Anti-Tax Group Makes 'Final Warning' to Federal Government

CNSNews.com ^ | November 15, 2002 | Michael L. Betsch

[H8DEMS]

Washington (CNSNews.com) - A cross-country anti-tax rally culminated in the nation's capital Thursday, with several hundred protestors warning all branches of the federal government to "obey the Constitution, or else."

The conservatives and Libertarians attending the rally said their protest should serve as a wake-up call to lawmakers, but the Anti-Defamation League regards the protest as an "extremist" threat.

"The tax protest movement is a right-wing extremist movement," said Mark Pitcavage, director of fact finding for the ADL. "You're not talking about tax reformers here. You're talking about people who have incredible conspiracy theories about the government."

The ADL considers those who organized and attended the anti-tax rally to be such a serious threat, that the ADL included the group on its monthly calendar of "extremist events." Pitcavage said that the event's organizer - a group called "We The People Congress" - advocates an agenda that is "so far out of the mainstream" that the group has effectively disenfranchised itself from the rest of American society.

"These are people who do not think simply that taxes are too high or want tax reform," Pitcavage said. "They have convinced themselves they do not have to pay taxes and that there's a major government conspiracy designed to cover-up that fact."

Pitcavage also warned that the anti-tax movement is not confined to protest rallies.

"It's also a movement that has been linked strongly to violence; to attacks on IRS agents; to blowing up IRS offices, as well as many other crimes," he said. "There's a great deal of criminal activity associated with the movement."

'Turn back time'

A spokesman for We The People Congress dismissed the ADL's accusations as "an incredible propaganda campaign." Mike Bodine said the sole purpose of the anti-tax rally (called Freedom Drive 2002) is to restore the Constitution to what it was in 1776.

"Frankly, I don't understand how trying to uphold and defend the Constitution of this nation can be construed to be an extremist event by anybody," Bodine said. Unfortunately, we do question government," he added.

According to Bodine, his group has issued four "petitions for redress of grievances" to the federal government. Those petitions challenge the constitutional legitimacy and legality of the federal income tax; the Federal Reserve; the War Powers clause; and the USA Patriot Act.

The first petition states that there is no legal authority for the federal government to enforce the federal income tax on average Americans. He said research conducted by We The People Congress includes the sworn testimony of IRS agents and CPAs who support the group's claim.

The second petition accuses the federal government of auctioning off the U.S. Treasury to the highest bidding corporations, financiers and campaign contributors.

We The People Congress has also demanded that Congress and the president adhere to the Constitution's War Powers clause in the imminent war against Iraq. Bodine said the Constitution mandates that Congress must pass a formal declaration of war before the U.S. can commit troops to battle. A resolution, such as that recently passed by Congress, is not enough, the group insists.

"The reason that they don't make a formal declaration of war anymore, and that we haven't since World War II, is that it's very, very politically difficult to do," Bodine said. "But that's exactly why the Founding Fathers put it in there. It was supposed to be difficult to do."

Bodine said his group's final petition condemns Congress for passing the USA Patriot Act, which he said, contains language that clearly violates the Constitution. According to Bodine, the law makes it legal for law enforcement officials to disregard the "search and seizure" clause contained in the Fourth Amendment.

Armed and angry

"We're trying to give the government a warning, kind of like a final warning," said Rick Stanley, a Denver businessman and member of the Libertarian Party, who recently tried to unseat Sen. Wayne Allard (R-Colo.).

Last March, Stanley released a comprehensive list of demands, including repeal of "all unconstitutional laws" at all levels of government. "In other words, they've been given the petition for redress of grievances many times, and the bottom line is we want them to obey the Constitution...or else," he said.

Asked what "or else" means, Stanley was evasive, but he hinted at armed rebellion, mentioning a "Million Gun March" he is planning for July 4, 2003.

"We're coming [to Washington] to make sure that they [the government] comply with the Constitution and with our petition demands.

"To me, it [the Million Gun March] will be the thing that dislodges the government that has overthrown America from its perch. And what's going to happen is 'We, the people' will be running the government from that day forward."

Stanley and Bob Schulz, the latter the chairman of We The People Congress, are urging anti-tax activists to stop paying their income taxes, which both men claim they already have done.

Stanley said his message to the federal government is clear: "We're cutting off your funding. We're cutting off your money supply."

But Stanley does not believe the vast majority of Americans will join his income tax rebellion against the federal government. He expressed the need for something "bigger" -- that "something" being the "million gun" event.

"On that day, we'll be coming armed," Stanley warned. "And then we're going to have rallies at every state capital in all 50 states [happening] at the same time," he said.

Asked by CNSNews.com how he intends to deal with District of Columbia gun laws (the D.C. code says, "Carrying a handgun in the District is prohibited"), Stanley showed no concern.

"What about D.C.'s gun laws?" Stanley asked. "They're null and void. Anything that violates the U.S. Constitution -- and the Supreme Court has said it probably a thousand times -- it's null and void, as if it never existed," he said.

According to Stanley's website, the million gun march will be held only if at least one million people sign a petition guaranteeing their presence at the march.

[lawdog]

The ADL is a liberal pro-statist entity. It is a private self-appointed organization. They are bucking for Propaganda Ministry. These folks are the liberal jewish establishment that supports the Hillary Klintoon's of the world.The ADL has this site flagged as pro-militia and yes, they mean it in a negative ominous way.

[GregoryFul]

My paper shredder is (8) a destructive device. Does that mean that the Secretary must maintain a central registry of my paper shredder.

What penalties does the Secretary face, if he does not comply with the law?

