Guest Dave Champion. (www.taxrevolt.us)
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08-12-10 Rule of Law
Hour 1 guest Karen Renick from www.VoteRescue.org. ROL_2010-08-12_128k.mp3 ROL_2010-08-12_16k.mp306-04-10 Rule Of Law
Deborah opens with an expose on the BP Gulf Oil Disaster being used to sell the Law of the Sea Treat...
Our hosts discuss the need for grand juries as a peaceful means of holding public servants accountable for their unconstitutional (i.e., treasonous) acts. [Also see ROL shows dated 20100611 and 20100716 on the proper use of grand juries, as well as the ROL show dated 20100617 concerning the disagreement between Eddie and Randy on what constitutes “treason”.]
Nathan [at 0hr19m] asks about how to fight his first (municipal) speeding ticket. Eddie suggests filing a “Motion to Removal” to a court of record and getting a copy of the Complaint and an Information.
Special Guest Dave Champion joins the show [at 0hr34m] to discuss his new book “Income Tax: Shattering the Myths”. Dave paints a very different picture about who has and who does not have income tax liabilities [or, more specifically, liabilities under Subtitles A and/or C of Title 26 of the federal statutes/regulations (i.e., the Internal Revenue Code).] You might be surprised at how much you do not know about federal tax law.
Dave recounts his initial contacts with the IRS more than 20 years ago and how that led him to become interested in the details of tax law. He briefly describes the only four “classes of persons” who are liable to a federally imposed income tax. He informs us about Chief Justice White’s majority opinion in the first U.S. Supreme Court case dealing with the 16th Amendment: Brushaber v. Union Pacific Railroad (240 U.S. 1, 1916). Dave discusses the distinction between the two types of taxes permitted under the Constitution: “direct” (property, poll) and “indirect” (excise, privilege) taxes and how the appellate courts are evenly divided on whether the 16th Amendment imposed a direct or indirect tax [and upon whom?]. The fact that there is still confusion on this crucial subject 97 years after purported ratification of the 16th Amendment, and 94 years after Brushaber (which has never been overturned) is shocking. But as Dave says, the income tax is the largest financial crime in the history of the world. (This is not to suggest that the tax laws are not fully constitutional as they are written; only mis-administered.) Dave also highlights the pitfalls of filling out taxpayer forms, such as tax returns, W-2s, 1099s, etc., if one is trying to present oneself as a non-taxpayer (which is the case for the vast majority of Americans).
Dave Champion is the founder of TaxRevolt.us (which describes and promotes is book), NonTaxpayer.org (which is his business devoted to assisting Americans to be fully lawful non-taxpayers), OriginalIntent.org (which has archives of his numerous articles about the original intentions (meanings) of the writings and documents of our founding fathers, and DaveChampionShow.com (which has archives of his radio show).
HOUR 1 & 2
7:35
Randy discusses with Eddie how to correct judge behavior. Go to grand jury for indictment of judge. Existing rules and regulation are enough, if they would be followed and enforced.
Some cases show city attorney can represent state of Texas, even though this violates Texas constitution.
Eddie quotes Colorado grand jury duties.
The problem exists because of lack of our will to enforce the law.
19:12
Nathan from Texas.
Traffic court strategy to attack calibration of radar gun tuning force. Has been told first court, municipal traffic court, is not court of record. Speeding ticket.
Eddie says without a court of record, judge will do whatever he pleases. Need to appeal to county court after losing. Or first file motion to remove to county court before going into traffic court. The motion will likely be denied.
Must have copy of complaint one day before trial, along with an information. Check for these in your court record. Do not plead to anything without knowing with what you are charged. In court, demand to know “the nature of the charge” against you. Demand judge be disqualified for failure to abide by law, if these two are not provided. Be persistent without going to jail for contempt of court.
34:05
Dave Champion http://taxRevolt.us
New book Income Tax, Shattering the Myth.
Dave provides his background, including military service and firearms trainer. Started learning about taxes twenty years ago when running a private business. Book is wrote for average person who does not have a deep background in tax law.
16th amendment. 1916 Supreme Court case with Union Pacific. Justice White wrote decision.
Congress made three “classes of persons” are subject to income tax: non-resident aliens, foreign corporations, US citizens residing abroad with foreign earned income. A fourth was made liable for the income tax: withholding agent (person withholding tax on US non-resident aliens).
Discusses rhetoric of socialism, collectivists, and private property. American’s thinking shifted after 1913.
Largest financial crime in the history of the world.
63:34
1916 Supreme Court case.
Constitution permits two tax classes: direct, indirect. Direct taxes must be apportioned. Income taxes are not apportioned.
Definition of “privilege”. Something an American does not have a right to do. Americans have a right to earn a living.
75:33
Melinda in Texas.
Filed taxes in 2007. Applied for refund based on “OID”. Granted. Then called a frivolous filing and assets are being taken by IRS.
The book is not a problem solving guide for specific problems.
79:05
Melinda in Texas.
Deborah describes her research on OID and frivolous filings. Suggests suing IRS in federal court.
Dave Champion says the tax code does not have a provision for someone not liable to file no return. So filing OID or zero return or anything is not allowed unless a tax is owed. Contact Dave at http://nontaxpayer.org
82:01
Carlos in California.
Did not file for two years. IRS told him to pay and he sent “accepted for value”. Will be selling two houses that are in escrow.
Dave Champion says the escrow agreement required a tax form that was signed with a Taxpayer Identification Number.
W9 independent contractor.
92:51
Sharla from Texas.
How to change W4 status with an employer. Payroll withholding. Refer to chapter in book.
It is illegal for you to fill out W4 and illegal for employer to force anyone to sign it.
95:40
Randy expresses concern about people who go to court and say “show me the law that makes me liable to pay taxes”. Every taxpayer has a “master file” and it has each person in an employment category. The employment category often puts in a code as if the person is working in the Virgin Islands. The IRS person who incorrectly coded the employment category could be sued.
Eddie has not filed with IRS since 1995.
Petitioning IRS to change the employment category code has not caused the IRS to change it. IRS failure to act is violation of federal code. Randy suggests filing “official oppression” against IRS when they don’t change the employment category code.
Randy discusses filing complaint with IRS inspector general against individual IRS workers in Florida. One person was fired.
107:10
Deborah asks Dave Champion how a person without much money can resist an employer who is demanding the person to complete a W4. Give the book Decision Maker to the person in the company.
110:40
Tony in Illinois.
Tony asks for more commentary on W4 and W9 that have already been submitted.
How to open bank account without Taxpayer Identification Number has changed since 9/11. Section 326 of Patriot Act is referenced by banks, but it is incorrectly interpreted. Signature card is a substitute tax form. This enables IRS to perform administrative seizure of account funds without judicial review.
Keynesian and income taxation go together.
Deborah says illegal aliens can open bank accounts with taxpayer number or ID.
http:///nonTaxPayer.org