"One of these things is not like the others, one of these things
just doesn't belong..."
Who is taxed, according to code?
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Data-Mining Who?
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"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.)."
- www.irs.gov/taxpros/article/0,,id=98137,00.html
"Treasury Regulations (26 C.F.R.)--commonly referred to as Federal
tax regulations-- pick up where the Internal Revenue Code (IRC) leaves
off by providing the official interpretation of the IRC by
the U.S. Department of the Treasury"
- www.irs.gov/taxpros/article/0,,id=98137,00.html#26cfr
Fact: USC + CFR = Tax Law
The Treasury Secretary interprets the USC then provides required details
in the CFR. Here is a comparison of Section 1.
UNITES STATES CODE
Determination of Tax Liability
TAX ON INDIVIDUALS
Sec.
1 Tax imposed
(a) Married individuals
There is hereby imposed on the taxable income...
a tax
(b)every head of a household (as defined in section 2(b)) a tax
[an individual...]
(c) Unmarried individuals a tax
(d) Married individuals filing separate ... a
tax
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CODE OF FEDERAL REGULATIONS
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Sec.
1.1-1 Income tax on individuals.
(a) General rule. (1) Section 1 of the Code imposes an
income tax on the income of every individual
who is a citizen
or resident
of the United States and, to the extent
provided by section 871(b) or 877(b), on the income of
a nonresident alien
individual. ... The tax imposed is
upon taxable income (determined by...
deductions from gross... |
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Notice:
- The USC imposes a tax on the "taxable income"
of individuals.
- Then the CFR from the Treasury Secretary specifies who, where,
and what.
Fact: There are required "codes", and a required condition.
Required code-words prescribed in
Sec. 1.1-1
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1. Who |
= |
"individual", "citizen", "resident",
"nonresident alien individual" |
2. Where |
= |
"united states" |
3. What |
= |
"taxable income" |
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Required condition prescribed in
Sec. 1.1-1
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Tax imposed |
= |
[individual + (citizen OR resident)
+ alien] + united states + taxable income |
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= |
[who] + where + what |
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= |
? |
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How did the Treasury Secretary come up with who + where + what?
What did the Treasury Secretary see in the code?
Who... Where... & What is Taxed
Search tax statutes using the Government Printing
Office search engine:
www.gpoaccess.gov/uscode/search.html
(Right-click, Open in New Window)
"The U.S. Government Printing Office disseminates
official information from all three branches of the Federal Government."
- www.gpoaccess.gov/index.html
Where are tax laws written for the "taxable income"
of a "citizen" of the "United States"?
First, find every section with the required code-words,
and the required condition for a citizen.
Search for:
26USC* AND "citizen"
AND "united states" AND "taxable income"
Copy and paste this line into the GPO's search box,
and click Submit. (If typing, note the *) This is a boolean search string
that will filter through all of the tax laws and leave only the
sections that contain all three of these required codes. Visually,
it looks like this...
UPDATE:
GPO has a new search engine.
To search using the new GPO search engine, search for:
collection:uscode and "26 U.S.C." and "citizen" and "taxable income" and "united states"
Note: Be sure to add "collection:uscode" to all following searches.
As of November 2012, Section 861 moved from 2nd to 4th result for this combination of codewords.
GPO Search Results: Total Hits =
20 hits in year 2007
Here are the top 6 results provided by the Government
Printing Office website search engine...
* Note: Sec. 861 used to be the first
result prior to 2007. Now the GPO search engine shows Sec. 7701
Definitions as the first result.
Result: Section 861
Sec. 861 is number One, unless you want definitions. And 864,
863, and 865 (the sections thereunder) occupy the top 6 positions in
the USC. If we disregard Sec. 7701 Definitions, then Sec. 861 and the
sections thereunder comprise the Top 3 results.
What is the Treasury Secretary's interpretation of
Sec. 861?
Simply look at Sec. 861 from the CFR...
CFR Sec.
1.861-8T(d)(2)(iii)
Income that is not considered tax exempt.
The following items are not considered
to be exempt, eliminated, or excluded income...
(A) In the case of a foreign taxpayer...gross income (whether
domestic or foreign source)
(B) ...the gross income of a DISC or a FSC [Ed: Internat'l
Sales or a Foreign Sales Corp.]
(C)...the gross income of a possessions corporation...
(D) Foreign earned income...
This is the Treasury Secretary's list of taxable income. Evidently,
regulations "pick up where the IRC leaves off."
But, most Americans don't make any "foriegn earned income".
Notice, 26
USC 861(b) is
not a list of taxable income. It is simply a paragraph referring to
another paragraph, which only lists gross income, not taxable
income.
Are you a resident of the United States? Copy and
paste this line into the GPO search box...
Search for:
: 26USC* AND "resident"
AND "united states" AND "taxable income"
Here is what you get...
[who]
+ where + what
GPO Search Results: Total Hits = 29 hits in year 2007
* Note: Sec. 861 used to be first result prior to
2007, but now the GPO search engine shows Sec. 7701 Definitions as the
first result.
Only 28 sections are capable of meeting the required condition, but
again...
Result: Section 861
And again, 864, 863, and 865 occupy the Top Six positions (and disregarding
7701, then 861, 864, and 863 are the Top 3, again).
