Letter to Bill Clinton re: legality of I.R.S.
Subject: [Issues_and_Insights] Letter to Bill Clinton re: legality of I.R.S.
Date: Sun, 16 Jul 2000 03:40:20 -0000
From: "Russell Kaemmerling" <Issues_and_Insights@juno.com>
The letter below was delivered personally to an assistant of Bill
Clinton. It was an effort to stimulate the government into open
debate on the issue of the illegality of the I.R.S.. On Thursday,
June 29, 2000, We the People Foundation for Constitutional Education
Inc. <http://www.givemeliberty.org/foundation/index.htm> held the
fourth Washington, DC conference at the National Press Club on the
question of the legality of the income tax. The letter below will
help you to understand the issue and the next Issues and Insights
will provide you with a report on the June 29 meeting.
Hon. William Jefferson Clinton
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500
Dear Mr. President,
An early response to this letter would be appreciated.
Pursuant to our letter dated February 1, 2000, we hereby deliver an
original copy of the Income Tax Remonstrance, together with the
names, city and state of those American citizens that have
electronically signed the Remonstrance.
This organization is devoted to educating citizens about problems of
governmental wrongdoing, especially when government behaves in
violation of the State or federal constitutions or the law. For more
that a year now, we have been focusing in particular on issues of
illegal operations of the federal income tax system. We have been
learning from many sources about numerous aspects of those illegal
operations. As you know from our letters to you dated May 5, June 4
and October 13, 1999, last July, we held a symposium at the National
Press Club to examine issues of illegal operations of the federal
income tax system. The symposium was broadcast live by C-Span and
rerun several times over the next few days.
We held another conference at the National Press Club last
November to further explore and discuss the income tax issues and what to do about them.
Although, in each case, we respectfully asked you to send
knowledgeable representatives to our meetings to refute allegations
and arguments being presented, we got no response, not even an
acknowledgment of our requests. That has led us back to Washington
this week for a third time to deliver to you, a Remonstrance
enumerating the people's grievances over the illegal operations of
the federal income tax system.
Well, what are those issues; what are those grievances; and what are
the remedies? I will summarize as succinctly as I can.
Congressional hearings for years have been the forum for horror
stories by citizens who have suffered all kinds of abuse at the hands
of the IRS. Our grievances include those outrageous and arrogant
behaviors by the IRS perpetrated by its agents, policies, and
procedures. We are particularly distressed at the utter lack of
respect for due process and the denial of due process in IRS
procedures, including the unwillingness of the IRS to provide
information about our due process rights, the denial of our rights to
see the evidence against us, to confront and cross-examine those who
have testified against us, and denial of our rights against illegal
seizure of our property by the IRS because of an unconstitutional
anti-injunction law, 26 USC Section 7421.
But as bad as these behaviors are, they are only a small part of it;
the problems are much deeper and they started early in the 20th
century. Our grievances largely deal with issues of hoax, fraud, and
It has been well established since 1985, and unrefuted, that the 16th
amendment, the so-called income tax amendment, did not even come
close to being legally ratified in 1913. It was, indeed, fraudulently
declared to be ratified by a lame-duck Secretary of State, Philander
Knox, just a few days before he left office to make way for the
Wilson administration. Knox's motive is easy to see. He had for many
years been attorney for Carnegie, Rockefeller, Morgan, and the
Vanderbilts, and had put together the largest of their cartels. He
was paving the way for the Federal Reserve Act that was passed later
in 1913. The central bank would want a more reliable flow of revenue
to assure payment on the debt that the government would be incurring.
Knox had already had practice in this method by his role in taking
over the tax collection systems in Honduras and Nicaragua to assure
payment of loans to those governments. Senator Nelson Aldrich,
spokesman for Rockefeller and Morgan, had pushed the income tax
amendment through the Senate in 1909, and, as a result of a meeting
he convened on Jekyll Island among several of the nation's most
powerful bankers representing Rockefeller, Morgan, and the
Rothschilds, he designed the Federal Reserve legislation that passed
in 1913, under the guise of banking reform.
The research that conclusively revealed the fraudulent ratification
of the 16th amendment was done by Mr. Bill Benson, a former
investigator for the Illinois Department of Revenue who spent a whole
year among the archives of all 48 states and the federal government.
For some of his findings, see the attachment to this
letter, "Examples of States That Failed to Ratify the 16th
What has been the government's response to Benson's work? Well, one
senator, until recently a presidential candidate, tried, through an
aide, to pay Mr. Benson -- offered to make him a millionaire if he
would only not publish the results of his work, turn over all 17,000
certified documents he had obtained from the archives, and agree
never to talk about his research again. However, to Mr. Benson, our
republic is not for sale. He published, and every member of Congress
received a personal copy of his two-volume report. As you probably
know, we provided you with a copy along with our letter of May 5,
Other responses by Congress have been produced by the Congressional
Research Service in the form of a report written in 1985 by Thomas
Ripy about the 16th amendment issue and in a 1996 report by John
Luckey titled "Frequently Asked Questions Concerning the Federal
Income Tax." Neither report mentions or addresses the key issue of
fraudulent ratification of the 16th amendment. They are, therefore,
The courts have refused to address the fraud issue, calling it a
political question for Congress, even though fraud is clearly a
matter for the courts and is not subject to the normal statute of
limitations. Congress has said that it is a matter for the courts. We
say it is an issue for all three branches, and it must be addressed.
The government must not stonewall on this issue any longer.
The IRS has addressed the 16th amendment question in it's publication
titled "Why Do I Have to Pay Taxes?" This is sort of a mini-version
of the Luckey Report, and can be found on the Internet. Its answer to
the argument that the 16th amendment was not properly ratified is to
state that the 16th amendment was ratified on February 3, 1913, and
then to quote the words of the amendment. This, of course, is a non-
response to the question and means nothing. It is pathetic and
insulting (and the date is wrong; it was February 25).
