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WHAT ?


The US Tax Code and the Code of Federal Regulations show that income for most Americans is "excluded, or eliminated for federal income tax purposes." You can easily see this with a computer because the Income Tax has been codified.


Download 26-CFR:
* orig. source: GPO

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Or Compile your own copy of 26-CFR (we'll tell you how to make a complete copy of all sections from the GPO, something even they didn't bother to do until late 2004 [2005]... Not fun, but possible).

See How to Search

 

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Poor Albert, he didn't have a computer, and didn't know  "how to determine taxable income". Unfortunately for us, he left such critical thinking to his accountants.

"The hardest thing in the world to understand is income tax."
-Einstein

Wrong! Tax is easy.
See: PDF - Tax law

 

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Did you know the Income Tax/Money Scam has been made into a movie?

Aaron Russo, who made the movies "The Rose" with Bette Midler, and "Trading Places" with Eddie Murphy, made a movie that exposes the politicians and their income tax fraud.

You can watch this movie free on Google Video.

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Analysis
Source: 26 CFR (April 1, 2004) & 26 USC (Jan. 22, 2002)

 

Search for “excluded income”

"the rules... for determining taxable income" (1 file found)

Please ... Just search the code.These 6 words are found together only once in the entire tax law. You can confirm this on your own computer. It cannot be confused. It is written only once & states "the rules" are written in Sec. 861, as shown by the weight of evidence above.

More search results

 

 

Tax Law Basics

  1. They're just politicians. “The Politician” ... by Red Skelton
    Lawmakers (i.e. politicians)
    write statutes which are codified in the United States Code (26USC). Search tax law - 26 U.S.C.







  2. You serve your master well.


    Search tax law - 26 C.F.R.Treasury Secretary
    reads and interprets 26USC then writes regulations in the Code of Federal Regulations (26CFR). These are the administrative laws for citizens & the IRS to follow.







  3. According to the experts at the IRS

    According to the IRS ...

    ... Federal tax law "begins" with 26 U.S.C. + "(26 C.F.R) ... Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off" = Tax Law


    Federal tax law "begins" with 26 U.S.C."Federal tax law begins with the Internal Revenue Code (IRC), enacted by Congress in Title 26 of the United States Code (26 U.S.C.)."
    - IRS www.irs.gov/taxpros/article/0,,id=98137,00.html

    "(26 C.F.R) ... Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off""Treasury Regulations (26 C.F.R.)--commonly referred to as Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off"
    - IRS www.irs.gov/taxpros/article/0,,id=98137,00.html#26cfr

    Income Tax fact 26USC + 26CFR = Tax Law




  4. All income is exempt, except taxable income. Fact

    Is it taxable income or excluded income?
    All income is "excluded income"

    ... except taxable income.

    I said, Shut your mouth, Boyyyy!
    Shut your mouth, Boy!



  5. It's the law, regardless of location.
    According to ...
    Title 26 USC Sec 7806, Construction of title
    (b) Arrangement and classification
    No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect.

    Location doesn't matter ... Put them farther apart.Among other things, this means...

    1. Sections or portions of law don't have to be written together, but in fact, required sections can be located hundreds of sections apart from each other. (i.e. Sec. 1 "upon taxable income" might require Sec. 861 "how to determine taxable income")
    2. Tables, outlines, analysis, descriptions of contents, have no "legal effect," i.e. only the words within are law.

 

 
Where to Search Tax Law

Don't believe anything, search the law... yourself Tax statutes and regulations used in this analysis were copied directly from the Government Printing Office website. The GPO - The disseminator of official information.

"The U.S. Government Printing Office disseminates official information from all three branches of the Federal Government." - http://gpoaccess.gov

You can search or download the United States Code (26USC), & the Code of Federal Regulations (26CFR) at the following...

Federal tax law begins with 26 U.S.C. Search 26USC

Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off Search 26CFR

See How to Search & more CFR downloads

 

 

"Prescribing Rules"


As simple as A, B, C, here is what federal tax regulations say about taxable income ...

Source: eCFR

Taxable income

A. "The tax imposed is upon taxable income" - 26CFR1.1-1

Income Tax fact "how to determine taxable income" - Sec. 861-8

 

 

 

 

A specific source must first be determined

B. "gross income from a specific source ... must first be determined in order to arrive at “taxable income” - 26CFR1.861-8(a)(4)

Income Tax fact "specific sources" - Sec. 861-8

 

 

 

 

Is it taxable income or excluded income?