Which section has the codes for a "nonresident
alien"? Copy and paste this line into the GPO's box...
Search for:
26USC* AND "nonresident
alien individual" AND "united states"
AND "taxable income"
Here is what you get...
[who]
+ where + what
GPO Search Results: Total Hits = 17 hits in year 2007
* Note: Sec. 861 used to be first result prior to
2007, but now the GPO search engine shows Sec. 7701 Definitions as the
first result.
Result: Section 861 is The Law
Sec. 861 is the code which must be used for all three of the
individuals having the income tax imposed upon them, but what about
just the "individual"?
To find the average "individual"...
Copy and paste this line into the GPO search box...
Search for:
26USC* AND "individual"
AND "united states" AND "taxable income"
Here is what you get...
[who]
+ where + what
GPO Search Results: Total Hits = 80 hits in year 2007
* Note: Sec. 861 used to be second result prior to
2007, but now the GPO search engine shows Sec. 7701 Definitions as the
second result.
Result: Sec. 861 is the 3rd result in 2007...
but its still the first result relevant to the question, Who is Taxed?
Notice Sec. 904 doesn't address the question - Who is taxed? Considering
the type of instructions needed at this point - i.e. how to determine
taxable income, and not instructions about credit, or term definitions,
then Sec. 861 is again the first result.
Notice Sec. 861, 864 and 865 occupy the Top 8 results at the GPO, even
though there are almost 10,000 sections in income tax law.
If you read Sec. 904, you'll notice it also demonstrates that
the tax imposed is upon the foreign income of an "individual".
And, Sec. 904 is even located, appropriately, in "Part III--Income
from sources without the United States."
Where
is the law for our deductions?
Search for:
26USC* AND "deductions"
AND "citizen" AND "united states"
GPO Search Results: Total Hits = 35
Read past the definitions, and again you'll see ...
Result: Sec. 861
Sec. 861 is not frivolous.
Which sections prescribe law for the gross income
of a United States citizen?
Search for:
26USC* AND "gross
income" AND "citizen" AND "united states"
GPO Search Results: Total Hits = 37
Result: Sec. 861
So far, you've seen that USC "code" will produce Sec. 861
as the tax law.
But, the rules in the CFR are written to provide specifics
- the instructions needed to enforce the tax. So, what do tax regulations
prescribe for a citizen? Most Americans only have domestic income, so...
Where is "domestic income" prescribed in US tax regulations?
There are thousands of sections in the tax regulations, but only
5 regulations prescribe anything for "domestic income".
Why so few? From the domestic citizen's point of view, isn't the entire
CFR about domestic income? Evidently, not.
Source: http://ecfr.gpoaccess.gov
(Right-click, open in new window)
"domestic income" is written just
23 times, within 5 regulations.
(Update: 28 times in 6 regulations for 2007)
* Numbers shown on this graph are based on year 2004 regulations. These
numbers slowly increase as new rules are added by the Treasury. In 2004,
"domestic income", was only written 23 times in five
regulations, in the entire Code of Federal Regulations. Four of these
five regulations (80%) are found under Sec. 861, but this code-word,
"domestic income", is only used to demonstrate the income
tax examples.
The Treasury doesn't seem to be too concerned with "domestic income."
But, then... that would mean the only alternative source is foreign
income .
How often is "foreign income" prescribed, compared
to "domestic income"?
Tax regulations are written almost entirely for (98%) those with "foreign
income." Evidently, the Treasury Secretary takes a big interest
in foreign items.
Total written = 1042 foreign income + 23 domestic income
= 1065
1042 / 1065 = 97.84% Foreign
23 / 1065 = 2.16% Domestic
Where is "domestic source income" prescribed?
The Treasury Secretary has placed 96% of his own tax examples for "domestic
source income" within CFR Sec. 1.861.
Almost everything prescribed for "domestic source income"
(49 / 51 = 96%) is located in Sec. 1.861.
Why do tax court judges rule that Sec. 861 is frivolous when even tax
regulations provide the examples for "domestic source income"
almost exclusively in Sec. 861?
The tax regulations were created to list taxable income, instruct how
to determine taxable income, provide specific guidance, and provide
examples. It is easy to see that nearly all examples for "domestic
source income", 96%, are found in Sec. 861.
Where is "foreign source income" prescribed?
So, even the term "foreign source income" is
concentrated under Sec. 1.861.
Domestic income OR foreign income, 861 is
required.
Want to see more graphs? Look at a Graphical
View.
Section 861 is not frivolous.
- When searching US tax laws ,
Sec. 861 is No. 1 (among nearly 10,000 sections).
- The US tax regulations
concur with the statutes... Sec. 861 is again the result.
Only USC 861 meets the required condition for the imposition
of the income tax prescribed by the Treasury Secretary in CFR 1.1-1.
That's where he got the code for his prescriptions.
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Tax imposed |
= |
[individual + (citizen or resident)
+ alien] + united states + taxable income |
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= |
[who] + where + what |
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= |
Sec. 861 |
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With digital precision...
861 is the Law.
"How terrible it will be for you experts in the law. You have taken
away the key to knowledge. You didn't go in yourselves, and you kept out those who were trying to go in."
- Luke 11:52 ISV
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Experts: Do you even know the fundamentals
of codification? Why don't you use a computer to search the code?
