{"id":1217,"date":"2014-08-18T22:50:58","date_gmt":"2014-08-18T22:50:58","guid":{"rendered":"http:\/\/www.pauljjhansen.com\/?p=1217"},"modified":"2014-08-21T00:00:14","modified_gmt":"2014-08-21T00:00:14","slug":"making-income-on-us-land-is-a-claim-for-taxation-by-the-us-irs","status":"publish","type":"post","link":"http:\/\/www.pauljjhansen.com\/?p=1217","title":{"rendered":"Making &#8220;Income&#8221; on US land is a claim for taxation by the US \/ IRS."},"content":{"rendered":"<p>((( If you make income on land &#8220;of&#8221; the US they have a taxing claim. )))<\/p>\n<p>What is the Federal Income Tax?<\/p>\n<p>by<\/p>\n<p>Paul Andrew Mitchell, B.A., M.S.<br \/>\nCounselor at Law, Federal Witness<br \/>\nand Private Attorney General<\/p>\n<p>All Rights Reserved<br \/>\n(November 10, 1998)<\/p>\n<p>The federal &#8220;income&#8221; tax is an excise tax which is imposed<br \/>\nupon profit or gain derived from sources that are INSIDE the<br \/>\n&#8220;United States&#8221; [sic], or from a &#8220;United States&#8221; trade or<br \/>\nbusiness. In this context, the term &#8220;United States&#8221; means the<br \/>\nterritory (land) over which Congress has exclusive legislative authority<br \/>\nand where Congress is the local &#8220;State&#8221; government.<\/p>\n<p>&#8220;<strong>Private property<\/strong>&#8221; be it owned by a corporation, or by a individual man, or married couple, or group of people, such property is not &#8220;of&#8221; the US unless the US is evidenced as the owner. So the vast amour of income, employment, activity is not &#8220;of&#8221; the US on American soil, and therefore is not included as taxable income by law.<\/p>\n<p>Mr. IRS man what fact evidence do you have that supports any claim that the income is included territorially in the US tax code.<\/p>\n<p>&#8220;Income&#8221; and &#8220;source&#8221; are two entirely different terms.<br \/>\nThe &#8220;source&#8221; is the situs of the income-producing activity. The<br \/>\nitems listed at IRC 61 are &#8220;sources&#8221;, NOT &#8220;income&#8221;, although the<br \/>\ngrammar of section 61 is certainly ambiguous.<\/p>\n<p>The inside\/outside distinction is crucial to a correct<br \/>\napplication of the income tax.<\/p>\n<p>The several states of the Union are OUTSIDE the &#8220;United<br \/>\nStates&#8221; [sic], and they are INSIDE the &#8220;United States of America&#8221;<br \/>\n[sic]. See the Guarantee Clause for constitutional authority,<br \/>\nand for correct use of terminology. See also the Preamble, where<br \/>\n&#8220;United States&#8221; and &#8220;United States of America&#8221; are both used;<br \/>\nthese two terms define two disjoint geographic jurisdictions.<\/p>\n<p>Moreover, 28 U.S.C. section 1746 makes this all-important<br \/>\ndistinction as well, e.g. &#8220;inside the United States&#8221; and &#8220;under<br \/>\nthe laws of the United States of America&#8221;! This statute governs<br \/>\nthe perjury jurat on Form 1040!! Form 1040 is signed INSIDE the<br \/>\n&#8220;United States&#8221; [sic], and OUTSIDE the &#8220;United States of America&#8221;<br \/>\n(read &#8220;several states of the Union&#8221;). We never notarize Form<br \/>\n1040; now you know why! Yea Team!!<\/p>\n<p>Got it?<\/p>\n<p>The term &#8220;United States&#8221; here is synonymous with &#8220;the<br \/>\nfederal zone,&#8221; i.e. the territory over which Congress has<br \/>\nexclusive legislative authority and jurisdiction. Pursuant to<br \/>\nthe Downes Doctrine, indirect taxes need NOT be &#8220;uniform&#8221; within<br \/>\nthe federal zone, and direct taxes need NOT be &#8220;apportioned&#8221;<br \/>\nwithin the federal zone. See the chapter entitled &#8220;16th<br \/>\nAmendment Post Mortem,&#8221; in the case of U.S.A. v. Knudson, in the<br \/>\nSupreme Law Library at Internet URL:<\/p>\n<p>http:\/\/supremelaw.org\/cc\/knudson\/judnot08.htm<\/p>\n<p>for a thorough discussion of this key point.