 

 

C. "The taxpayer's taxable income from sources within or without the United States will be determined under the rules of Secs. 1.861-8 through 1.861-14T for determining taxable income from sources within the United States." - 26CFR1.863-1(c)

Income Tax fact "excluded income" - Sec. 861-8 & Sec. 861-8T

Income Tax fact "eliminated income" - Sec. 861-8 & Sec. 861-8T

Income Tax fact "eliminated items" - Sec. 861-8T

Income Tax fact "exempt income ... defined" - Sec. 861-8T The Income Tax Law

Income Tax fact "income that is not ... exempt" - Sec. 861-8T i.e. taxable The Income Tax Law

 

 


Analysis
"Terms can have different meanings when used in law... show me the legal definition."
- Law Professor

 

1. Imposed on "taxable income"

Federal tax law begins with 26 U.S.C.

26 USC 1
"There is hereby imposed on the taxable income ... a tax"

“Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off” - IRS.gov
Search tax regulations

Search for “taxable income” (i.e. “taxable income” - in HTML quotes). Notice What's in Sec. 861?

 

 

2. Definition of "taxable income"

Federal tax law begins with 26 U.S.C.

26 USC 63
(a) In general
"the term ``taxable income'' means gross income minus the deductions allowed by this chapter (other than the standard deduction)..."

“Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off” - IRS.gov Search tax regulations

Search for “deductions” (i.e. “deductions” - in HTML). Notice What's in Sec. 861? ... “eliminated income”

 

 

3. Definition of "gross income"

Federal tax law begins with 26 U.S.C.

26 USC 61
-HEAD-
Sec. 61. Gross income defined

-STATUTE-
(a) General definition
Except as otherwise provided in this subtitle, gross income means all income from whatever source derived...

“Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off” - IRS.gov

26 CFR 1.61-1
Sec. 1.61-1 Gross income.
"(a) General definition. Gross income means all income from whatever source derived, unless excluded by law."

Question "Except" what? ... "Unless" what?

26 CFR 1.61-1
"(b) ... common items ... are included in or excluded from gross income entirely ... To the extent that another section of the Code or of the regulations thereunder, provides specific treatment for any item of income, such other provision shall apply"

Income Tax fact Facts: 1) "common items" are excluded "entirely". 2) Other provisions shall apply.

 

Observe both the CFR and USC are showing:

  1. "all income from whatever source... unless excluded" (CFR 61)
  2. "Except as otherwise provided... all income from whatever source" (USC 61)
  3. These are "General definitions" (CFR 61 and USC 61), so specific definitions or instructions must exist somewhere in codified form.
  4. USC 63 says "In general... ``taxable income'' means gross income minus the deductions" (USC 63) i.e. taxable income = gross income minus deductions
  5. *Cross references in USC Sec. 61 and USCA Sec. 61 refer to Section 861. (These are disappearing from new editions)
  6. Only CFR Sec. 861 prescribes the "rules... for determining taxable income".
  7. Sec. 61-1 mentions "gross income" nine times, but Sec. 861-8 mentions "gross income" over 200 times. Specific treatment?
  8. More common items are excluded from gross income entirely...
    "The purpose of these cross references is to direct attention to the more common items which are included in or excluded from gross income entirely, or treated in some special manner. To the extent that another section of the Code or of the regulations thereunder, provides specific treatment for any item of income, such other provision shall apply" - CFR 1.61-1 (b)

*Cross References below

 

Question What "common items" can be "excluded from gross income entirely"?

Income Tax fact "gross income enumerated in section 61"

26CFR1.861-8(a)(3)
What's in Sec. 861? ... “gross income may include excluded income”"Class of gross income. For purposes of this section, the gross income to which a specific deduction is definitely related is referred to as a ``class of gross income'' and may consist of one or more items (or subdivisions of these items) of gross income enumerated in section 61"
26CFR1.861-8(b)
What's in Sec. 861? ... “how to determine taxable income”"in a taxable year there may be no item of gross income in a class... and... gross income may include excluded income."

Only "gross income means all income", but all income is not “taxable income”.