Even you must obey it. But apparently, you have all been flying
by the seat of your pants thus far, judging others, without knowing
your own expertise.
Honor? You have disrobed yourselves.
You've kept the law books from juries, books written specifically for the People.
So, why can't the People when they need it most to decide the
fate of their fellow citizen, read their own rules and laws in
a court of law? If the law can't be discussed in a court of law,
where can it be?
You've kept Jury
Nullification from the Jury. Why hide the Right to Nullify?
The system is owned by the People, it is our Right to
Nullify.
You serve us.
"...everyone who does evil hates the light, and doesn't
come to the light, lest his works would be exposed. But he who
does the truth comes to the light, that his works may be revealed..."
- John 3:20-21
World English translation
Frivolous?
"Exempt income"
is defined in Sec. 861.
What do you mean, frivolous? Only for a scam will bad men need
to call the facts frivolous. Your interpretation does
not change what is plainly written in Code.
The truth is manifest.
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Mr. IRS Commissioner, Mr. Treasury Secretary, Mr. President,
Senators, Congresswomen, Judges, et al.,
You are Frivolous!
"You're out of order! This whole
court is out of order!"
But, more than that, you are all insignificant. The System is
owned by the People and operated by the system, not you.
We are not your slaves. We do not belong to you.
We, the People, have a Constitution!
The System, our Constitution and Bill of Rights, contains
limits for you, not the People.
You are limited ... and easily replaced.
It is the digital-age now. More of the People are searching the
Code. Your tax scam can no longer be hidden. And, it goes well
beyond a scam, it is treason.
You should re-read the laws for treason (See How
to Search).
Your organized crimes may be well-organized, but you are still
just criminals. The law will catch up with you, and there will
be justice for all. |
You're Out-of-Order.
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Who are the Americans that would betray
their own country? Their numbers are not great, and...
"By
their fruits you will know them." - Matthew
7:16
Politicians, bureaucrats, media executives, and other assorted liars...
you are just puppets... foot soldiers, temporary Princes and
micro-Queens, at best. You treasonously help to continue an illegal
income tax, a modern-day slave system.
Elected today, gone tomorrow. You come, and you go
- off in your golden parachutes.
But, such puppets do not control themselves.
"History records that the money changers have
used every form of abuse, intrigue, deceit, and violent means possible
to maintain their control over governments by controlling money at its
issueance."
- James Madison
- "Father of the Constitution"
So,
who are the Puppet Masters?
Who
are the Slave Masters?
Who
are the Rulers?
Look into the future, Ruler.
You cannot hide.
"If there should be
unmistakably found in his hand what was stolen ... he is to make double
compensation"
-- Exodus 22:4 New World translation
You are going to pay!
For
whom were tax laws and regulations written? Simply judging from the
numbers, the income tax has been created for the alien individual.
Searching the US Tax Regulations
Source: http://ecfr.gpoaccess.gov
(Right-click link, Open in new window)
CFR Numbers:
* Numbers may increase with each new year as more regulations are written.
1. Choose Simple Search
2. Enter Title 26
3. Search without quotes for...
- individual citizen (15 matches)
- individual resident (18 matches)
- individual alien ( 0 matches)
Now alternate...
- citizen individual (a false positive)
- resident individual (1 match)
- alien individual (639 matches)
These numbers are from year 2004.
Results:
- Over 200 regulations containing 639 matches are written for ...
alien individuals.
- Only 10 regulations containing 15 matches even mention an "individual
citizen".
- Other individuals don't appear to be of much concern to the tax
regulation writers... and the regulations prescribed for all individuals,
even the citizen, are about ...
foreign income.
CFR Instructions:
While examining regulations, we see that the Treasury Secretary keeps
instructions for the computation of taxable income together
in one section ...
- how to determine taxable income
- the sources of income for purposes of the income tax
- eliminated income
- determining taxable income of the taxpayer
Result: Sec. 861
There are many more...
"CITIZEN?"
WHO?
Who is a citizen? You'll
find that the citizen is just an individual.
The Law
Here is the only definition for "citizen"
in the United States Code, Title 26 (see data-mining results below)...
USC
Sec. 3121 Definitions
(e) State, United States, citizen
Notice that the definitions of the "State"
and "United States" create many citizens or residents
from those whom would otherwise be alien. The [unusually vague]
definition of a "citizen" follows the definition of
State and United States. |
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But, look at who is also included as an American citizen...
CFR 31.3121(e)-1
(b) ... The term "citizen of the United States" includes a
citizen of... Puerto Rico... the Virgin Islands... Guam or American
Samoa.
Who is a "person"? The definition is found
in the USC...
- Definitions USC
Sec. 7701(a)(1) - "The term ``person'' shall be construed
to mean and include an individual, a trust, estate, partnership,
association, company or corporation."
Like some kind of a blob
a "person" can be one of several entities.
We'll ignore all of the other entities for now and say ...
person = individual
So, the tax is upon the "individual" as
stated in USC Sec. 1...
citizen = person = individual
No big surprises here. A citizen is just an individual.
"TAXPAYER?"
WHO?
Who is a taxpayer?
- See Definitions, USC
Sec. 7701(a)(14) - 'The term ``taxpayer''
means any person subject to any internal
revenue tax.'