<\/p>\n<p>Those two restrictions apply ONLY to taxes which Congress<br \/>\nimposes inside the several states of the Union, which are<br \/>\n&#8220;outside&#8221; (&#8220;without&#8221;) the &#8220;United States&#8221; [sic], and &#8220;inside&#8221; the<br \/>\nUnited States of America&#8221; [sic].<\/p>\n<p>These findings are predicated upon the well established<br \/>\nproof that the IRC is a municipal Code (&#8220;internal&#8221; means<br \/>\n&#8220;municipal&#8221;). See the book &#8220;The Federal Zone: Cracking the Code<br \/>\nof Internal Revenue&#8221; for all pertinent authorities, e.g. Treasury<br \/>\nDecision 2313.<\/p>\n<p>See also &#8220;Congresswoman Suspected of Income Tax Evasion&#8221; in<br \/>\nthe Supreme Law Library supra, vis-a-vis IRC 3121(e). The<br \/>\nLegislative Counsel and Congressional Research Service both agree<br \/>\nwith the major thesis of &#8220;The Federal Zone&#8221; [the book which I<br \/>\nauthored].<\/p>\n<p>It makes no sense to render an excise &#8220;uniform&#8221; throughout<br \/>\nthe several states of the Union, if said excise tax is not even<br \/>\nimposed ANYWHERE within that territorial jurisdiction!<\/p>\n<p>The graduated income tax does not need to be uniform OR<br \/>\napportioned there, because those rules are entirely irrelevant<br \/>\nwithin that limited territorial jurisdiction (according to the<br \/>\nDownes Doctrine).<\/p>\n<p>Think about it &#8230; Congress has the power to impose a<br \/>\nlocal, municipal tax, and that is exactly what they did with the<br \/>\ntaxes imposed by Subtitle A of the Internal Revenue Code.<\/p>\n<p>Just because Congress intermixed alcohol, tobacco, and<br \/>\npetroleum taxes in the same Code, does not change the nature of<br \/>\nthe &#8220;income tax&#8221; provisions of that Code. The definition of<br \/>\n&#8220;State&#8221;, in these other excise taxes, clearly mentions the &#8220;50<br \/>\nStates&#8221; [sic], but NOT at IRC 3121(e). See URL:<\/p>\n<p>http:\/\/www.law.cornell.edu\/uscode\/26\/4612.html (a)(4)(A)<\/p>\n<p>THERE is the crux of their fraud!!!<\/p>\n<p>Confer at &#8220;inclusio unius est exclusio alterius&#8221; in Black&#8217;s<br \/>\nLaw Dictionary, to wit: what was omitted, was INTENDED to be<br \/>\nomitted (from those various, DIFFERENT definitions of &#8220;State&#8221;).<\/p>\n<p>In the Brushaber case, that tax was an excise imposed upon<br \/>\nprofit generated by a &#8220;domestic&#8221; (read &#8220;federal zone&#8221;)<br \/>\ncorporation, because the Union Pacific Railroad Company was<br \/>\ncreated by an Act of Congress, to build a railroad through the<br \/>\nUtah Territory (BEFORE Utah joined the Union). Thus, Congress<br \/>\ncould tax the profits of that corporation BEFORE any of those<br \/>\nprofits were paid to stockholders, in the form of dividends.<br \/>\nTreasury Decision 2313 explains all of this in fine detail; this<br \/>\nTreasury Decision has never been repealed. The legal situs of<br \/>\nany corporation never changes from its original domicile.<\/p>\n<p>Congress CANNOT create a corporation for the entire nation,<br \/>\nbecause to do so violates the Tenth Amendment, and invades the<br \/>\nprovince of the several states. See Daly v. The National Life<br \/>\nInsurance Company of the United States of America, Indiana Supreme<br \/>\nCourt (1878), for clear authority on this crucial point. Thus,<br \/>\nALL FEDERAL CORPORATIONS are domestic (read &#8220;federal zone&#8221;)<br \/>\ncorporations, by Law. &#8220;Domestic&#8221; in this context is synonymous<br \/>\nwith &#8220;federal zone&#8221;. &#8220;Domestic&#8221; does NOT have the same meaning<br \/>\nin this context as it does in the context of domestic and foreign<br \/>\nflights at international airports.<\/p>\n<p>The state zone and the federal zone are perfectly disjoint,<br \/>\nin a geographic sense. The term &#8220;state zone&#8221; has now entered our<br \/>\nhousehold vocabulary; for proof, search for &#8220;state zone&#8221; with<br \/>\nthe Alta Vista search engine, particularly in documents which<br \/>\nalso use the term &#8220;federal zone&#8221;.