 

 

4. Finding the "source"

Question What "specific sources" are taxable? What is "otherwise provided"?

26 USC Sec. 61
"(a) General definition
Except as otherwise provided in this subtitle, gross income means all income from whatever source"

Besides the fact income tax is imposed upon taxable income, not gross income, this is only a "General definition". Where are specifics, "as otherwise provided"?

Commonplace
A "commonplace [rule] of statutory construction" is that the "specific governs the general." Doe v. National Bd. of Medical Examiners, 199 F.3d 146, 154-55 (3d Cir. 1999) (quoting Morales v.Trans World Airlines, Inc., 504 U.S. 374,384 (1992)) www.ca3.uscourts.gov/opinarch/024602p.pdf

Income Tax fact "specific guidance": (1 file found in Part 1, Income Taxes)

26CFR1.861-8
(a) In general--(1) Scope.

What's in Sec. 861? ... “specific sources”... This section provides specific guidance for applying the cited Code sections by prescribing rules for the allocation and apportionment of expenses, losses, and other deductions (referred to collectively in this section as ``deductions'') of the taxpayer. The rules contained in this section apply in determining taxable income of the taxpayer
Income Tax fact "gross income from a specific source": (1 file found)
What's in Sec. 861? ... “gross income from a specific source”26CFR1.861-8
(a) (4) Statutory grouping of gross income and residual grouping of gross income. For purposes of this section, the term ``statutory grouping of gross income'' or ``statutory grouping'' means the gross income from a specific source or activity which must first be determined in order to arrive at ``taxable income'' from which specific source or activity under an operative section. (See paragraph (f)(1) of this section.) Gross income from other sources or activities is referred to as the ``residual grouping of gross income'' or ``residual grouping.''
... In some instances, where the operative section so requires, the statutory grouping or the residual grouping may include, or consist entirely of, excluded income. See paragraph (d)(2) of this section with respect to the allocation and apportionment of deductions to excluded income.

Income Tax fact "taxable income from specific sources": (1 file found)
What's in Sec. 861? ... “taxable income from specific sources”26CFR1.861-8(f)(3)(ii)
Relationship of sections 861, 862, 863(a), and 863(b). Sections 861, 862, 863(a), and 863(b) are the four provisions applicable in determining taxable income from specific sources. Each of these four provisions applies independently.


Business owners may find this interesting...

"determination of source of taxable income": (3 file(s) found)

26CFR1.863-3 (d)
What's in Sec. 861? ... “deductions to excluded income”Determination of source of taxable income. Once the source of gross income has been determined under paragraph (c) of this section, the taxpayer must properly allocate and apportion separately under Secs. 1.861-8 through 1.861-14T the amounts of its expenses, losses, and other deductions to its respective amounts of gross income...

The taxpayer "must" allocate deductions under Sec. 861. It's mandatory.

The "specific governs the general".

"gross income from a specific source ... must first be determined in order to arrive at “taxable income” - 26CFR1.861-8(a)(4)

The Income Tax Law "specific sources" (3 matches, in 1 file) eCFR Title 26

Income Tax fact

26CFR1.861-8
(a) In general--(1) Scope.

What's in Sec. 861? ... “specific sources”... The rules contained in this section apply in determining taxable income of the taxpayer from specific sources and activities under other sections of the Code, referred to in this section as operative sections. See paragraph (f)(1) of this section for a list

 

Cross References

The following Cross Reference can be found in 26USC Sec. 61 (1994 edition) & 26USCA Sec. 61 (2002 edition). Note, Cross References are disappearing, and are no longer being printed in new editions of the USC.

Title 26 USC Sec. 61
Cross references

What's in Sec. 861? ... “excluded income”Income from sources-
Within the United States, see section 861 of this title.
Without the United States, see section 862 of this title.

According to USC Sec. 7806(b), cross references have no legal effect. They are only tools for the location of certain subjects. However, the cross reference is itself a law with its own legal effect.

Note: There are Amendments in Subchapter N - Notes, and Subchapter N Part I - Notes, which show SOURCE RULES AND OTHER GENERAL RULES RELATING TO FOREIGN INCOME used to be titled DETERMINATION OF SOURCES OF INCOME. This title substitution occurred in 1988.

Federal tax law begins with 26 U.S.C.

