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
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