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What did the rules say?
...most U.S. Citizens do
not have any "taxable income."
Why are "the rules" located millions
of words apart from the imposing tax rule?
Who's responsible for this?
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We are being dumped-on. But, the Constitution says
"We
the people... ordain" |
There are many specific terms and rules, which occur only
once, or in one regulation, and show that most Americans
are excluded from having taxable income.
Some of these specific terms and rules include:
"how to determine tax"
"the tax imposed is upon taxable income"
"the sources of income for purposes of the income tax"
"the rules contained in this section apply in determining taxable income of the taxpayer"
"prescribing" and "excluded income"
"prescribing" and "excluded" and "taxable income"
"prescribing" and "exempt" and "taxable income"
"Income that is not considered tax exempt"
"the following rules shall apply to... income that is exempt"
"sections of the Code which require the determination of taxable income"
"how to determine taxable income"
"how to determine taxable income of a taxpayer"
"determining taxable income of the taxpayer"
"taxable income from sources within the United States shall
consist of"
"determine the sources of income for purposes of the income
tax"
"the rules... for determining taxable income"
"the rules... for determining taxable income from sources within
the United States"
"the rules... determining taxable income of the taxpayer from specific
sources"
"determining taxable income from specific sources"
"determine the source of income"
"determine the sources of income"
"determination of sources of income"
"gross income from a specific source"
"gross income means only"
"specific sources"
These are the regulations where they can be found: 26
CFR1.861-1, 1.861-8, 1.863-1(c), 1.863-3
26CFR1.861-8, showing "how to determine
tax" and the "sources" of taxable income apply only to
those U.S. citizens with foreign earned income, and to
nonresident alien individuals and some corporations. It
is paragraph (f)(1) of this section [26CFR1.861-8(f)(1)]
that gives us the list of taxable income 'sources' under
the operative sections. These are all sources most U.S.
citizens are not involved with.
Sec. 1.861-8(a) also showing...
...for the specific sources and activities under other sections
of the Code, which are taxable, the rules contained in this
section apply in determining taxable income of the taxpayer.
If we follow this to 26CFR1.861-8(f)(1), we can see exactly
what sources of income are taxable within the United States.
Again, these are all sources most U.S. citizens are not involved
with.
861-8T(d)(2)(iii) is the only list
of "Income that is not considered tax exempt", or stated
more plainly, "Income That Is Taxable." Since it is the
only list, it must include ANY ITEM of income that is
taxable.
We may assume Sec. 1.861-8 does not apply to us, since we
may have no foreign source income, and we "shouldn't be
looking under Section 861 titled "SOURCE RULES AND OTHER
GENERAL RULES RELATING TO FOREIGN INCOME". But, as shown
in 26 USC Sec 7806(b), Construction of title, ... the individual
titles of sections, i.e. descriptive matter relating to
the contents, or table of contents, and cross references,
outlines, etc. are only tools for the location of a subject.
The laws (and rules) are only found on the inside of their
labeled sections. Obviously, they should have left the title
as it was before 1988, which was "DETERMINATION OF SOURCES
OF INCOME".
And, Sec. 861, having the only occurrence
of the term "determining taxable income from specific
sources" in the entire CFR, also explains for 861
(within US), and 862 (without US), and 863
(partly within and without), that ...each... applies independently.
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.
THE ONLY RULE
Who uses 26CFR1.863-1(c), the ONLY rule, which tells
us in Plain English, where the location is for...
"the rules... for determining taxable income from sources
within the United States": (1 file(s) found)
26CFR1.863-1(c)
(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.
It states clearly that it is for the "taxpayer".
Some things to consider...
- If "The
tax imposed is upon taxable income", why is the
rule "Gross
income...from whatever source... unless excluded "
being used instead of "the
rules... for determining taxable income?" Gross
is gross, and taxable is taxable, correct? Look again...
even it says, "unless excluded." What can be excluded
according to "the rules?"
- If the Income tax is imposed upon taxable
income, why is Regulation
861-8 not used for doing exactly what it, and only
it, says?
- Why does 26CFR1.863-1
(c) exist? And are there any other rules more specific
than these?
- Everyone is required to determine taxable
income. Why would only some taxpayers need these "rules...
for determining taxable income" while others would
not? Are there different "rules" for others? If
so, where are they? Certainly not in Title 26. Use your
computer to confirm it. According to Cross References
in Sec. 61, these are the rules for everyone; obviously,
since they are written only once.
- Why aren't Tax Pro's using "the
rules... for determining taxable income", which
are actually written for us? The occasional response is
"that only applies to foreigners", or "only if you make
money inside and outside the U.S.", but nowhere does
it say that. It's first rule even states that it's
scope is the "taxable
income of the taxpayer... under other sections of the
Code." The law itself, USC Sec. 7806(b), shows that
the individual titles of sections, i.e. descriptive matter
relating to the contents, or table of contents, and cross
references, outlines, etc. are only tools for the location
of a subject. The laws (and rules) are only found on the
inside of these labeled sections. Written very clearly,
"the rules" say they apply for "the taxpayer's
taxable income".
"The few who
can understand the system will either be so interested
in its profits, or so dependent on its favors,
that there will be no opposition from that class,
while on the other hand, the great body of the
people, mentally incapable of comprehending the
tremendous advantages that capital derives from
the system, will bear its burdens without complaint
and perhaps without even suspecting that the system
is inimical to their interests".
-- John Sherman, "protege of the Rothschild banking
family, in a letter sent in 1863 to New York Bankers,
Morton, and Gould, in support of the then proposed
National Banking Act
Good times are coming to an
end, Sherman. |
Is there even a single citation, which overrules, or
negates the use of 26CFR1.861-8
and 863-1(c)?
Is there even ONE rule more specific? ...If so, not
according to a computer. See the Analysis.
Can the regulations given here be taken out of context,
from non-relevant regulations when the terms or phrases
of each state exactly what they, and only they say, and
are defined in ONLY ONE regulation? How can it be?
Please see the analysis
and how
to search to conduct your own analysis, and if anyone
has a regulation or statute, which indicates otherwise...,
please, send it ASAP. |
[26 CFR Sec. 1-1] (found once in entire CFR)
And according to...
[26 CFR Sec. 863-1(c)] (found once in entire CFR)