26 USC 861
What's in Sec. 861? ... “gross income may include excluded income”Sec. 861. Income from sources within the United States

(a) Gross income from sources within United States
(b) Taxable income from sources within United States


26 USC 862
Sec. 862. Income from sources without the United States

(a) Gross income from sources without United States
(b) Taxable income from sources without United States

“Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off” - IRS.gov

26CFR1.861-1
Sec. 1.861-1 Income from sources within the United States.

What's in Sec. 861? ... “gross income may include excluded income”(a) Categories of income. Part I (section 861 and following), subchapter N, chapter 1 of the Code, and the regulations thereunder determine the sources of income for purposes of the income tax...

(a)(1) Within the United States.
See Secs. 1.861-8 and 1.863-1.

(2) Without the United States.
See Secs. 1.862-1 and 1.863-1.

(3) Partly within and partly without the United States.
See Secs. 1.863-2 to 1.863-5, inclusive.


'Whatever source' must first be separated between within & without the United States.

If instructions are provided only once they cannot be confused.

According to the code, we must determine our taxable income, and this requires "the rules... for determining taxable income".

26CFR1.861-1(b)
What's in Sec. 861? ... “specific guidance”Taxable income from sources within the United States. The taxable income from sources within the United States shall consist of the taxable income described in paragraph (a)(1) of this section plus the taxable income allocated or apportioned to such sources, as indicated in paragraph (a)(3) of this section.

Following this regulation points us to two lists. One list providing sources of taxable income, and the other list providing items of income that are taxable. These lists show that only our foreign sources and items are taxable for a US citizen. First, we see paragraph (a)(1) as instructed above.

What's in Sec. 861? ... “eliminated for federal income tax purposes”861-1 paragraph (a)(1)
...taxable income from sources within the United States... See Secs. 1.861-8 and 1.863-1.

861-1 paragraph (a)(3)
Partly within and partly without the United States. The taxable income allocated or apportioned to sources within the United States... shall be determined in accordance with section 863 (a) or (b). See Secs. 1.863-2 to 1.863-5, inclusive.

26CFR1.863-1
What's in Sec. 861? ... “specific sources”(c) Determination of taxable income. The taxpayer's taxable income from sources within or without the United States will be determined under the rules of Secs. 1.861-8 through 1.861-14T for determining taxable income from sources within the United States.

If we follow any of the previous references, they all lead to CFR Sec. 861-8. The regulations are based on the USC "in accordance with section 863 (a) or (b)." So, next we examine 861-8.

"how to determine taxable income" Taxable income

26CFR1.861-8
What's in Sec. 861? ... “eliminated items”"Sec. 1.861-8 Computation of taxable income from sources within the United States and from other sources and activities.

(a) In general--(1) Scope.
...how to determine taxable income of a taxpayer from sources within the United States after gross income from sources within the United States has been determined...
What's in Sec. 861? ... “allocation and apportionment of expenses”... This section provides specific guidance for applying the cited Code sections by prescribing rules for the allocation and apportionment of expenses, losses, and other deductions (referred to collectively in this section as ``deductions'') of the taxpayer. The rules contained in this section apply in determining taxable income of the taxpayer from specific sources and activities under other sections of the Code, referred to in this section as operative sections. See paragraph (f)(1) of this section for a list and description of operative sections."

Before examining the list in paragraph (f)(1), the rule above says "to determine taxable income... after gross income... has been determined." A rule below shows "gross income from a specific source... must first be determined in order to arrive at 'taxable income.' " The rules below also show that "gross income... is referred to as a class of gross income" and that "a class of gross income may include excluded income." They also say that gross income is known as a "statutory grouping of gross income," and "may include, or consist entirely of, excluded income."