- For simplicity we'll disregard the second condition, "subject
to", so ...
taxpayer = person
Who is a person?
- Again, see Definitions, USC
Sec. 7701(a)(1) - "The term ``person''
shall be construed to mean and include an individual,
a trust, estate, partnership, association, company or corporation."
Person includes other entities, but for now...
person = individual
So... taxpayer = person = individual
KEYWORD: "individual"
So, the tax is imposed on the individual as written in the
USC, but is it just any individual?
FINDING
THE INDIVIDUAL
Searching the US Tax Law
Source: http://www.gpoaccess.gov/uscode/search.html
(Right-click, open in new window)
USC Numbers: The tax
imposed is upon "every individual ... citizen or resident"
and the "alien individual." But, it appears that the income
tax laws are really written for the "alien individual"...
Copy and paste these into the GPO search box...
- 26USC* AND "citizen individual"
(2 Total Hits, but no definition or results)
- 26USC* AND "individual citizen"
(5 Total Hits, but no definition)
- Even for an individual citizen, 'Sec. 933 Income from sources
within Puerto Rico' is the first result.
- 26USC* AND "resident individual"
(6 Total Hits)
- 26USC* AND "individual resident"
(6 Total Hits)
- 26USC* AND "alien individual"
(51 Total Hits)
The tax laws are primarily concerned with alien individuals. Notice
the definition of alien, which is located in USC Sec. 7701(b)(1).
USC Instructions: What does the term "individual"
mean, and include, in the United States?
- 26USC* AND "term" AND "individual" AND "means"
AND "united states"
(174 Total Hits)
- Notice how high Sec. 861, 864 and 865 are in results
for this query [position 4, 7, and 12 ].
- 26USC* AND "term" AND "individual" AND "includes"
AND "united states"
(106 Total Hits)
- Sec. 861, 864 and 865 are again in the same positions
[4, 7, and 12 ].
You will see that there isn't a section prescribing what an "individual"
means or includes, in the USC, but it's obvious where the subject
matter for these codes has been written in the USC.
Want to compare it to something?
All are liable to the tax imposed, but liable
for what?
Isn't it taxable income?
What is "taxable income" for a "citizen",
regardless of the "individual" or "United States"?
- 26USC* AND "citizen" AND "taxable income"
(24 Total Hits)
- Notice, Sec. 863, 865, 864 and 861 are all included,
but Sec. 61 is not. And notice, only 23 sections exist which prescribe
anything for this part of the equation (24th Hit is just a query report)...
Who |
= |
citizen |
What |
= |
taxable income |
Tax imposed |
= |
who + where + what |
Tax imposed |
= |
citizen + united states + taxable income |
Data-mining here shows that taxable income, even for a citizen, regardless
of the United States, is everything foreign
and alien
This concurs with data-mining for the "individual citizen" and
"alien individual" in tax regulations, which we listed earlier.
For example, "citizen" AND "taxable income" in 26USC
will produce:
- Citizens moving in and out of Puerto Rico - Sec. 933. (Again,
the 1st result after Sec. 1 imposition.)
- Citizens who are involved with "foreign personal holding companies"
- Sec. 6035
- Nonresident alien individuals and foreign corporations - Sec. 906
The remaining results are all about foreign 'this' and foreign 'that.'
This result shows very well 'who' the citizen with
taxable income is, maybe for good reason because it defines "Foreign
earned income" and "earned income", and is logically
located under "Part III--INCOME FROM SOURCES WITHOUT THE UNITED
STATES":
- Sec. 911. Citizens or residents of the United States living abroad
It turns out that you won't find the definition for "individual"
in the Tax Laws.
Why?
TheTreasury Secretary defines the "individual" in the Code
of Federal Regulations.
The Treasury Secretary's job (or his delegate) is to interpret the
laws from the USC, and then write the tax rules in the Code of Federal
Regulations:
Sec. 7805. Rules and regulations
(a) Authorization
Except where such authority is expressly given by this title to
any person other than an officer or employee of the Treasury Department,
the Secretary shall prescribe all needful rules and regulations
for the enforcement of this title, including all rules and regulations
as may be necessary by reason of any alteration of law in relation
to internal revenue.
The Secretary shall prescribe all needful rules for the enforcement,
and so far, we know with certainty that the "individual" is
a necessary subject of enforcement.
"all persons, the small and the great, and the rich and the
poor, and the free and the slaves... a mark... and that nobody might
be able to buy or sell except a person having the mark, the name...
or the number of its name. Here is where wisdom comes in: Let the one
that has intelligence calculate the number... for it is a man's number"
-- Revelation
13:16-18
What does the Treasury Secretary prescribe for
the "individual"?
Every system has an "I.D." for
its subjects. Such systems include information systems, prison
systems, and even the tax system...
"There are several types of taxpayer
identifying numbers that include ... individual taxpayer identification
numbers"
-- 26 CFR Sec. 301.6109-1 Identifying numbers
If the tax imposed is on the
taxable income of an "individual"
as written in USC Sec. 1, then...
What kind of "individual"
will the IRS assign a "individual
taxpayer identification number" in the US tax
system?
CFR § 301.6109-1 Identifying numbers.
