A recent letter to Fox News and Bill O'Rielly:
Good afternoon Mr. O'Reilly,
I just heard you say on your radio show today that one of your missions is to "right a wrong." Well, there has been a wrong going on in this country for nearly a century, which needs to be corrected. It has to do with the Federal income tax. Most people believe they owe the tax because its always been that way.
I'm a retired US Naval Officer, and I'm here to tell you that the greatest financial fraud in the history of the world has been perpetrated on the citizens of our country. Unless you read the law and understand it, you will likely take the word of tax professionals who have never studied the law. In fact, they have unknowingly become pawns in the exploitation of our citizens.
Here's the "quick and dirty". Per the first amendment, we have the right to petition our government for redress of grievances. One could say that petition clause came from the Declaration of Independence authored by Thomas Jefferson. After Jefferson listed 27 grievances the colonists had with King George,
he wrote,
In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be a ruler of a free people.
We the People Foundation for Constitutional Education, chaired by Mr. Robert Shulz, has petitioned the Federal government with respect to the Federal income tax, and the government refuses to answer the petitions. Last July 19, 2004, "We the People" filed a Right to Petition class action law suit against the Federal government with the First District Court in DC. (I don't believe that Fox News covered that event).
Title 26 USC and the regulations thereunder show that most citizens living and working in the United States do not owe the Federal income tax because their income is exempt. Individual Income that is not exempt is related to foreign or international commerce. (See section 861 and the regulations thereunder.)
Many people believe that the 16th Amendment expanded Congress' power to tax incomes; that is, it permitted Congress to directly tax incomes without apportionment. The purpose of the 16th Amendment, according to the Supreme Court in Brushaber v. Union Pacific (240 U.S. 1), and again in Stanton v. Baltic
Mining (250 U.S. 103) [as well as the regulations in 26 CFR section 39.22(b)-1 (1956), which was long after the 16th Amendment] was to make it clear that the income tax is, and has always been, an indirect excise tax, which never required apportionment.
The Secretary of the Treasury agreed with the court in Treasury Decision 2303.
The provisions of the sixteenth amendment conferred no new power of taxation, but simply prohibited [Congress original power to tax incomes] from being taken out of the category of indirect taxation, to which it inherently belonged, and being placed in the category of direct taxation subject to apportionment.
Excise taxes, generally speaking, are taxes imposed on certain activities or privileges. And since Congress has the power to regulate commerce with foreign nations, they can tax that source of income. Nowhere does Congress have the power to tax commerce within a state, nor can they tax exports of a
state. So citizens living and working within the United States are not subject to Federal income taxes because their the source of income is not derived from foreign or international commerce. Anyone can elect not to pay an "excise" or indirect tax by not participating in the activity being taxed. If I don't drive on the highway, I don't pay the excise tax on gasoline.
Mr. O' Reilly, the devil is in the details. I recommend you or your staff go to
www.taxableincome.net and click on the word "2005: READ THIS FIRST." Then check out
www.givemeliberty.org and review the full page ad placed in the Washington Times this week and the Right to Petition class action lawsuit.
Congress, the Executive Branch (Secretary of the Treasury, IRS, and DOJ) will not answer petitions/questions and are putting citizens in jail without due process.
If you really mean that your mission is to "right a wrong", here's a horrendous wrong that needs to be corrected. We have the Right to Petition, and we have the right to due process. Mr. O'Reilly, are you man enough to take on the system? I hope so. You could do our nation a great service. Or you could be silent, and eventually "we the people" will, over time, expose the fraud and injustice to the citizens via the Internet, advertisements, and word of mouth, so that this fraud will end.
When the government refuses to answer petitions for redress of grievances and jails those citizens who ask questions without having "due process", then we have a government of tyranny of which our forefathers gave their lives to protect against.
"... If ye love wealth better than liberty, the tranquility of servitude than the animating contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!" --Samuel Adams
Yours in Liberty,
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