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Sec. 61 is the section alleged to prescribe
a lawful tax on all income. But, most of us are taxed under color
of law. According to search engines and the "code", section 861
has the real income tax.
Read regulation 61-1, then search for the following
10 clearly required codes and commands.
CFR Title 26: Internal Revenue
§
1.61-1 Gross income.
"(a) General definition. Gross income means all income
from whatever source derived, unless excluded by law
... Section 61 lists the more common items of gross income"
"(b) Cross references. ... 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 notwithstanding section 61"
Notice two things:
- "...more common items... are... excluded from gross income
entirely", whatever source.
- "To the extent that another section" is more
specific, "such other provision shall apply notwithstanding 61"
[in spite of what it just said about "all income"].
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Data-mining demonstrates precisely
which provision or section provides more "specific treatment"
and shall apply, in spite of section 61.
1. "TAXABLE INCOME"
First, search for "taxable income", because "the tax
imposed is upon taxable income".

[Note: "taxable income" is defined in 26USC63.
However, CFR Sec. 63 mentions "taxable income" only three
times.]
Question: Which section is more
"specific" AND "shall apply notwithstanding
section 61?" ...61, 63, or 861?
Answer: Sec. 861
2. "GROSS INCOME"
"Gross income means all ... unless...". But,
also notice, if "another section ... provides specific treatment
[it] shall apply." So, where do we find more specific
treatment of gross income?

Question: Which section is more specific
and "shall apply notwithstanding section 61?" ...61
or 861?
Answer: Sec. 861
3. "SOURCE(S)"
Where are the rules regarding the "source" (whatever
source)?

Question: Which section is more "specific"
and "shall apply notwithstanding section 61?" ...61
or 861?
Answer: Sec. 861
4. "DEDUCTION"
Where are the deductions located? Did your tax professional
("expert") forget to tell you about every deduction?
(Ignorance is no excuse.)

Question: Which section has more
deductions; is more "specific"; and "shall
apply notwithstanding section 61?" ...61 or 861?
Answer: Sec. 861
5. "EXEMPT INCOME"
Where are the rules for exempt income written?

Question: Which section is more
"specific" and "shall apply notwithstanding
section 61?" ...61 or 861?
Answer: Sec. 861
Note: "exempt income" is
"defined" only in Sec. 861. Specifically, it's defined
in 861-8T(d)(2)(ii)
6. "EXCLUDED INCOME"
Where the rules for excluded income found?

Question: Which section is more
"specific" and "shall apply notwithstanding
section 61?" ...61 or 861?
Answer: Sec. 861
7. "ELIMINATED INCOME"
And just in case the meaning of exempt income and excluded income escapes
you, the rules for eliminated income cannot be misunderstood.

Should it matter that section 861
actually provides the definition for exempt income?
See section 861-8T(d)(2)(ii) for the definition of
exempt income. Then, immediately following that is 861-8T(d)(2)(iii),
which provides the list of taxable income.
Question: Which section is more
"specific" and "shall apply notwithstanding
section 61?" ...61 or 861?
Answer: Sec. 861
8. "SHALL" - the command word
By far, the term most utilized to command those who are subject
to laws and regulations is "shall". According to
the dictionary, shall
means must. (It's as old as the very first laws, "You shall have
no other gods...", "You shall not bear false witness...",
"You shall not...") So, what do the rules say we shall
do?

Question: Which section is more
"specific" and "shall [must] apply
notwithstanding section 61?" ...61 or 861?
Answer: Sec. 861
9. "INCOME"
Since section 61 prescribes "all income," which section
is prescribing rules for "income"? ...61 or 861?

Over 2000 prescriptions?
Question: Which section is more
"specific" and "shall apply notwithstanding
section 61?" Is it 61 or 861?
Answer: Sec. 861
10. "SPECIFIC GUIDANCE"
Finally, for all those who may have misunderstood the specifics
of taxable income, gross income, sources of income, deductions, exempt
income, excluded income, eliminated income, or you just don't know which
section "shall apply", here is "specific
guidance" ...

Question: So, which section prescribes
"specific guidance" for doing your income taxes?
Answer: Sec. 861
That's right... In US Tax Regulations (Title 26)
the term "specific guidance" occurs only in
Sec. 861. Verify it yourself.
Since only one section has "specific
guidance," it should be a simple guess as to which section "shall
apply notwithstanding section 61." [26
CFR 1.61-1(b)] It's the "specific treatment"
you were told about.
| Ingredients: |
Sec. 61 |
Sec. 861 |
| taxable income |
4 |
405 |
| gross income |
172 |
617 |
| source |
12 |
711 |
| deduction |
10 |
402 |
| exempt income |
0 |
8 |
| excluded income |
0 |
6 |
| eliminated income |
0 |
4 |
| shall |
96 |
457 |
| income |
345 |
2057 |
| specific guidance |
0 |
1 |
| TOTALS |
639 |
4668 |
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Which section provides specific treatment?
Which shall apply, notwithstanding 61?
Isn't it Section 861?
Income Tax History - "Gains,
Profits, and Income"
According to a principle of statutory construction,
"expressio unius est exclusio alterius", by not listing domestic
income, Section 861-8T(d)(2)(iii) has excluded
a citizens domestic income from the list of income that is not exempt.
See FindLaw Dictionary
- find "expressio unius est exclusio alterius".
History: A quick look in
old tax regulations and we see that they also exclude domestic income.
The very first income tax regulations from 1913 provided a clearer picture
of what taxable income shall consist of, and what gross income
includes... which is gains, profits, and income.
- First, see U.S.
Tax Regulations - 1913
- Art. 3. "NET INCOME
shall consist of ... gains, profits, and income"
- Art. 4. "Gross income
includes all gains, profits, and income"
- Now, search the recent, modern-day tax regulations for "gains,
profits, and income". Notice, every single result
applies only to foreign earned incomes and foreigner incomes.
(Part.Sec)
1.306-3
1.451-1
1.6038-2
1.6041-1
1.6042-1
1.861-7
1.862-1
1.863-2
1.863-3
1.863-3A
1.864-4
1.871-7
1.881-2
1.902-3
1.902-4
514.115 *Results Total 16 |
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* The total also includes the search results for
"gains, profits, or income."
The
1954
Internal Revenue Code also produces only foreign-related-income
sections when searched for "gains, profits,
and income." And, the 1954 Code makes the same pie as
the 1913 tax rules do, above. 1954 IRCode Results:
Secs. 306, 861, 862, 863, 871, 881, 902, 1361, 1441, 6041, and 6042.
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Attention Researchers
If any link has disappeared, try to copy and
paste the link address at http://www.archive.org
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* 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
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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 ...
- "eliminated income" - Sec. 1.861-8(d), 1.861-8(d)(2),
1.861-8T(d)(2)
- "eliminated items" - Sec. 1.861-8T(d)
- "excluded income" - Sec. 1.861-8 and 1.861-8T
- "income that is exempt or excluded" - Sec. 1.861-8T(d)(2)
- "specific sources" - Sec. 1.861-8(a)(1)
- "specific guidance" - Sec. 1.861-8(a)(1)
- "how to determine taxable income" - Sec. 1.861-8(a)(1)
- "the rules [of Sec. 1.861-8 ...] for determining taxable
income" - Sec. 1.863-1(c)
- "income that is not considered tax exempt" [taxable
income] - Sec. 1.861-8T(d)(2)(iii)
Have them explain ...
- Why are such specific instructions, which are located almost
exclusively in Sec. 861, frivolous?
- 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?
- 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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