NoSSN - Confessions And The Income Tax System -- by Pitman Buck, Jr.

Confessions And The Income Tax System -- by Pitman Buck, Jr.

October 16, 2002

~~~ THE REVOLUTION HAS BEGUN! ~~~
Their home page at http://www.libertyleague.org begins, 'Greetings
Comrades In Exile In Amerika!' And it gets better from there. Real
Americans are encouraged to join Liberty League and resist the encroaching
fascism that threatens our liberties. Download their essay, 'The Most
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enter code 2577 then press #. * Long distance charges only apply.

###

Today's A.L.E.R.T. (America Law Education Rights & Taxation):

October 16, 2002

Pitman Buck, Jr. is one of the true unsung luminaries in the tax education
movement. A long time researcher and among the most incisive of writers,
Pitman probably has more constitutionally trained neurons per cubic inch
than all of the federal district judges in the entire country combined
(Sorry, Pitman, that really wasn't much of a compliment, but everyone gets
the point ;-).

His book 'The Colossal Fraud Of 'Involuntary Perjury'' is on my bookshelf,
and should be on yours. You can grab a copy at
http://www.FreedomCenterUSA.com. Just type 'Pitman' into the 'Search
Products' box on the right side of the home page. The following article is
evidence of his lucid powers of reason and analysis. Enjoy.

***

Confessions And The Income Tax System -- by Pitman Buck, Jr.

Supreme Court Justice Hugo Black declared in United States v. Kahriger,
345 U.S. 22 (1953) that, 'The United States has a system of taxation by
confession.' (Italics added.) In Flora v. United States, 362 U.S. 145
(1960), the Supreme Court stated: 'Our tax system is based upon voluntary
assessment and payment, not distraint.' (Italics added) There are two
kinds of confessions, voluntary and involuntary, so one may ask, to which
kind of confession was Justice Black in Kahriger referring.

Black's Law Dictionary, 6th ed., defines the two kinds of confessions as
follows:

'Confession. A voluntary statement made by a person charged with the
commission of a crime or misdemeanor, communicated to another person,
wherein he acknowledges himself to be guilty of the offense charged, and
discloses the circumstances of the act or the share and participation
which he had in it. See also 18 U.S.C.A. section 3501.' (Italics added.)

'Involuntary confession. Confession is 'involuntary' if it is not the
product of an essentially free and unrestrained choice of its maker or
where maker's will is overborne at the time of the confession. [Citation
omitted.] Term refers to confessions that are extracted by any threats of
violence, or obtained by direct or implied promises, or by exertion of
improper influence. [Citation omitted.]'

Moreover, only one kind of confession is admissible in a court of law:

The Supreme Court has laid down some guidelines to distinguish a voluntary
confession from an involuntary confession. In Rogers v Richmond, 365 U.S.
534 (1961), the court stated, 'The motive of a person in confessing is of
no importance provided the particular confession does not result from
threats, fear, or promises made by persons in actual or seeming
authority.' Over the years, the IRS has mailed CP-518s to hundreds of
thousands of people. Among other things, a CP-518 threatens its recipient
with criminal proceedings, a fine and imprisonment if s/he does not file a
Form 1040 tax return. A form filed under such threats is not a valid
return.

In Townsend v. Sain, 372 U.S. 293 U.S. 293 (1963), at page 307, the
Supreme Court stated: 'If an individual's 'will was overborne' or if his
confession was not 'the product of a rational intellect and a free will, '
his confession is inadmissible because [it was] coerced.' Every year,
millions of people rush to make and file Form 1040 'tax confessions' by
midnight of April 15th. Everyone knows this annual ritual is not done
voluntarily but out of fear, intimidation, threats and coercion; the
courts know this too but accept these bogus confessions as valid, knowing
that statements signed under coercion do not subject their affiants to the
penalties of perjury.

Confessions, admissibility of. Subsections (d) and (e) of Title 18
U.S.C.A. 3501 read: '(d) Nothing contained in this section shall bar the
admission of any confession made or given voluntarily by any person to any
other person without interrogation by anyone, or at any time the person
who made or gave such confession was not under arrest or other detention.
(e) As used in this section, 'confession' means any confession of guilt of
any criminal offense or any self-incriminating statement made or given
orally or in writing.' (Italics added.) I have quoted Subsections (d) and
(e) of the U.S. Code to inform the reader that the legal definition of
'confession' is not restricted or applied solely to persons already
'charged with the commission of a crime or misdemeanor.'

It should be obvious to all but the most obtuse or predisposed mind that a
statement or completed Form 1040 whose jurat was signed under coercion but
purports it was signed under (subject to) the penalties of perjury is a
statement or completed Form 1040 verified by a lie! A valid Form 1040 tax
return, if one actually exists, is an affidavit. By legal definition,
confessions and affidavits are voluntary documents, i.e., documents that
were made of one's own free will. It follows, therefore, that an
individual may not be lawfully required, compelled or otherwise coerced to
confess - on an IRS Form 1040 or any other document - that s/he owes
taxes.

###

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