Old IRS Case Hits The Mark (source unnamed)

Not legal advice, just an interesting story.

Here’s a current (2014) report of an old win over the IRS from someone who was charged with failure to file in 1970, and hasn’t paid any income taxes since. This shows that a birth in a state of a Union does not make you a federal 14th Amendment citizen, and the government might be unwilling or unable to prove that you are, in court, unless perhaps you are registered to vote (as a US citizen) or have other federal benefits, such as perhaps Social Security Number.

BTW, even if they ask us if the Drivers License or other government benefit is yours, we sovereigns know that it is NOT, because it was issued to the legal person NAME, spelled in all caps, which is NOT a man/woman that we are, because the NAME belongs to the STATE, and we only use it as authorized representatives of that NAME.

So called “Sovereign-Citizens” need to follow the example I set in Federal Court in 1970, where I beat the IRS in less than five minutes without filing even one document. 

Read more about it here:

I see that no one has responded to my item here, #82, my challenge to anyone posting here to present or explain the means by which a person born in the United States becomes a citizen thereof. As I previously wrote in #82, I strongly criticize those who refer to themselves as “Sovereign Citizens”, not because they are basically wrong, but because they insist on making their position so complicated and ridiculous even if they don’t understand it.

As I was abandoned as a day old infant 80 years ago, in 1934, I do not know when or where I was born or who my mother was, much less my father, nine months removed.  However, I was not made aware of this until I was thirty, in 1964, at my presumed father’s funeral.  This put me on a quest to learn who “I really was”, which caused me to become aware of facts that most people refuse to even consider, which I have determined is due to the extensive susceptibility of the human mind to mind controlling indoctrination, intended to convert freeborn people into volunteering themselves into being docile pay-triotic tax-payers.

To make a somewhat long story short, there was an income tax rebellion in Southern California in the late 1960s, in which I became a very vocal and effective leader, conducting public meetings several times each week throughout the Los Angeles and Inland Empire area of Southern California, for well over a year.

I had a silent partner in that endeavor who never gave one presentation, never wrote one item against the IRS or income tax and who never had his picture or name plastered on any of thousands of meeting advertising flyers we distributed throughout our area.  I was the one “guilty” of the high crime of telling the truth to those who attended, which numbered in the many hundreds, thousands overall.

We were both charged by the IRS, with criminal willful failure to file and/or pay income tax. My friend and partner went to trial with an attorney, and spent the next 2-1/2 years in Federal Prison. However, I went to trial all on my own, without filing even one document with the Court, and walked out in less than five minutes and have never ever filed or paid income tax and have never ever been further bothered by the IRS. 

However, about three years later I was contacted, personally, at my place of business, by two special agents of the IRS who asked me to help them prosecute another man who had not paid his income tax. I, of course, declined to assist them.

At that time I happened to be walking out to get into my new Cadillac, to go call on potential customers.  The agents were just then driving into the parking lot of my furniture factory. The driver had his window down and called me by name. He did not ask me who I was, he had a picture of me, one of those thousands of tax-protest flyers for the tax rebellion.  They knew who I was and what I was doing and where I was doing it, and they have never ever bothered me for my “failure” to file or pay.

So what was my “magic”?   

As I wrote above, in 1970 I was prosecuted by the IRS in Federal Court in Los Angeles for criminal failure to file or pay income tax. In the opening phase of that criminal prosecution I challenged the IRS prosecutor, during his opening statement, where he had said, “Citizens of the United States have an obligation to blah, blah, blah…”, whereupon I stood and entered my “objection” to his implication that I had incurred the obligations he was mentioning.  I inquired about INTERPRETATION and OPINION. In other words this person objected to the implication that one automatically has  a “statutory duty” to comply.  He clearly realized that statutes apply only to corporations or “person” who have a contractual duty, such as those engaged in “revenue taxable activity”(such as a liquor sales license), or government servants, or to those who operate excise tax based/ licensed activity, with very specific limitations. 

I challenged the Prosecutor to “present documented proof from his existing file, that I had volunteered myself into a condition of servitude to the United States, as would be required under the Thirteenth Amendment in order for me to have incurred the obligations mentioned by that prosecutor”.

When the US prosecutor was unable to do so, the Federal Judge then stated that he was taking the matter under consideration and that I would be notified. That took less than five minutes.  That was forty-four years ago and I am still waiting.  I have never ever filed or paid income tax and I have never ever been bothered by the IRS since that one event in California in 1970.

Neither the Prosecutor (for the IRS) or the Federal Judge in that Federal IRS prosecution mentioned any of the common claims touted by “Sovereign Citizens”.  I didn't have to mention that “my name” was written in all caps in the complaint or that I had failed to file any document objection thereto; nor did they mention the gold fringed United States flag that was on display in the courtroom. 