(a)(1)(ii) ... For the definition of IRS individual taxpayer
identification number, see paragraph (d)(3)
of this section.
(d)(3) IRS individual taxpayer identification
number—(i) Definition. The term IRS individual taxpayer identification
number means a taxpayer identifying number issued to
an alien individual by the Internal Revenue Service, ...
for use in ... filing |
Treated like animals, thousands were enslaved,
and tatooed with an ID number. This slave system was designed
so they would last one year before they 'expired.'
Free and slave ... you already
have the number. Now the identification-chips will be forced,
first in your pets and livestock (many will soon be paying fines),
then in alien residents, then IN you. Stranger things
have already happened... the faces above say it all.
America: Freedom to Fascism
A movie, non-fiction (i.e. reality)...
|
The I.D. number of the "individual"
... is the I.D. number issued to an alien individual
for use in filing.
This implies something ...
If an alien
is identified, by the regulations, and apparently by the IRS as the
individual who must have the "individual taxpayer identification
number", then ...
Can an Alien also be a Citizen?
Evidently, an alien may have a Social Security number ...
CFR Sec. 301.6109-1
(g) Special rules for taxpayer identifying numbers issued to foreign
persons--(1) General rule--(i) Social Security number. A social security
number is generally identified ... as a number belonging to a
U.S. citizen or resident alien individual.
If an alien individual can have a social security
number, can an alien individual also be a citizen or resident of the
United States? Let's see...
"individual who is a
citizen"
Considering that CFR Sec. 1 imposes an income tax
on every "individual who is a citizen"...
Who is the "individual
who is a citizen"?
USC Sec. 3121. Definitions
(e) State, United States, and citizen
(1) State
The term "state" includes ... Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(2) United States
The term "United States" ... includes Puerto Rico,
the Virgin Islands, Guam, and American Samoa.
An individual who is a citizen of... Puerto Rico (but
not otherwise a citizen of the United States) shall be considered,
for purposes of this section, as a citizen of the United
States.
Isn't this the "individual who is
a citizen"? You'll quickly see Sec. 3121 is the only
section in the USC that defines a "citizen." Take a
look...
Search the USC
(GPO) for ...
- 26USC* AND "individual who is a citizen"
(6 Total Hits)
The results:
- Sec. 6039G. Information on individuals losing United States
citizenship
- Sec. 906. Nonresident alien individuals and foreign corporations
- Sec. 6012. Persons required to make returns of income
- Sec. 3231. Definitions
- Sec. 6654. Failure by individual to pay ...
- Query Report
Why won't the GPO search function return the
'individual who is a citizen' located in Sec. 3121? Is
this term being filtered?
Now try this same search using your own copy
of the Tax Laws, and your own computer to do the searching.
Open or download a copy of the Tax Code from the U.S.
House website: http://uscode.house.gov/download/title_26.shtml
To search, use Edit >> Find, or Ctrl+F
and try searching the law again with your web browser. Search
without quotes for ...
- individual who is a citizen
(15 matches)
The results:
- Sec. 406. Employees of foreign affiliates covered by section
3121 ...
- Sec. 407. Certain employees ... engaged in business outside
the United States
- Sec. 679. Foreign trusts ...
- Sec. 861. Income from sources within
the United States
- Sec. 861. Income from sources within
the United States, in Amendments
- Sec. 864. Definitions and special rules
- Sec. 872. Gross income
- Sec. 872. Gross income, in Amendments
- Sec. 943. Other definitions and special rules (from Part
III - Income from Sources Without The United States)
- Sec. 1361. S corporation defined
- Sec. 1361. S corporation defined
- Sec. 3121. Definitions (the only definiton of "citizen"
in 26USC -'An individual who is a citizen' )
- Sec. 3306. Definitions (notice how carefully the term
"American employer" is defined compared to "citizen",
in 3121. Shouldn't the law be required to define "citizen"
with the same language and statutory construction?)
- Sec. 3306. Definitions, in Amendments.
- Sec. 6038A. Information with respect to certain foreign-owned
corporations
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Read them all. You'll see these are all about foreign income
... and that the "individual who is a citizen" is
an alien
Now re-examine the tax regulations...
CFR 31.3121(e)-1
(b) ... The term "citizen of the United States" includes a
citizen of... Puerto Rico... the Virgin Islands... Guam or American
Samoa.
If the CFR and USC Sec. 3121(e) and USC 3306(j) can
make citizens and residents out of aliens, then the question becomes...
Who is the individual?
The law states it clearly...
USC Sec. 7701. Definitions
(b)(1)(B) Definition ... Nonresident alien
An individual is a nonresident alien if such individual is
neither a citizen of the United States nor a resident of the United
States.
If
such individual is neither a citizen nor resident, an individual
is a nonresident alien. USC Sec. 7701 states it accurately...
individual
= alien
(This is also how the CFR prescribes the definition
of "individual", see definitions below).
According to USC Sec. 3121(e), it is possible that
an alien "shall be considered" a citizen or resident
of the United States. And, by re-defining "State" and "United
States", USC Sec. 3121(e) transforms many aliens into
"every individual who is a citizen or resident of the United States".
Evidently, an alien can be a citizen.
Whose idea was it to take the money from a citizen, resident, or
alien before it even gets to our bank?