26CFR1.861-8
What's in Sec. 861? ... “class of gross income”(a)(3) Class of gross income.
... gross income ... ...is referred to as a ``class of gross income'' and may consist of one or more items (or subdivisions of these items) of gross income enumerated in section 61, namely:
(i) Compensation for services, including fees, commissions, and similar items;
(ii) Gross income derived from business;
(iii) Gains derived from dealings in property;
(iv) Interest;
(v) Rents;... (and more items)

26CFR1.861-8
What's in Sec. 861? ... “gross income enumerated”(a) (4) Statutory grouping of gross income and residual grouping of gross income. For purposes of this section, the term ``statutory grouping of gross income'' or ``statutory grouping'' means the gross income from a specific source or activity which must first be determined in order to arrive at ``taxable income'' from which specific source or activity under an operative section. (See paragraph (f)(1) of this section.) Gross income from other sources or activities is referred to as the ``residual grouping of gross income'' or ``residual grouping.''
... In some instances, where the operative section so requires, the statutory grouping or the residual grouping may include, or consist entirely of, excluded income. See paragraph (d)(2) of this section with respect to the allocation and apportionment of deductions to excluded income.

26CFR1.861-8
What's in Sec. 861? ... “allocation and apportionment of deductions”(b) Allocation--(1) In general. For purposes of this section, the gross income to which a specific deduction is definitely related is referred to as a ``class of gross income'' and may consist of one or more items of gross income. The rules emphasize the factual relationship between the deduction and a class of gross income. See paragraph (d)(1) of this section which provides that in a taxable year there may be no item of gross income in a class or less gross income than deductions allocated to the class, and paragraph (d)(2) of this section which provides that a class of gross income may include excluded income.

26CFR1.861-8
What's in Sec. 861? ... “gross income may include excluded income”(d) Excess of deductions and excluded and eliminated income-(1) Excess of deductions. Each deduction which bears a definite relationship to a class of gross income shall be allocated to that class in accordance with paragraph (b)(1) of this section even though, for the taxable year, no gross income in such class is received or accrued or the amount of the deduction exceeds the amount of such class of gross income. In apportioning deductions, it may be that, for the taxable year, there is no gross income in the statutory grouping (or residual grouping), or that deductions exceed the amount of gross income in the statutory grouping (or residual grouping). If there is no gross income in a statutory grouping or the amount of deductions allocated and apportioned to a statutory grouping exceeds the amount of gross income in the statutory grouping, the effects are determined under the operative section.
(2) Allocation and apportionment to exempt, excluded, or eliminated income. [Reserved] For guidance, see Sec. 1.861-8T(d)(2).

Income Tax fact "taxable income of the taxpayer from specific sources ... See paragraph (f)(1)" - Sec. 861-8

 

 

5. "excluded income"

All income is “excluded income”, except taxable income.Question What is exempt, excluded, or eliminated for federal income tax purposes?

Income Tax fact Search eCFR for...

  1. “exempt income” (“exempt income” with HTML code)
  2. excluded income (no quotes)
  3. eliminated income
  4. eliminated items
26CFR1.861-8
What's in Sec. 861? ... “specific guidance”(a)(4) ...In some instances, where the operative section so requires, the statutory grouping or the residual grouping may include, or consist entirely of, excluded income. See paragraph (d)(2) of this section with respect to the allocation and apportionment of deductions to excluded income.


26CFR1.861-8(b)
What's in Sec. 861? ... “gross income may include excluded income”Allocation--(1) In general. For purposes of this section, the gross income to which a specific deduction is definitely related is referred to as a ``class of gross income'' and may consist of one or more items of gross income. The rules emphasize the factual relationship between the deduction and a class of gross income. See paragraph (d)(1) of this section which provides that in a taxable year there may be no item of gross income in a class or less gross income than deductions allocated to the class, and paragraph (d)(2) of this section which provides that a class of gross income may include excluded income.


26CFR1.861-8(d)(2)
What's in Sec. 861? ... “income that is exempt or excluded”Allocation and apportionment to exempt, excluded, or eliminated income. [Reserved] For guidance, see Sec. 1.861-8T(d)(2).


26CFR1.861-8T(d)(2)(ii)
What's in Sec. 861? ... taxable income AND excluded income, togetherSec. 1.861-8T Computation of taxable income from sources within the United States

(d) Excess of deductions and excluded and eliminated items of income.

(d)(2) Allocation and apportionment to exempt, excluded or eliminated income--(i)... ...the following rules shall apply to take account of income that is exempt or excluded, or assets generating such income, with respect to allocation and apportionment of deductions.

Income Tax fact "Exempt income means any income that is ... exempt, excluded, or eliminated for federal income tax purposes."