<\/p>\n<p>Now, federal citizens [sic] are associated with a political<br \/>\njurisdiction which is NOT protected by the Guarantee Clause, and<br \/>\nwhere the direct\/indirect rules simply do NOT apply. Federal<br \/>\ncitizenship is a municipal franchise, the exercise of which CAN<br \/>\nbe taxed by the Congress, pursuant to the Downes Doctrine,<br \/>\nbecause citizenship is a term of municipal law (a\/k\/a &#8220;private<br \/>\ninternational law&#8221; [sic]).<\/p>\n<p>Congress cannot re-define the term &#8220;Citizen&#8221; as that term<br \/>\nused in the Qualifications Clauses, because Congress has no power<br \/>\nto amend the U.S. Constitution; only three-fourths of the Union<br \/>\nstates have that power. The term &#8220;Citizen&#8221; [sic] in the<br \/>\nQualifications Clauses, in 3:2:1, and in 4:2:1, each refers to<br \/>\nCitizens of ONE OF the States United. See Alla v. Kornfeld for<br \/>\nauthority (cited and discussed in the Supreme Law Forum at<br \/>\nhttp:\/\/supremelaw.org\/wwwboard): i.e. federal citizens, as such,<br \/>\nwere NOT even contemplated when the organic U.S. Constitution was<br \/>\nfirst written and ratified.<\/p>\n<p>Although the Guarantee Clause appears to authorize unequal<br \/>\nprotection of the Law here, the Eighth Circuit dropped the ball<br \/>\ncompletely when this issue was put squarely before them, in<br \/>\nGilbertson&#8217;s OPENING BRIEF. That Court has now failed to rule on<br \/>\nan application by the People of the United States of America for<br \/>\nIntervention of Right, so we are presently in a Mexican Standoff,<br \/>\nas regards all of the far-reaching issues which arose in that<br \/>\nOPENING BRIEF.<\/p>\n<p>If the People were to obtain leave to intervene, they would<br \/>\nimmediately request Rehearing En Banc, on all of these issues,<br \/>\nand then go up to the U.S. Supreme Court &#8220;with all deliberate<br \/>\nspeed&#8221; (a term from Brown v. Board of Education).<\/p>\n<p>Instead, you have seen the U.S. House of Representatives<br \/>\nrepeal the IRC, effective July 4, 2002. I believe this was done<br \/>\nbecause the law as explained above has begun to permeate that<br \/>\nHouse of Representatives, one Representative at a time.<\/p>\n<p>The writing is definitely on the wall.<\/p>\n<p>I hope this helps.<\/p>\n<p><a href=\"http:\/\/www.supremelaw.org\/authors\/mitchell\/taxsumm.htm See - site for links.\">http:\/\/www.supremelaw.org\/authors\/mitchell\/taxsumm.htm See &#8211; site for links.<\/a><\/p>\n<p>Sincerely yours,<br \/>\nPaul Andrew Mitchell, B.A., M.S.<br \/>\nCounselor at Law, Federal Witness,<br \/>\nPrivate Attorney General, and Candidate<br \/>\nfor the U.S. House of Representatives<\/p>\n<p>website: http:\/\/supremelaw.org<\/p>\n<p>Click <a title=\"INFO\" href=\"http:\/\/freeinhabitant.info\/?p=25\">HERE<\/a> to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System. Counsel time and a vast array of briefs, motions, case law, legal challenges, etc.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>((( If you make income on land &#8220;of&#8221; the US they have a taxing claim. ))) What is the Federal Income Tax? by Paul Andrew Mitchell, B.A., M.S. Counselor at Law, Federal Witness and Private Attorney General All Rights Reserved &hellip; <a href=\"http:\/\/www.pauljjhansen.com\/?p=1217\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[24,57],"tags":[],"_links":{"self":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/1217"}],"collection":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1217"}],"version-history":[{"count":2,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/1217\/revisions"}],"predecessor-version":[{"id":1234,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/1217\/revisions\/1234"}],"wp:attachment":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1217"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1217"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}