Pay-as-you-go
Is withholding for citizens written in the Code? Is it in the regulations?
Is it color
of law?
Which "individuals" are subject to withholding?
"the Code imposes an income tax on the
income of every individual who is a citizen or resident
of the United States and, to the extent provided by section 871(b) or
877(b), on the income of a nonresident alien individual."
- CFR Sec. 1
Is withholding for the citizen, the resident, and the alien?
Withholding? Search the Tax Regulations (CFR)
Source: http://ecfr.gpoaccess.gov
(Right-click, Open in new window)
eCFR Boolean Search - a search which will find this
AND that AND the other thing.
1. Click on Boolean Search
2. Enter Title 26
3. Search for...
- scope AND withholding (45 matches)
- scope AND rules AND withholding (38 matches)
- scope AND rules for withholding (1 match)
You'll find that the "scope" for "withholding"
is in Sec. 1441-1, a section about "foreign persons".
- rules AND withholding AND citizen (31 matches)
- rule AND withholding AND citizen (21 matches)
- requirement AND withholding AND citizen (21 matches)
- require AND withholding AND citizen (11 matches)
Where is the coded requirement for deducting and withholding of tax
for citizens? Notice, even the instructions written for the
citizens are about foreign income
- withholding AND nonresident alien (83 matches)
- withholding AND resident (80 matches)
- withholding AND citizen (44 matches)
- withholding AND alien individual (52 matches)
- withholding AND individual resident (3 matches)
- withholding AND individual citizen (3 matches)
"Withholding" of tax on an "individual
citizen" is missing.
The data-mining results are foreign
and alien
...even for American citizens.
eCFR Simple Search - Finds simple text strings.
Source: http://ecfr.gpoaccess.gov
Copy and paste these lines in the Simple Search box, enter Title 26
- withholding of income tax
(18 matches)
- subject to withholding of tax
(6 matches)
Notice the results focus on everything foreign
- rules for withholding
(6 matches)
- rules of withholding
(5 matches)
- requirement for the deduction and withholding of tax
(2 matches)
This requirement is only written for a "foreign person"
It is located within the title of CFR Sec. 1.1441-1. There is only
one regulation with this title.
If a regulation exists with the "requirement for the deduction
and withholding of tax on payments to foreign persons"...
Why is there no regulation prescribed for "payments to U.S.
persons" or "domestic persons"?
Is this why?
- withholding of federal income tax
(1 match)
-- Voluntary?
Voluntary... how familiar. Isn't that what the tax pro-testers have
called the income tax for many years? It appears they were correct.
eCFR Proximity Search - a search that will find this
[within X number of characters from] that.
Source: http://ecfr.gpoaccess.gov
1. Click on Proximity Search
2. Enter Title 26
3. Search for...
- requirement NEAR withholding (63 matches)
Incredibly, the very first match begins with alien individuals and
foreign corporations
- require NEAR withholding (24 matches)
Clearly, Sec. 1.1441, withholding tax on foreign persons, is the prevalent
section
- withholding NEAR alien (39 matches)
- withholding NEAR resident (38 matches)
- withholding NEAR citizen (1 match, but it still applies to aliens)
- withholding NEAR alien NEAR individual (24 matches)
- withholding NEAR resident NEAR individual (11 matches)
- withholding NEAR citizen NEAR individual (0 matches)
There are plenty of tax regulations for resident and alien individuals
...but not for citizens.
- withholding NEAR individual NEAR united states (5 matches)
The individual in/of the United States appears to be; a foreign
corporation, a foreign person, or a nonresident alien individual (i.e.
[individual] foreign corporation, [individual] foreign person, nonresident
alien individual).
It is impossible to not notice that all of the regulations are about
foreign income and aliens.
- united states NEAR individual NEAR income tax (29 matches)
- united states NEAR individual citizen NEAR income tax (3 matches)
Even in the United States, for a citizen or any individual,
the results are foreign
and alien ...
Withholding for Who? Searching the Tax Laws (USC)
Source: http://www.gpoaccess.gov/uscode/search.html
(Right-click, Open in new window)
Copy the following lines "as is."
Use quotes and asterisk.
- 26USC* AND "withholding"
(83 Total Hits)
'Sec. 3402. Income tax collected at source', the requirement of
withholding is the first result
- 26USC* AND "individual" AND "withholding"
(44 Total Hits)
Notice how many laws are written for foreign incomes
and aliens
The Law defines a "withholding agent", but not "withholding"...
- 26USC* AND "term" AND "withholding" AND "means"
(44 Total Hits)
- 26USC* AND "term" AND "withholding" AND "includes"
(32 Total Hits)
- 26USC* AND "definitions" AND "withholding"
(39 Total Hits)
- 26USC* AND "definitions" AND "withholding" AND
"means"
(34 Total Hits)
- 26USC* AND "definitions" AND "withholding" AND
"includes"
(28 Total Hits)
- 26USC* AND "definition" AND "withholding"
(17 Total Hits)
- 26USC* AND "definition" AND "withholding" AND
"means"
(16 Total Hits)
- 26USC* AND "definition" AND "withholding" AND
"includes"
(13 Total Hits)
Notice that for most of us a withholding agent is not our
employer.