26CFR1.861-8T(d)(2)(ii)
What's in Sec. 861? ... “how to determine taxable income”Exempt income and exempt asset defined--(A) In general. For purposes of this section, the term exempt income means any income that is, in whole or in part, exempt, excluded, or eliminated for federal income tax purposes.

All income is exempt, except taxable income. Notice, "exempt income" has been defined, but not listed, because...

Taxable income OR excluded income?
Income Tax fact All income is "exempt income"

... except "taxable income"

Hint:
Search eCFR for <i>exempt income</i>
(copy & paste, as is, include HTML tags <i></i>)

Shut the hell up!

We said shut your mouth, boy!

 

 

6. "taxable income" - The List

Tax Question What "income" is not exempt? U.S. Federal Income tax law fits on just one page. ... And, what "items"?

(You already knew ... a list of taxable income had to be written down somewhere. Isn't that the purpose for making a rulebook ... to have a list?)

Don't believe us... Search the Government's own search engine for “excluded income”

The law is in Sec. 861. 26CFR1.861-8T(d)(2)(iii)
Income that is not considered tax exempt. The following items are not considered to be exempt, eliminated, or excluded income and, thus, [are taxable and] may have expenses, losses, or other deductions allocated and apportioned to them:
(A) In the case of a foreign taxpayer (including a foreign sales corporation (FSC)) computing its effectively connected income, gross income (whether domestic or foreign source) which is not effectively connected to the conduct of a United States trade or business;
(B) In computing the combined taxable income of a DISC or FSC and its related supplier, the gross income of a DISC or a FSC;
(C) For all purposes under subchapter N of the Code, including the computation of combined taxable income of a possessions corporation and its affiliates under section 936(h), the gross income of a possessions corporation for which a credit is allowed under section 936(a); and

Income Tax fact

(D) Foreign earned income as defined in section 911 and the regulations thereunder (however, the rules of Sec. 1.911-6 do not require the allocation and apportionment of certain deductions, including home mortgage interest, to foreign earned income for purposes of determining the deductions disallowed under section 911(d)(6)).

Income Tax factThe Income Tax Law Fact: Only "Foreign earned income" is taxable income. (not exempt)

I ... am a slave?

And it fits on just one page.

The rules explain which items of gross are "Income that is not considered tax exempt" and that "where the operative section so requires, the statutory grouping or the residual grouping may include, or consist entirely of, excluded income."

Rules also say, "If there is no gross income in a statutory grouping... the effects are determined under the operative section."

Tax Question Where are the "operative sections of the Code which require the determination of taxable income of the taxpayer"?

Income Tax fact "operative sections" (10 matches in 3 files) eCFR Title 26

26CFR1.861-8(f)(1)
What's in Sec. 861? ... “operative sections”(f) Miscellaneous matters--(1) Operative sections. The operative sections of the Code which require the determination of taxable income of the taxpayer from specific sources or activities and which give rise to statutory groupings to which this section is applicable include the sections described below.

(i) ...the statutory grouping is foreign source income
(ii) [Reserved]
(iii) DISC and FSC taxable income... Sections 925 and 994...section 925...
(iv) Nonresident alien individuals and foreign corporations engaged in trade or business within the United States...under sections 871(b)(1) and 882(a)(1)...873...
(v) Foreign base company income... Sec. 954
(vi) Other operative sections...(more foreign)

Did you notice the "operative sections" actually excluded the income of most Americans from the list of "sections of the Code which require the determination of taxable income"?

Again, these sections "are the four... applicable", and "Each... applies independently."

26CFR1.861-8(f)(3)(ii)
What's in Sec. 861? ... “specific sources”Relationship of sections 861, 862, 863(a), and 863(b). Sections 861, 862, 863(a), and 863(b) are the four provisions applicable in determining taxable income from specific sources. Each of these four provisions applies independently.

 



Principles of Statutory Construction

Question What if your "specific sources" are not listed in 26CFR1.861-8(f)(1), or your "items of income" are not listed in 26CFR1.861-8T(d)(2)(iii) ?

