluntarily created by these huckster lawyers to entrap Americans and “legally take their money.” However, to not violate the Thirteenth Amendment, they devised an “Exit Door” in a section of the Internal Revenue Code at 6013(g)(4)(A) a method to end the “voluntary” election they created.

So, very simply yet crafty, they made the Federal Income Tax a voluntary act on the part of Americans who chose to “make an election” by filing their first Form 1040. The process continues on each year until the American dies or they find out how to terminate that election.

Only through a series of administrative procedures can Americans protect that which is rightfully theirs and eliminate the federal income tax from their life on a permanent basis. As long as Americans remain within the voluntary structure of the Federal Income Tax, they are the property of the National Government, and the Constitution affords no legal protections for those who are subject to the jurisdiction of the National Government.

There are laws that do exist permitting Americans to legally exit the “U.S. Tax Club.” Americans have to find those laws, make them part of who they are, and then prepare their future with the retention of the funds that they were previously gifting away to the National Government.

The saddest part of all this is that the National Government has debased the U.S. currency via the Federal Reserve System, causing the U.S. Dollar to lose over 90% of its original purchasing power and Americans were duped into volunteering a large portion of their earnings for a tax they never owed.