Another major issue and grievance is that the IRS operates in such a
way as to collect income taxes from almost all citizens even though
no law or regulation requires most citizens to file and pay income
taxes nor to have those taxes withheld from the money they earn. The
IRC and its regulations make liable for the income tax
only "foreigners here and citizens abroad," but not most of us,
unless we have income earned abroad. This has been demonstrated of
late by those, especially employers, who have carefully studied and
exercised the rules as written and have succeeded in making the IRS
abide by them.
The standard response of the IRS to the liability argument is to
quote 26 USC Sections 1,6001,6011,or 6012, which the IRS uses as the
all-encompassing filing requirements. Section 1 imposes the tax
on "taxable income;" Section 6001 says, "Every person liable for any
tax imposed under this title...shall keep such records... make such
returns...and comply with such rules and regulations as the Secretary
may prescribe;" Section 6011 says, "When required by
regulations...any person made liable by any tax imposed by this title
shall make a return;" Section 6012 says, "Returns... shall be made
by...[e]very individual having...gross income which exceeds the
These, again, are non-responses that merely beg the original question
of just who is liable. The crucial question becomes: What is "gross
income?" And when we follow the disjointed, disconnected, and
deceptive trail through the code and its regulations, we find in CFR
1.861-8(f)(1) that gross income is income derived from foreign
sources, i.e., foreigners here and citizens abroad. When we follow
the trail of withholding law to find out what kind of income is
subject to withholding, it takes us to the same place and the same
conclusion: foreigners here and citizens abroad. The same is true
regarding liability for the Social Security tax, derived from the
International Labor Agreement of the 1930s. All three trails lead to
the same result.
Congressional response to the question of just who is liable is
exemplified in a 1989 letter from Senator Inouye to a tax consultant
constituent who asked about the precise provisions of the IRC that
render an individual liable for income taxes. The letter says: "Based
on research performed by the Congressional Research Service, there is
no provision which...requires an individual to pay income taxes." The
letter goes on to say that Article I Section 8 of the U.S.
Constitution gives Congress the power to lay and collect taxes, and
then makes the astonishing assertion that, "Accordingly, the IRC need
not specifically state that individuals shall be liable for income
taxes because it is inferred from the Congress' authority to so levy
and collect." This letter would have us believe that there is no need
to bother with the inconvenience of actually writing laws or
regulations or anything like that! Further, the letter then points
out that Section 7201 et al. sets forth penalties for failure to pay
taxes owed. The key word is "owed," but the letter does not explain
how it is determined what taxes are actually owed or by whom. Once
again, we are given a non-response that simply begs the question,
along with a heavy-handed threat of prosecution. The letter tries to
give us the impression we can be prosecuted for not doing something
that no law or regulation requires us to do.
It is significant that employers are learning of the scam, as they
are key to the whole system, along with the denial of due process
rights for individual citizens. The IRS uses the false statements
from employers (W-2s and 1099s) as prima facie proof that employees
have earned gross income that is taxable. The IRS then makes it
impossible in their procedures for an employee to challenge the
incorrect testimony of the employer by refusing to issue summons so
the employee can confront and cross-examine the employer. Tax law 26
USC Section 3402 does not protect employers from submitting false
information. But the IRS has bullied and coerced employers since the
1930s to do so. Employees are then coerced into filing tax returns
based on false information submitted by employers and
to "voluntarily" and unknowingly waive their 5th amendment rights
when they sign their 1040 forms, in order to get some small portion
of their money refunded.
What are the remedies?
The issue of the fraudulent ratification of the 16th amendment must
be addressed, not evaded, by the federal government. Besides that,
the government must act to remove the obstructions that prevent
citizens from invoking the protections of their constitutional rights
when dealing with the IRS in both administrative and judicial
proceedings. The due process issues and abuses must be resolved. The
remedy is to make the IRS and its agents obey the tax code and
regulations and respect citizens' constitutional rights to due
process, especially in administrative procedures. Denial of due
process is the main factor in the abuses by the IRS, because it
prevents people from defending themselves against those abuses. Three
changes to the code can go far towards accomplishing this goal. All
are in Chapter F (Administration): Sections 6326,6404(b), and 7421.
Sections 6326 and 6404(b) effectively enable errors or abuse by IRS
employees to go uncorrected and obstruct the IRS Commissioner from
properly controlling employees. Section 7421, as already mentioned,
prevents judicial intervention and review of illegal seizures of
property by the IRS in violation of our constitutional rights. No
statute can overrule the Constitution. Many of the horror stories and
abuses you hear about might be averted if it were not for the
obstructions to correcting erroneous or malicious actions of
subordinates by those above them or by the courts.
We are sure you will agree that the evidence is compelling and that
these are matters of utmost importance, and cannot be long tolerated
if Americans are to remain free. With that in mind we will return to
Washington a fourth time -- in June-- to discuss the remedies to this
problem. We respectfully request your participation, or that of your
staff. It is with the utmost respect that we ask for an early
response to this letter and that you identify those people that you
would expect to participate in the June meeting.
May we hear from you soon?
Very truly yours,
Robert L. Schulz
" A hand from Washington will be stretched out and placed upon every
man's business; the eye of the federal inspector will be in every
man's counting house....The law will of necessity have inquisical
features, it will provide penalties, it will create complicated
machinery. Under it, men will be hauled into courts distant from
their homes. Heavy fines imposed by distant and unfamiliar tribunals
will constantly menace the taxpayer. An army of federal inspectors,
spies, and detectives will descend upon
- Virginia House Speaker Richard E. Byrd, 1910, predicting what
would happen if a federal income tax became law.
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