According to the law, a "withholding agent" is only
allowed to deduct and withhold from
"nonresident aliens" , "foreign corporations", and
"foreign organizations"
USC Sec. 7701(a)(16) Withholding agent
The term ``withholding agent'' means any person required to
deduct and withhold any tax under the provisions of section 1441, 1442,
1443, or 1461.
All of the laws, and regulations, that make a "withholding agent"
required (CFR Sec. 1441... ) to deduct and withhold any tax
are laws for aliens and foreign corporations. So, why is there no "withholding
agent" for a U.S. citizen, or U.S. individual, or U.S. person?
- 26USC* AND "withholding" AND "alien" AND "individual"
(22 Total Hits)
- 26USC* AND "withholding" AND "resident" AND
"individual"
(21 Total Hits)
- 26USC* AND "withholding" AND "citizen" AND "individual"
(17 Total Hits)
- 26USC* AND "withholding" AND "u.s. person"
(No results, but a U.S. person is defined.)
Is it just a coincidence, that Secs. 1441, 3401, and 3402
are found in nearly every search?
Take a look at the specific instructions in the USC,
and you'll see the requirement.
USC
Sec. 3402(a) Requirement of withholding
(1) In general
Except as otherwise provided in this section, every employer
making payment of wages shall deduct and withhold...
Who is the employer?
USC
Sec. 3401 Definitions
(d) Employer
... the term, "employer" means the person for whom an individual
performs or performed any service...
Notice that the employer is employing an individual.
Where is the definition of "withholding"?
Where is the definition of "individual"?
Search the Code of Federal Regulations
Source: http://ecfr.gpoaccess.gov
Definitions: Withholding
Choose Proximity Search >> Enter Title 26 >> Search for...
- term NEAR withholding NEAR means (12 matches)
- term NEAR withholding NEAR includes (9 matches)
- definition NEAR withholding NEAR means (0 matches)
- definitions NEAR withholding NEAR means (1 match) Use plural word
- definitions.
The definition of "withholding" is only
written in CFR Sec. 1.1441-1.
But, section 1.1441-1 is for aliens
and foreign incomes
Here is just one of the many examples where a term is hidden on the
eCFR website, at least that is the effect when a term is written in
italics. The codes, if they include a word in italics, are not returned
in search results...
Testing a False Negative Result -
Choose Simple Search >> Enter Title 26 >> Search for...
- the term withholding means
(0 matches)
-- No matches?
But, it does exist - in Sec. 1.1441-1(c)(1) - next to the definition
for "individual" and "U.S. person."
Notice this text string shows up just fine on the other GPO CFR website,
put this into their search box:
"the
term withholding means"
(http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=200526)
The tax imposed is upon the "individual" and the
"alien individual" (CFR
Sec. 1.1-1), ... And, the "employer" is a "person"
[the blob] that is served by "an individual"
(USC
Sec. 3401)...
So ... Where is the definition for "individual"
written?
Definitions: Individual
The definition for "individual" is located in the
same paragraph as the definition of "withholding"...
(see Data-mining for the "individual" below)
26
CFR 1.1441-1 "Requirement for the deduction and withholding of tax
on [...everyone]"
(c) Definitions--
(1) Withholding. The term withholding
means the deduction and withholding of tax at the applicable rate from
the payment.
(2) Foreign and U.S. person. The term ... U.S. person is a person
described in section 7701(a)(30), the U.S. government (including an
agency or instrumentality thereof), a State (including an agency or
instrumentality thereof), or the District of Columbia (including an
agency or instrumentality thereof).
(3) Individual--
(i) Alien individual. The term alien
individual means an individual who is not a citizen or a national of
the United States. See §1.1–1(c).
(ii) Nonresident alien individual.
The term nonresident alien individual means a person described in section
7701(b)(1)(B), an alien individual who is a resident of a foreign country
under the residence article of an income tax treaty and §301.7701(b)–7(a)(1)
of this chapter, or an alien individual who is a resident of Puerto
Rico, Guam, the Commonwealth of Northern Mariana Islands, the U.S. Virgin
Islands, or American Samoa as determined under §301.7701(b)–1(d)
of this chapter. An alien individual who has made an election under
section 6013 (g) or (h) to be treated as a resident of the United States
is nevertheless treated as a nonresident alien individual for purposes
of withholding under chapter 3 of the Code and the regulations thereunder.
That's it? What about a citizen? Why isn't
a individual citizen included in the definition of "individual"?
The definition of an individual is clearly written in plain
English. The Treasury Secretary didn't just forget to add a citizen
to the definition of individual. He knew better, obviously.
Notice, this is the only definition of "individual"
(determined by data-mining the government's own GPO) that exists in
the CFR.
According to the tax regulations...
individual = alien
This definition concurs with all of the data-mining results we've seen
so far...