Income Tax fact Law Dictionaries

"expressio unius est exclusio alterius":

• New Latin, the explicit mention of one (thing) is the exclusion of another : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded.
Source: FindLaw.com Dictionary

• The expression of one thing is the exclusion of another.
Source: legal-dictionary.thefreedictionary.com/Expressio+unius+est+exclusio+alterius

• [w]hen certain ... things are specified in a law,... an intention to exclude all others from its operation may be inferred.
Source: Black's Law Dictionary 581 (6th ed. 1990)

Income Tax fact Previous Cases

"Under the well established, common-sense canon of statutory construction, known as expressio unius est exclusio alterius, the "mention [by Congress] of one thing [in a statute] implies exclusion of another thing." Ethyl Corp. v. EPA, 51 F.3d 1053 (D.C. Cir. 1995)."
http://www.fanniemae.com/global/pdf/media/issues/appendixb121301.pdf

"A relevant principle of statutory construction is that omissions from an express statutory list are deemed excluded from the statute's coverage or application. See Fantasia Restaurant & Lounge, Inc. et al. v. New Castle County Board of Adjustment, 735 A. 2d 424, 430 (Del. Super. 1998). "
http://www.state.de.us/attgen/main_page/opinions/2003/03-ib18.htm

"This court has consistently applied the rule of expressio unius est exclusio alterius -- the express inclusion of a provision of a statute implies the exclusion of another -- in interpreting statutes." (Citing Keliipuleole v. Wilson, 85 Hawaii 217, 227, 941 P.2d 300, 310 (1997)"
http://www.state.hi.us/jud/23153dis.htm

"Familiar principles of statutory construction teach that Congress is presumed to be aware of judicial interpretations of the law, and that when Congress enacts a new statute incorporating provisions similar to those in prior law, it is assumed to have acted with awareness of judicial interpretations of the prior law. See Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Curran, 456 U.S. 353, 382 n.66 (1982); Lorillard v. Pons, 434 U.S. 575, 589 (1978); Kelly v. United States, 849 F.2d 1049, 1052 (Fed. Cir. 1987)."
http://www.law.emory.edu/fedcircuit/aug97/96-5130.html

The "rules" are based on the statutes, thus both use the same principles of construction.

Question What about 26CFR1.1-1(b)?

(b) Citizens or residents of the United States liable to tax. In general, all citizens of the United States, wherever resident, and all resident alien individuals are liable to the income taxes imposed by the Code whether the income is received from sources within or without the United States.

Income Tax fact Liable To ≠ Liable For
"In general, all...are liable to the income taxes". But, this does not tell us what we are liable for. And, this does not tell us what is taxed or excluded, or who is taxed on "whatever source". But Sec. 861 does.

(Sec. 1-1(b) also says, "taxes imposed by the Code", but the Code says "The tax imposed is upon taxable income.")

When are we liable?There is a difference between being "liable to" and "liable for" something.

We are, in general, liable to break things (laws, etc.), but we are Not specifically liable for breaking things (laws, etc.), unless we have broken them.

If your pet bull in the china shop doesn't break anything, you're off tax-free. We are liable to the income taxes imposed, but we are Not liable for any income taxes, unless we have taxable income.

We "are subject to tax under section 1 and section 11", Great-West Life Assur. Co. V. United States, 230 Ct. Cl. 477, 678 F.2d 180, 183 (1982), but what we are subject "for" is specifically determined by the rules written in CFR Sec. 861.

 

Cardinal Canon: Unambiguous & Complete

As the Supreme Court has explained: "[I]n interpreting a statute a court should always turn to one cardinal canon before all others. . . .[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there." Indeed, "[w]hen the words of a statute are unambiguous, then, this first canon is also the last: `judicial inquiry is complete.' " Connecticut Nat'l Bank v. Germain, 112 S. Ct. 1146, 1149 (1992). Id.
http://www.lectlaw.com/def2/s104.htm

 

 

Is there really a “tax based on income” ? What Income Tax?

Question Is their really a "tax based on income"?

Search statutes at Cornell Law School for "tax based on income" (include quotes).