The one and only issue considered was the ability of the IRS or prosecutor to prove I had volunteered myself into a condition of servitude, as is required, when challenged, under the prohibition of involuntary servitude provision of the Thirteenth Amendment.  Neither did the Prosecutor or Judge ask me if I had a driver license, Social Security number; if I used Federal Reserve Notes or traveled on the government owned roads; had my automobile registered, licensed and insured; or if I had a hunting license; or was a registered voter.

There was no suggestion that my utilization of any of those items would constitute an adhesion contract causing me to have volunteered to submit myself to the political dominion of the Federal or any state government, as is believed and proclaimed by “Sovereign Citizens' ‘. 
TIP: they commonly do try to get you to say something to appear you are under an obligation. Do not testify, EVER – ONLY ask this question over and over.

The licensed BAR association attorney who represented my silent partner in that same income tax rebellion prosecution, failed and refused to raise the challenge I did, which applied to my friend as well as me (and to everyone in this country). The result was 2-1/2 years in prison, and was assessed a fine of $10,000.00 (which he refused to pay).  TIP: This friend may have volunteered his own testimony and gave presumed jurisdiction, just by using an attorney.

If all were to do as I did in that case and file no papers with the court, thus avoid burdening and aggravating the court and prosecutor, and simply raise the challenge of political jurisdiction as soon as the case is called and then stand mute, the court would have no choice but to dismiss. They must be dismissed because there is no possible way anyone can be proven to be a “citizen of the United States”, unless they voluntarily agree to such status in open court! This is the key.

Once the challenge is raised, neither the Prosecutor or Court has no standing to present any manner of questions to the accused. The burden shifts to the complainant;the prosecution, as is established in more than twenty Federal and Supreme Court cases. 

Presenting a birth certificate to be issued a driver license, does establish a subservient contractual relationship to the state, but that falls short of “proving” citizenship.  

Prior to the birth certificate presentation the state has ZERO political dominion over anyone born on this land. “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”  Before a party can be tried for a purported violation, the charging party must first establish political jurisdiction that would cause the party to be obligated to conform to whatever violation was alleged. By asking this main question vs answering or hiring an attorney you can prevent the political jurisdiction establishment. 

This means that the only criminal violations chargeable would need to be made under the Common Law, not under any statute created by any legislation of any political organization.  Any other interpretation would be deemed absurd under the SCOTUS ruling in Holy Trinity Church v. United States.

The Preamble establishes that the purpose of the Constitution was/is, to secure the Blessings of Liberty to the People of the United States and their posterity.  This wording excludes any application to mere citizens.

The wording of the Fourteenth Amendment does not establish citizenship but it does establish that those who volunteer themselves into that status are subject to the jurisdiction thereof, meaning under the authority of the President (to Biden etc)! Citizens of the United States have ZERO protection in the Bill of Rights.  Obama told the truth when he said he was not going after gun protections established in the Second Amendment.  Obama is not going after the People’s guns, Obama is going after the guns of United States citizens, who have no clue what it means). Under the Fourteenth Amendment he DOES have Constitutional standing to do just that and just to those poor clueless people!

Due to time and space considerations I do not always present all of the details in that 1970 “victory”.  I put “victory” in quotes because I did not get a judicial ruling in my favor in that prosecution; what I got was a Federal Judge putting the matter on terminal hold, because the government could not win and dared not lose.  (More on that below).

As I did mention in my post above, it is more than a little significant that I was contacted a few years later at my furniture manufacturing company, where I was doing very well, by two IRS Special Agents gathering evidence to prosecute a man for whom I had built a two story addition to his house before I entered furniture manufacturing.  That man had paid me, partially, with a two thousand dollar cashier’s check, which those IRS agents wanted me to validate.  I declined to volunteer, as the 5th amendment protects.

The important point there is that those IRS agents knew very well what I was doing and where I was doing it but never bothered me. I operated that manufacturing company, very profitably, for twenty-two years without ever being bothered by the IRS.  My office staff withheld taxes from all our 70-80 employees and paid that over to the IRS, but I was never included in any of those transactions. I was a talk radio host on two different stations for about three years, mentioning these matters many times, but never bothered by the IRS.

I became acquainted about eighteen months ago with an elderly woman who had entered into an agreement with the IRS to pay $600.00 per month on her past taxes. Shortly after we became acquainted she informed me of this and that she had mailed her second payment just two days prior.  I told her that if it were me, I would call the bank and put a stop payment order on that second check and send a letter to the IRS challenging its ability to provide evidence supported by a fact witness, indicating I had willingly, knowingly and intentionally, being fully informed of the negative consequences thereof prior thereto, had voluntarily agreed to submit myself to the political dominion of the United States government. One simple question, that's it!

