February 5, 2002
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The


Report

A Weekly Internet Publication

- February 5, 2002 -

The Constitutional Revival Movement's News Source



UPDATES:

- Newsletter Format
- Constitutional Quiz Question of the Week

NEWS:

- Social Security Train Wreck
- Careless Identity Reporting
- Revisiting Digital Angel - Again!

INFORMATION:

- The Anti-Injunction Act
Why The Tax Freedom 101 Report?
"An immense effect may be produced by small powers wisely and steadily directed."

- Noah Webster, Founding Father of American Education

Past issues of the Tax Freedom 101 Report are archived here.


Dear Netizen: Do you find the The Tax Freedom 101 Report interesting, useful, educational, or surprising? You do? Great! Then why don't you recommend this newsletter to a friend or two. They don't have to be a crazed liberty-lovin "radical" like you and me - even raging communists and everyone in between enjoys reading this newsletter! So spread the word... the forward button is just a click away...

Subscription and advertising information for The Tax Freedom 101 Report is contained at the end of this on-line report.

UPDATES:
- Newsletter Format

Some subscribers have been asking about the new format of The Tax Freedom 101 Report. We changed the structure and coding of the HTML format at the beginning of this year somewhat, and some of you like the changes, while others... well, let's say none too crazy about it. The subscribers who have been "short changed" on format and function are those using "free" email services. Reports are that Lycos.com with a free email service handles all the format and function perfectly, while services such as Yahoo are dismal.

Our suggestion if you are not getting the full ezine is subscribe using a real email address and service such as the one provided by your Internet Service Provider [ISP]. AOL users are as always at the mercy of their software and version currently being used - sorry we can't help users there. Just a reminder our email list is kept private.

If you would like to subscribe using a new email address find the directions to do so at the end of this newsletter or click here to get a subscribe box where you can enter any email address you like.


- Constitutional Quiz Question of the Week

"In questions of power, then let no more be said of confidence in man, but bind him down from mischief by the chains of the
Constitution." - Thomas Jefferson

This week's question: Where does one find in the Constitution a grant of power to Congress to constitute tribunals inferior to the supreme Court?

Last week's Constitutional Quiz Question of the Week can be found
here.



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You can take advantage of some of the legal procedures
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to any monetary gain it may make if the citation is successfully prosecuted.


NEWS:
- Social Security Train Wreck

You can count on us to bring you all the bad news about Social Security that we possibly can. What? You say there is good news? Really, where? Oh, you mean the way the revolving Congress and President promise to make it solvent each voting cycle. Well that is bad news also, because the only way that the government can make it solvent is to tax it from you at perhaps triple what it is now, and then promise not to touch it. Since there is ZERO accountability in government any longer, and the same amount in the trust fund, you might as well kiss it goodbye each week. Remember it is really a tax, not a benefit - and it is the only tax that Americans have ever paid if they have always lived and worked in the States of the Union.

Readers know we don't just offer up the problem [of course we like to remind them about it on occasion], but rather we provide the solution to Social Security, which is... "Quit Social Security and keep 100% of your earnings to save for your own retirement, not everyone else's." Socialism in America Still 100% Voluntary!

Here's the reminder from Jane Chastain on "The State of Social Security"

More great reminders on Social Security available
here.


- Careless Identity Reporting

We received this story from a faithful independent representative who is in charge of producing the Digital Library Resources, the CD's we offer in the
Tax Freedom 101 store. He made a great comment, you know the kind that makes you go.... hmmm. He said: "Doesn't it seem as though they must do this kind of stupid crap intentionally, just to cause strife and frustration... or perhaps as yet another reason for implantable biometric IDs..."

Yes, it can happen to even you if you have a company or receive a benefit from an agency who reports on your financial activity, click here to read about it.


- Revisiting Digital Angel - Again!

