Is this True about the IRS and Section 861?

Question

Is this True about the IRS and Section 861?

http://www.3rdear.com/861info/


VERY compelling.


At least 4 CPA's and about 7 attorneys discuss the IRS Code and the questions they asked.

Please do not answer until you have seen the presentation.

Otherwise, why should I believe your answer more than the CPA's and the Attorney's answers?

Has anyone seen the presentation that answered?

Answer 1

CONGRESS wrote the TAX LAWS of this Country, Not the Lawyers and Accountants.
1. The United States Constitution, Article 1, Section 8, Clause 1, states “The Congress shall have the Power To lay and collect Taxes, Duties, Imposts and Excises to pay the Debts and provide for the common Defense and general Welfare of the United States.”

2. The Sixteenth Amendment to the Constitution,
ratified on February 3, 1913, states,“The Congress shall have the power to lay and collect taxes on
income, from whatever source derived, without
apportionment among the several States, and without
regard to any census or enumeration”.

3. Congress used the power granted by the Constitution
and Sixteenth Amendment and made laws requiring
all individuals to pay tax.

4. Congress has delegated to the IRS the responsibility
of administering and enforcing these laws known as the Internal Revenue Code. Congress enacts the tax laws, IRS enforces them.

5. Courts have historically held there are no Constitutional
or legal grounds for failure to file tax returns and
failure to pay taxes.

6. The term voluntary compliance means that each of us is responsible for filing a tax return when
required and for determining and paying the correct
amount of tax.

7. Failing to file required returns and failing to pay taxes may result in criminal prosecution and/
or civil penalties.

8. While taxpayers have the right to contest their tax liabilities in the courts, taxpayers do not have the right to violate and disobey tax laws.


Contact your Local Congressman or woman...

Answer 2

If they bothered to actually read and take into context the entire code section, then they would know that Section 861 only applies to taxation of US nonresidents. Section 861 does not apply to anyone who is considered a US tax resident, by virtue of citizenship, being a green card holder, or meeting the substantial presence test. This position has been tried in both state and federal courts on several occasions and in every single case, the court has found, and affirmed time and again, that Section 861 DOES NOT apply to US residents.

Answer 3

Hardly compelling at all. The claims that the 16th Amendment didn't create any new tax is so far off the wall as to be laughable.

And I suppose that there are folks who have earned CPAs and JDs that fall into the category of "Tax Kooks."

I don't have several days to pick apart every point, and the rebuttal would carry on for dozens of screens at least.

I also noted that it's not possible to stop the flash animation in order to make note of the legal citations; they flash off the screen so quickly that it's very hard to view. Common fodder of the Tax Kook's way of doing things.

Answer 4

Ask Larken Rose (one of originators of this claim).....

oops...you can't. He is still in the Federal Pen.