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Breaking the Chains of Tyranny

 

 

Civics 101, Part IV - For True Patriots

 

As we have observed in the preceding parts of this series, it should be self-evident by now that the Internal Revenue Code, as written by “Word Wizards Engaged in Semantic Sorcery” is the greatest example in this World of mass mind control using semantic sophistry to control the behavior of the population of an entire nation.

To prove this point, let’s go straight to Title 26 United States Code [U.S.C.], prima facie evidence of the separately enacted Internal Revenue Code. Title 26 of the U.S.C. is one of the 50 Titles not yet enacted as positive law by Congress. The actual “Law” is found in “Statutes at Large.”

TITLE 26—INTERNAL REVENUE CODE is comprised of the following Subtitles, each with specific subject matter as indicated by the headnote.

Release date: 2005-08-31

Subtitle A - Income Taxes

Subtitle B - Estate and Gift Taxes

Subtitle C - Employment Taxes

Subtitle D - Miscellaneous Excise Taxes

Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes

Subtitle F - Procedure and Administration

Subtitle G - The Joint Committee on Taxation

Subtitle H - Financing of Presidential Election Campaigns

Subtitle I   - Trust Fund Code

Subtitle J  - Coal Industry Health Benefits

Subtitle K - Group Health Plan Requirements

Let us first direct our attention to Subtitle C — Employment Taxes.
Left click on the blue “Subtitle C” above to go directly to Employment Taxes to follow along yourself. When the Cornell Page comes up, click on "Ask me again tomorrow" to go straight to Subtitle C.

The object now is to read for yourself certain statutory definitions of common words to make your own determination whether or not you fit the description of one who should fill out and sign an IRS Form W-4, under penalty of perjury, as an “employee” working for an “employer.”

These legal definitions are found at § 3401 of Chapter 24 – COLLECTION OF INCOME TAX AT SOURCE ON WAGES under Subtitle C.

§ 3401(c) Employee

“For purposes of this chapter, the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation.”

[Author’s Note: corporation means a corporation chartered by Congress and not a corporation chartered by one of the several states, parties to the Constitution.]

Under the rules of statutory construction the term “includes” is restrictive to the same class following the word “includes” and not expansive to any other class of objects, people or entities.

Now, have you made your own determination whether or not you belong to that class of people defined as an “employee?”

 

We go now to § 3401(d) Employer

“For purposes of this chapter, the term “employer” means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that—

(1) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term “employer” (except for purposes of subsection (a) means the person having control of the payment of such wages, and

(2) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term “employer” (except for purposes of subsection (a) means such person.”

Have you made your own determination that you work for an “employer?”

 

And now for the legal definition of the word “wages” we go to:

§ 3401 (a) Wages

“For purposes of this chapter, the term “wages” means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include remuneration paid— ...”

Please note that the definition of “employee” was buried way down in § 3401(c) and if anyone just reading from the beginning at subsection (a) they would not know that “wages” did not apply to one working in the private sector or at (d) that “employer” is defined as a federal government entity.

If you work only in the private sector, have you now made your own determination that you do not earn or make any “wages” because you are outside the class of people defined as “employee” and the company you work for is certainly not an “employer” as defined by statute.

The next answer we are looking for “is the company you work for a "withholding agent” as defined in the IRC?”

Notice that the definitions above are restricted to Chapter 24 - COLLECTION OF INCOME TAX AT SOURCE ON WAGES under Subtitle C, whereas other definitions are found at Subtitle F – Procedure and Administration, Chapter 79 – Definitions that apply to the entire Internal Revenue Code, Title 26.

§ 7701. Definitions

Release date: 2005-08-31

(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—

We find “withholding agent” defined at § 7701(a)(16):

(16) Withholding agent

The term “withholding agent” means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461.

And we are now directed to only those four sections that determines the requirement of withholding of any tax by a “withholding agent.” Those code sections are found at Title 26, Subtitle A – Income Taxes, CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS,

Subchapter A - Nonresident Aliens and Foreign Corporations

§ 1441 - Withholding of tax on nonresident aliens

§ 1442 - Withholding of tax on foreign corporations

§ 1443 - Foreign tax-exempt organizations

Subchapter B - Application of Withholding Provisions

§ 1461 - Liability for withheld tax

“Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.”

