|
|
DOES IT MATTER? The Fourth Amendment says US citizens are “secure in their persons, houses, papers and effects...” Congress, thus, could not write a law demanding that you reveal your earnings on a 1040 form. It doesn't matter. Instead, Congress passed a law in 1943 forcing all employers to send some of your pay to the IRS as an advance payment for what you “owe” on April 15. You have no choice, but It doesn't matter. Any judge will tell you the IRS has the right to view your books, whether there is probable cause or not to suspect you of criminal conduct. Our papers, houses – our persons – are open to the Federal Government with or without due process. It doesn't matter. The Fifth Amendment says US citizens shall not “be compelled in any criminal case to be a witness against himself...” but any judge will find that the IRS has the right to force us to sign “under penalty of perjury” a 1040 that no fair minded person can be certain is accurate. It doesn't matter. The Federal case MCKEE v. COMMISSIONER OF INTERNAL REVENUE Service, (Unpublished 2007) 9th Cir. found the IRS pleading that its own rules are too complex to understand, so that the errors of an IRS agent should not be reason for the IRS to be forced to pay a taxpayer's attorney fees. In this case the taxpayer was assessed wrongly by the IRS in an audit. The IRS admitted its mistake, but the IRS refused to obey its own rules that required it to pay the taxpayer's attorney fees. The IRS told the court its admitted error was justified because IRS regulations are so complex that its agent could not be required to obey them. The court took the taxpayer's view, forcing the IRS to pay the attorney fees. So, the IRS is on record admitting its rules are too complicated to understand. It doesn't matter. You can try to cite the above case in justifying a mistake you made on your tax filing, and you can be correct in your reasonging. It doesn't matter. The court wrote the decision in a way that it cannot be used as a precedent, so It doesn't matter. The United States Supreme Court in Connally v General Construction Co., 269 US 385, 391 (1926) declared a statute is void for vagueness when: 1) it is unclear what persons fall within its scope, 2) what conduct is forbidden, and/or 3) what punishment may be imposed. So no law that cannot be understood has standing. Nevertheless, no court will agree with the Internal Revenue Service that 26USC is vague or “too complicated.” It doesn't matter. The law is impossible to understand. It doesn't matter. Law is ignored by the courts and It doesn't matter. Why? Because we live under Public Policy, not law. That's what matters. But don't let determination keep you from giving up!
-- Richard Palmquist
Send email to frontoffice@truthradio.info with questions or comments about this subject. |