[IronJack]

"It's also a movement that has been linked strongly to violence; to attacks on IRS agents; to blowing up IRS offices, as well as many other crimes," he said. "There's a great deal of criminal activity associated with the movement."

Of course, he offers no proof of any of this "criminal activity," just a lot of inflammatory and paranoid rhetoric.

And in any case, it's got to be less criminal than a government that enslaves its own citizens, steals their property, and murders the dissenters.

[Lancey Howard]

uh lemme see, no women's vote. slavery. no drunk driving laws... yep! that's what we need /sarcasm

Well, you have to admit, that "women's vote" thing turned out to be

Oh nevermind.

[Poohbah]

You are still confused. There are a few state militias, such as the Mississippi State Guard. But generally the National Guard serves as the state "militia". National Guard officers are U.S. Army Officers and are not appointed by the states.

I'm not confused at all. Senior National Guard officers do serve at the pleasure of the governor (several adjutants general have had to resign over hustling their subordinates for gubenatorial campaign donations). Additionally, I am referring to the state militia. Joe Six-Pack does not have the authority to commission himself a militia officer.

[Poohbah]

I suspect that most who speak losely of such, have no concept of the consequences. Speaking is easy, action of statement is an entirely other matter. Before speaking, they should spend a GREAT deal of time contemplating the gravity, and reality of that road.

Well said.

[GOP_1900AD]

Indeed, a most interesting observation. And now the follow on question, which might have Leftists infiltrated the well meaning group and hijacked them? Were they domestic ones, or, ones from another country who want to divide and conquer the US? Another observation - I have seen screeds similar to those issued by these folks.... on PRAVDA!

[GOP_1900AD]

Moreover, thinking through the harsh realities of this sort of armed rebellion, any putsch, coming from any quarter, would play quite handily into the plans of a number of other nation-states, or nation-state sponsored terror groups, to bring down the USA and either weaken or destroy our geopolitical influence. You can pretty much count on multiple attempts by our enemies to trigger a putsch in the near future. I hope they are all as pathetic and weak as this one appears to be.

[lavaroise]

Those who won WWII are taxing us, namely our US armed forces. As G Gordon Liddy said, taxes are useless in peace times, but they saved our necks for WWII.

Tax protesters work hand in hand with war mongers and starters, dishonoring those who ended the wars, the soldiers, and who have every interest in not having to fight the war, since they were the ones in the line of fire.

[Poohbah]

Indeed. Someone looking to get Uncle less interested in his WMD program might fund these groups, or slip them some toys.

The nightmare scenario: Kim Jong-Il or Saddam Hussein gives a nuclear bomb to someone as sure of his absolute morality as Stanley, but is also completely unknowing of his own human frailties. (Stanley may not understand his own weaknesses and foibles, but I'm giving him the benefit of the doubt.)

Kiss Washington, DC good-bye. Kiss freedom good-bye right after that.

[verity]

These libertarian whack jobs are too funny!

[Middle Man]

The situation is really so simple. There's no need for all these endless citations of case law. Congress and the courts have shown us the way with startling clarity and consistency. Just use this easy-to-follow guide in deciding if you are liable for this...tax:

• Depending on where you live, 16 state appellate courts have ruled that the income tax is a "direct tax"; 20 other state appellate courts have ruled that the income tax is an "indirect, excise tax".

Still unclear? No problem, we'll just go to the federal level:

• Some U.S. circuit courts of appeal agree with some of the states that the income-tax is a "direct-tax". Other federal judges agree with those states that have ruled that it is an "indirect, excise tax".

• The First Circuit says that it doesn't make any difference WHAT kind of tax it is.

• The Second Circuit says that the income tax is "direct" in some cases, and "indirect" in others.

• The Third Circuit has ruled in some cases that "all income taxes are direct taxes", but ruled in other cases that "only some income taxes are 'direct taxes'".

• The Fourth and Sixth Circuits have ruled that the income tax is "indirect".

The tax laws were codified in 1939. In 1954, however, Congress suddenly -- after 15 years -- realized that language in the '39 code was inconsistent with what the courts had ruled the income tax was -- an indirect tax -- and so did a massive overhaul. That didn't clear up the situation either, so in 1986 Congress again rewrote the code, not shrinking but doubling its size.

Constituent complaints weren't stemmed by any of these noble efforts, so Congress stepped up to the plate again in 1998 and passed the IRS Restructuring and Reform Act.

That didn't do the trick either, so Congress tried again with a misnamed "Taxpayer Protection and IRS Accountability Act of 2002", but it failed in a voice vote earlier this year.

Moral of the story: Nobody, not judges, Congress or crusty old posters to this egroup, has any idea what the income tax is or how to administer it. That is one of the many reasons why past commissioners like Margaret Milner Richardson and Charles Rossotti have left the service in disgust. Heading the IRS in this day and age is tantamount to taking on the captaincy of the Titanic after it struck the iceberg.

[mvpel]

You're catching on to the "source" issue in the income tax and Section 861.

When a term, such as "destructive device," is defined in the law and regulations, it means exactly what the law or regulations say it means, not the conventional understanding of its meaning. Even though if you would get affirmative replies if you asked random people on the street if a paper shredder is a destructive device, that's not what matters when it comes to the law.

What matters is the following:

18 USC 921(a)(4) The term ''destructive device'' means -

(A) any explosive, incendiary, or poison gas -
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;

(B) any type of weapon (other than a shotgun or a shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and

(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.

The term ''destructive device'' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.

So, your paper shredder is not a "destructive device," at least when it comes to the tax code for firearms.

[wita]

One of very few who know mr *hitcavage for what he really is. He and mr dees are both on my list.