It seems to get closer everyday. The inevitable
"Mark of the Beast" mentioned in Revelation by St. John. Yet, many will line up blindly when it comes, and accept whatever the government mandates of its citizenry for a little perceived safety and security. People will cry peace, peace, but there will be none. Nonetheless, people will willingly trade liberty for temporary security, and the surreptitious mechanism for accomplishing this insidious bondage will be tied directly to the protection of the world's modern day god of "money" - in which they trust.

Read the recent article: "Post 9/11 security fears usher in subdermal chips"



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INFORMATION:
- The Anti-Injunction Act

Most members who have viewed our video series
Just The Facts have a general idea about the Anti-Injunction Act, the law passed by Congress during the War Between the States which prevented courts of law from enjoining (stopping) the collection of federal taxes. What members might not be aware of is the current situation in courts of law around the country, on both State and Federal levels, to use this law for the wholesale dismissal of actions that in any way challenge the misapplication of the law by certain employees of Internal Revenue Service. The original intent and actual effect of this law is that it prevents a particular remedy at law that was enjoyed previously, that of Judicial Remedy regarding the collection of a tax. Therefore, it is important to note that the actions provided* do not seek judicial remedy relating to a collection of a tax. They seek existing Administrative Remedy provided by law, whereby the agency in question (the Internal Revenue Service in this case), corrects its wrongful procedures on its own and stops damaging a person outside of law.

While this action does involve a court of law, the role of the court here is not to force the agency to stop collecting a tax, but simply to determine whether an actual misapplication of the law is taking place. The laws governing "abatement" of an alleged tax being assessed or collected wrongfully is already in place!

As an example, the law protecting citizens from wrongful "deficiency" assessments is the principle foundation upon which we seek Administrative Appeal through the letters sent in our Power-of-Attorney program. In theory, because Administrative Remedy exists in law for the agency to correct internal errors, there is little need (or proper jurisdiction) for a court to take judicial action and order the IRS to stop collecting a tax. The idea of delaying a court with issues best handled by the agency in question would then appear to be a waste of government resources expended in operating the court.

Does this mean that there is no method of seeking damages, so long as a court directs the IRS as to the proper existing Administrative Remedy to exercise in a person's case? Does this prevent subsequent court actions once the IRS has stopped their wrongful procedures? The potential subsequent actions against the individual Internal Revenue Service employees who had violated the law could be pursued and invoke the judicial authority of a court with regard to actions of the agent. Once the issue of potential tax revenues being collected is moot (the IRS having admitted out of court that they were proceeding wrongfully, and having ceased trying to collect a misapplied tax), an action can be pursued that seeks Judicial Remedy and damages. A memorandum of this type should serve to supplement our efforts of keeping members informed through the Reasonable Action Membership Newsletter, concerning the specific legal remedies that
Save-A-Patriot Fellowship can assist members in seeking.

The actions made available by the Fellowship and its paralegal department should in no way be construed as attempting to evade the lawful assessment, collection, or payment of income taxes; at the same time, members are probably aware that this type of tax applies to foreign persons and entities to begin with.

* Next week in The Tax Freedom 101 Report we will expand on the services and "actions provided" under the Power-of-Attorney program by the casework and paralegal department of the Save-A-Patriot Fellowship.


Wishing you a tax-free day,
The Tax Freedom 101 Staff


http://www.taxfreedom101.com

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"I don't like the income tax. Every time we talk about these taxes we get around to the idea of 'from each according to his capacity and to each according to his needs'. That's socialism. It's written into the Communist Manifesto. Maybe we ought to see that every person who gets a tax return receives a copy of the Communist Manifesto with it so he can see what's happening to him.." -- T. Coleman Andrews, Commissioner of Internal Revenue, May 25, 1956 in U.S. News & World Report
DISCLAIMER: The data on this website is the collaborative experience, contributions, and research of various websites, legal books, tax documents, researchers, associates, attorneys, CPA's, etc. and does not constitute legal advice. The primary purpose of this site is education. We do not advocate any specific course of action. What you do with this information and any course of action you decide to take, if any, is entirely your responsibility.
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