The law plainly requires a “withholding agent” to withhold Subtitle A federal income tax on the named foreign entities but nowhere do we see any requirement to withhold Subtitle A income tax on American Citizens living at home and working for state chartered corporations or businesses engaged in common unprivileged occupations.

The following additional legal definitions of common words found in Subtitle F, Chapter 79, is brought to your attention to clarify any misunderstanding:

§ 7701(a)

(1) Person

The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.

(4) Domestic

The term “domestic” when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations.

(5) Foreign

The term “foreign” when applied to a corporation or partnership means a corporation or partnership which is not domestic.

(9) United States

The term “United States” when used in a geographical sense includes only the States and the District of Columbia.

(10) State

The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.

(14) Taxpayer

The term “taxpayer” means any person subject to any internal revenue tax.

(21) Levy

The term “levy” includes the power of distraint and seizure by any means.

(26) Trade or business

The term “trade or business” includes the performance of the functions of a public office.

(28) Other terms

Any term used in this subtitle with respect to the application of, or in connection with, the provisions of any other subtitle of this title shall have the same meaning as in such provisions.

(30) United States person

The term “United States person” means—

(A) a citizen or resident of the United States,

(B) a domestic partnership,

(C) a domestic corporation,

(D) any estate (other than a foreign estate, within the meaning of paragraph (31)), and

(E) any trust if—

(i) a court within the United States is able to exercise primary supervision over the administration of the trust, and

(ii) one or more United States persons have the authority to control all substantial decisions of the trust.

(41) TIN

The term “TIN” means the identifying number assigned to a person under section 6109.

§ 7701(b)

(b) Definition of resident alien and nonresident alien

(1) In general

For purposes of this title (other than subtitle B)—

(A) Resident alien

An alien individual shall be treated as a resident of the United States with respect to any calendar year if (and only if) such individual meets the requirements of clause (i), (ii), or (iii):

(i) Lawfully admitted for permanent residence Such individual is a lawful permanent resident of the United States at any time during such calendar year.

(ii) Substantial presence test Such individual meets the substantial presence test of paragraph (3).

(iii) First year election Such individual makes the election provided in paragraph (4).

(B) Nonresident alien

An individual is a nonresident alien if such individual is neither a citizen of the United States nor a resident of the United States (within the meaning of subparagraph (A)).

 

§ 7701(c)

(c) Includes and including

The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.

Carrying the legal definition above for “United States” a step further, let’s go now to Title 28 U.S.C. – JUDICIARY AND JUDICIAL PROCEDURE, PART VI – PARTICULAR PROCEEDINGS, CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE, SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS, § 3002 – Definitions

(15) “United States” means—

(A) a Federal corporation;

(B) an agency, department, commission, board, or other entity of the United States; or

(C) an instrumentality of the United States.

Are you a citizen of a Federal corporation [citizen of the United States]? Now, if you’re not really confused by all this semantic sophistry, just one more should really tip you over; from this same § 3002:

(14) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.

Where “States” after the adjective “several” is capitalized, my English teachers taught that means a proper noun, the name of a particular member of a class. So when you see States capitalized, they are referring to federal States and not to states of the Union, parties to the Constitution, as the other entities are not parties to the Constitution and do not hold that rank.

Is it not clear by now how totally effective the mass mind-control has really been for all these decades encompassing how many generations now of good ordinary Americans to be deceived and robbed by the sophistry of Word Wizards. And all the while, you thought you were doing the patriotic thing voting for “your representatives” year in and year out not realizing they didn’t represent their constituents but their own self-serving interests and their international banker masters. But that’s another story to cover later.

Stay tuned as Part V will be posted soon relating to the effect of signing an IRS Form W-4 and voluntary nature of the Social Security System for most Americans.

David Layton Wilson

December 18, A.D. 2005

 

FOR TRUE PATRIOTS

Civics 101, Part I

Civics 101, Part II

Civics 101, Part III
Civics 101, Part IV
Civics 201

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Disclaimer: I am not an attorney and do not practice law.  The following is offered solely for educational and information purposes and is not to be construed as offering legal advice.  Should questions arise, please consult your Lawgiver and seek competent effective counsel. - David Wilson