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Data-Mining the Tax Code - http://WhatisTaxed.com

 


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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 it's all been codified.


Download 26-CFR:
* orig. source: GPO

Search Options

- HTML version (a repaired copy of the broken original from the GPO, the most accurate, search it on your computer).
- PDF version (easy to search, compiled into one file).
- GPO Don't download anything, search at the eCFR (most user-friendly on-line search available from US Government source).
- or Compile your own copy of 26-CFR (we'll tell you how to make a complete copy of all sections from the GPO ... no fun, but possible).

See How to Search

 

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Do yourself a favor, don't be so trusting. Use Open Source software...

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-Then dump your proprietary office. Use Open Office. You can still use and save Word docs, Excel sheets, and Powerpoint files.
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Most importantly, get an open source, GNU-Linux operating system...

You never know who's minding your business.

GNU-Linux:
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>Try a LiveCD first

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Recommended GNU-Linux for new users:
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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.

See the trailer: America: Freedom to Fascism

You can watch this movie free on Google Video. Get a high quality copy from Russo's website

Conclusion

What did the rules say?

 

  1. "The tax imposed is upon taxable income"
    [26 CFR Sec. 1-1] (found once in entire CFR)

  2. And according to...

  3. "the rules... for determining taxable income"
    [26 CFR Sec. 863-1(c)] (found once in entire CFR)
    ...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?

 

Who owns who? http://WhatisTaxed.com
We are being dumped-on. But, the Constitution says "We the people... ordain"

 

Linear Map of CFR showing rules for determining taxable income - http://WhatisTaxed.com

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

 

REGULATIONS?

All sources are indeed taxable, for someone, and all of us are liable TO the income tax...

However, for U.S. citizens...to see exactly what we are liable FOR, we must see...

From one-side of his mouth (the tax regulations), only foreign earned income is taxable.
Search for - how to determine taxable income - http://WhatisTaxed.com
From the other-side comes easier instructions for The Unconcerned.

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.

    Are the Tax Experts really tax experts? Not according to the rules - http://WhatisTaxed.com

    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?

If we follow the regulations, the reasonable conclusion is that only income from sources outside the United States is taxable income for a U.S. citizen.


Slaves to the Tax State


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.


Attention Researchers

If any link has disappeared, try to copy and paste the link address at http://www.archive.org

-- DISCLAIMER --

* The intended purpose of this website is to data mine on a computer the Internal Revenue Code, and the Code of Federal Regulations, Title 26, for the "codes" (e.g. taxable income, gross income, excluded income, eliminated income, exempt income, deductions, allocation, apportionment, etc), for rules, and instructions, for determining income tax. The results have been published throughout this website. It should be evident that these search methods can be applied to any Title of Law, or large volume of text, and in any country that has codified laws and rules. See How to Search.

There is nothing for sale at WhatisTaxed.com. Information posted at WhatisTaxed.com is not intended to be and should not be considered as legal advice, it is posted solely for educational purposes. The reader should not rely on information provided herein to determine tax, even if you see that it is written in the law, and believe it to be accurate. (Those who go against, or simply question, the US government, even if those who are questioning are, or were, themselves government agents or employees, regardless of their beliefs, risk prison time, a bad reputation, or worse. Those who speak truth to power have always paid heavily for doing so.)

Do Not accept this website as tax advice, it is tax research and copyright-free (copyleft whatistaxed.com). To contribute research, see How to Search and Contact Us.

We Do Not sell, promote, or advise anything, except the data-mining and reading of tax code with an appropriate code-tool, a computer.

We Do ensure that we find every occurrence of a particular code-term, to establish precisely what is written, and what is not written in the law. When we say no other rule or statutes exists - for example, regarding excluded income, we show you how many files contain this term and how we searched for it with a computer. You can confirm ANY of the laws, rules, and terms yourself, and you should because it is your duty to know and follow the law.

You are responsible for doing your own taxes.

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

Have your lawmaker explain these search results ...

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

Have them explain ...

  1. Why are such specific instructions, which are located almost exclusively in Sec. 861, frivolous?
  2. If lawmakers are going to give the Treasury Secretary power ("under regulations prescribed by the Secretary" - 26 USC 863), to create laws for items of income and deductions, then why is most of the CFR code valid, but not Sec. 861 code?
  3. What other definition of "exempt income" is there? According to code, there is only one, defined in Sec. 1.861-8T(d)(2)(ii). And, it's followed immediately by the list of income that is not exempt (i.e. taxable).

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.

 

* TheCode of Federal Regulations:
When searching, we pay close attention to the rules in 26 CFR, because the law (USC) gives authority to the CFR (regulations). Both the USC and CFR confirm this authority [easily find this authorization with your computer].

"the 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).
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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