She then called her bank, entered the stop payment order, and sent her letter to the IRS.  A couple weeks later she received a demand letter from a different IRS office. I informed her that if it were me I would send a similar letter to that second office, including a copy of the letter to the first office, which she did then do.  A couple weeks later she received a demand letter from the tax board of the state where she lives. She then sent the state office a similar letter and included copies of her letters to the two IRS offices. That was well over a year ago.  I have not been informed by her since, that she has received further communications from any of those tax offices.

As to the duration, from back in 1970 to now, how has the Thirteenth or Fourteenth amendments changed?  In your comment you include items with several references to the citizenship clause of the Fourteenth Amendment.  There is no wording in the 14th that declares anyone to be a citizen of the United States due to birth.  I know that “everyone” seems to accept that the 14th declares citizenship due to birth, however, there is simply no such citizen by birth declaration in the 14th Amendment.

Pay attention to the words and grammatical structure, and also to the prohibition of involuntary servitude provision of the Thirteenth Amendment.  Is it not self evident that citizenship constitutes a condition of servitude, that therefore, the 13th would prohibit citizenship by birth? (More on both of those below).

As the state has become the owner of the name under Arkansas Code, Title 18, 28. 202, five years after the BC was recorded with the state, the state is able to use its ownership of that name as the means by which the state is able to induce free born individuals to volunteer themselves into a subservient relationship to the state; due to the “Natural” lust of a sixteen year old to be issued a driver license. During that DL issuing process, as the preliminary requirement, the state owned name becomes the “true legal name” of the applicant. Title 18, 28, 202 is Arkansas’ abandoned property statute. Section 202 is a catch all section that includes all abandoned property not specified in any previous section. All Fifty of the States have similar provisions in their abandoned property statutes.

Thereafter, every time the individual engages in any “activity” or benefit under that state owned name, that individual must conform to the rules established by the state.

So when did you volunteer?  As for the Civil Rights Act of 1866, if it actually caused anyone to be a citizen then why did the Judge in my 1970 criminal prosecution by the IRS not declare I was a citizen based on that Act?  The judge in that case Federal criminal prosecution did not declare I had won, nor indicate the IRS had lost. The judge said he was taking the matter under “consideration” and I would be notified. That gave him all the time he or the IRS needed to do whatever research he or the IRS chose to engage in, in order to come up with something to overcome my Thirteenth Amendment argument. I am still waiting!

Additionally, the Act of 1866 would be nullified by the prohibition of involuntary provision of the Thirteenth Amendment.  Acts of Congress cannot override Constitutional provisions. The basis on which I proceeded then and to this day, has never been founded on any acts of Congress. My argument is based on Natural Law, the basis this country was founded on, and the Thirteenth and Fourteenth amendments.  Primarily the 13th Amendment.

What is the benefit of citizenship to a person born here on this land?  The 14th Amendment strips all those born here who volunteer themselves into citizenship, of any and all protections of the Bill of Rights (except as allowed from time to time, to maintain the farce).

Remember when we used to hear “Sovereign-Citizens” complain when traffic court judges ordered them to not mention the Constitution in their courts?  Those judges were commonly accused of ignoring the Constitution when, in truth, they were simply following the Fourteenth Amendment (you volunteered).

A careful reading of the so-called “citizenship clause” of the 14th, will reveal that such a clause does not declare anyone to be a citizen. If it did, the Federal Judge in the IRS criminal prosecution of me in 1970, would have immediately overruled my objection, and I would have been convicted and sent to prison for a lot more than the 2-1/2 years that my partner, who had never presented any public speeches against the IRS, was sentenced to.  I was the one the IRS was really after! Rather than answer, I asked the right question and stayed on point, placing the burden of proof on theme, and not me.

The wording of the 14th Amendment with its purported “citizenship clause” is as follows: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

The wording is NOT, “All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside.”

What is Freedom? “Freedom is the societal condition that will exist when everyone has full. (100%) control over their own property and all the derivatives thereof.” A.J. Galambos, Founder, The Free Enterprise Institute.

In my extensive research and studies of this issue, I have determined that none of this serves to establish forced “citizenship”.  Citizenship is acquired simply by claiming thereof.  Citizenship is NOT assigned by the government, not by any statute, and certainly NOT in the Fourteenth Amendment, as I addressed in considerable detail in my previous comment posted hereon.”

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It seems to me that the 14th Amendment means that you’re a federal US citizen if you are “born or naturalized in the United States”, and AT PRESENT moment are subject to the jurisdiction thereof.  In other words, in order to be recognized as a  US citizen, you have to be born in the United States AND be inside the District of Columbia, OR if you voluntarily subject yourself to federal US jurisdiction by consent or by accepting a benefit, at that time.

And that would make sense, since, while Congress has power to make those born in the District of Columbia federal citizens, it does NOT have power to make the sovereign-people in the States of the Union, into forced US citizens, unless they VOLUNTEER by “claiming” themselves to be US citizens.  Remember, in the States, Congress has no power except for regulating interstate commerce and for matters within the District of Columbia and the U.S. territories.