Income Tax fact Title 26, Subtitle A, Chapter 1, Subchapter N
"Tax Based on Income From Sources Within or Without the United States"

What's in USC Sec. 861? Search for ... “income from sources within the united states” "Tax based on Income" begins in USC Sec. 861 The Income Tax Law






7. What the IRS instructions say "you must report"

Yeeeeeeehhaaaaaahhh! - IRS Officials at work.Form 1040 Instructions
- http://www.irs.gov/pub/irs-pdf/i1040.pdf

It is worth mentioning that IRS Form 1040 instructions only say "You must report unearned income ... [and] earned income...from sources outside the United States", but not even once does it say anything like "You must report income from sources inside the United States". Why would they fail to include the most basic and primary instruction? If "inside the United States" is actually taxable, wouldn't this have been added to Form 1040 Instructions at some point in the last 90 years? Are decades of editors, attorneys, & managers really making the same mistake? This omission fits exactly with what the regulations show, only "Foreign earned income" is taxable income.

Also notice that Form 1040 instructions say...

"Gross income means all income ... that is not exempt from tax." - Chart A

And, this is provided in tax regulations...

Income Tax fact "Income that is not considered tax exempt" - 26 USC 1.861-8T(d)(2)(iii)

"(26 C.F.R) ... Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off""Treasury Regulations (26 C.F.R.)--commonly referred to as Federal tax regulations-- pick up where the Internal Revenue Code (IRC) leaves off"
- IRS www.irs.gov/taxpros/article/0,,id=98137,00.html#26cfr




Result
Income tax is modern day slavery.We've all been scammed, including our parents and grandparents, by politicians and bankers.
"If there should be unmistakably found in his hand what was stolen ... he is to make double compensation"
-- Exodus 22:4 New World translation
"Being convicted of the offence, he shall restore all that he would have gotten by fraud"
-- Leviticus 6:4 Douay-Rheims Bible



- END OF ANALYSIS -

 


 

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We do not sell, promote, or advise anything, but data-mining, searching, and reading tax code with the only appropriate code tool ... your computer.

We do find every occurrence of a particular code-term to establish precisely what is written, and what is not written in tax law. When we say, no other rule or statute exists - for example, regarding excluded income, we show you how many files contain this important code term, and how we searched for it with a computer. You can easily verify any of the laws, rules, or code-terms in question, and you should verify every result because it is your duty to know and follow the law. Ignorance is no excuse.

You are responsible for doing your taxes.

Questions: If you have questions, try asking your Congressperson or Senator.

Question Ask your lawmaker to explain these Sec. 861 search results ...

  1. "eliminated income" - Sec. 1.861-8(d), 1.861-8(d)(2), 1.861-8T(d)(2)
  2. "excluded and eliminated items of income" - Sec. 1.861-8T(d)
  3. "eliminated items" - Sec. 1.861-8T(d)
  4. "excluded income" - Sec. 1.861-8 and 1.861-8T
  5. "income that is exempt or excluded" - Sec. 1.861-8T(d)(2)
  6. "specific sources" - Sec. 1.861-8(a)(1)
  7. "specific guidance" - Sec. 1.861-8(a)(1)
  8. "how to determine taxable income" - Sec. 1.861-8(a)(1)
  9. "the rules [of Sec. 1.861-8 ...] for determining taxable income" - Sec. 1.863-1(c)
  10. "Exempt income ... defined" - Sec. 1.861-8T(d)(2)(ii)
  11. "income that is not considered tax exempt" [i.e. taxable income] - Sec. 1.861-8T(d)(2)(iii)

    Source: http://ecfr.gpoaccess.gov

Ask your Congressman and Senator ...

Question If "Exempt income" is "defined" in Sec. 861, why is Sec. 861 frivolous?

Find your Congressperson: http://www.house.gov
Find your Senator: http://www.senate.gov

Answers: If you want answers, you can try asking the press - the American media and foreign media.

 

The Code of Federal Regulations

When searching tax law, we pay close attention to 26 CFR...

"the Official Interpretation"

"Federal Income Tax Regulations (Regs) are the official Treasury Department interpretation of the Internal Revenue Code"
- Internal Revenue Manual, 4.10.7.2.3.1
"Federal Tax Regulations pick up where the Internal Revunue Code (IRC) leaves off by providing the official interpretation of the IRC"
- http://www.irs.gov/taxpros/article/0,,id=98137,00.html

The Code of Federal Regulations are the rules, written in plain English, which both the public and the IRS must follow:

"The Service is bound by the regulations."
- Internal Revenue Manual, 4.10.7.2.3.4

Since "the Service is bound," we can be sure that we are playing by the same rules. It does not require a law degree to understand them. See How to Search and Search Examples.

 

   

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