- The required codes - individual, citizen, resident, united states,
and taxable income; and the required condition for the tax imposed
(who + where + what = USC Sec. 861) clearly demonstrate
the income tax belongs to aliens
and foreign income
- The examples given for "domestic source income" and the
instructions for a "computation of taxable income from sources
within the United States" are found in CFR Sec. 1.861;
all alien ,
foreign
- The number of laws and regulations written for an "individual"
are overwhelmingly for aliens
and even the instructions for citizens will be for aliens
and foreign items
- The IRS's own ID-number, for the individual taxpayer, is
for aliens
[CFR
301.6109-1(d)(3)]
- The fact that aliens
can also be considered citizens or residents of the U.S. [USC
3121(e)]
- "Requirement for the deduction and withholding of tax"
from any person or individual [CFR
1.1441-1], and the duties of a withholding agent [USC
Sec. 7701(a)(16)], are exclusively for aliens
- And finally, CFR
1.1441-1(c)(3) shows that the definition of "individual"
means only an alien
Notice section 1.1441-1 also defines a "U.S. person", so....
- Why doesn't Sec. 1.1441-1 define a "U.S. individual"?
- Why isn't "foreign person" or "U.S. person"
included within the "definitions" for "Individual"?
- Why isn't "foreign person" or "U.S. person"
included in the imposition of tax in Sec. 1.1-1?
Isn't it because a U.S. individual is not taxed on domestic income,
and that in addition to being "a citizen or resident of the United
States", a "U.S. person" is also:
- "the U.S. government"
- "a State"
- "the District of Columbia (including ...)"
-- [26CFR 1.1441-1(c)(2)]
"I want more!"
[the blob grows bigger as it consumes]
CFR Sec. 1.1441-1 has the only definition for "individual"
(specifically) and the only definition for "withholding"
in the CFR or USC.
If you still want to confirm that CFR Sec. 1.1441-1 contains the only
definition for "individual" in the Tax Laws or Regulations,
it's very easy to do so by using the Government Printing Office search
engine...
Searching the Laws (USC) for the definition
of "individual"
Source: http://www.gpoaccess.gov/uscode/search.html
(Right-click, Open in new window)
Use the quotes as shown, and note the asterisk*.
- 26USC* AND "individual" AND "means"
(334 Total Hits, see last Hit called Query Report; 333 docs)
- 26USC* AND "individual" AND "includes"
(194 Total Hits)
- 26USC* AND "definition" AND "individual"
(103 Total Hits)
- 26USC* AND "definition" AND "individual" AND
"means"
(97 Total Hits)
- 26USC* AND "definition" AND "individual" AND
"includes"
(59 Total Hits)
- 26USC* AND "definition" AND "individual" AND
"resident"
(26 Total Hits)
- 26USC* AND "definition" AND "individual" AND
"alien"
(22 Total Hits)
- 26USC* AND "definition" AND "individual" AND
"citizen"
(19 Total Hits)
- 26USC* AND "individual" AND "united states"
(234 documents found) -- See last Hit called Query Report for number
of documents found.
Notice how high Sec. 861, 864 and 865 are in the
list of results for this query; position 4, 7, and 12. If you consider
the content required for this query, then Sec. 861
is the primary result.
You also shouldn't miss the fact that the next applied result is Sec.
871, "Tax on nonresident alien individuals"
Even if this search is narrowed further, the laws for an individual
in the United States will differ little...
- 26USC* AND "term" AND "individual" AND "means"
AND "includes" AND "united states"
(100 Total Hits)
Again, see how high Sec. 861, 864 and 865 are in
the list of results for this query; 4, 7, and 12.
The next applied result is again Sec. 871, "Tax on nonresident
alien individuals"
The definition of "individual" is not written in the USC,
it's in CFR 1441-1.
Search the Code of Federal Regulations for the definition of "individual"
Source: http://ecfr.gpoaccess.gov
(Right-click, Open in new window)
eCFR Proximity Search
1. Click on Proximity Search
2. Enter Title 26
3. Search for...
- individual NEAR means (161 matches)
- individual NEAR includes (141 matches)
- term NEAR individual NEAR means (83 matches)
- term NEAR individual NEAR includes (44 matches)
- definition NEAR individual NEAR means (3 matches)
- definition NEAR individual NEAR includes (0 matches)
- definition NEAR individual NEAR taxpayer (2 matches / 1 reg) - This
search produces one regulation, CFR Sec. 301.6109-1 Identifying numbers,
"issued to an alien"
eCFR Boolean Search
Source: http://ecfr.gpoaccess.gov
1. Click on Boolean Search
2. Enter Title 26
3. Search for...
- individual AND means (618 matches)
- alien individual AND means (58 matches)
- nonresident alien individual AND means (54 matches)
Sec. 1.1441-1, for aliens
and payments to foreign persons ,
is found in each.
- term AND individual AND means (522 matches)
- term AND alien individual AND means (52 matches)
- term AND nonresident alien individual AND means (49 matches)
Sec. 1.1441-1, for aliens
and payments to foreign persons ,
is found in each.
- definition AND individual AND means (283 matches)
- definition AND alien individual AND means (28 matches)
- definition AND nonresident alien individual AND means (25 matches)
Sec. 1.1441-1 has the definition of "individual";
the individual is an alien
There aren't too many regulations to read in order to confirm. And,
it's a quick read because all the keywords are highlighted by the Government
Printing Office.
eCFR Simple Search
Source: http://ecfr.gpoaccess.gov
- individual who is a citizen
(21 matches)
All foreign income
or not applicable to Income taxes, e.g. Gift taxes,...
- individual means
(3 matches)
Why is Sec. 1.1441-1(c)(3) missing?
Italic words experience a filtered effect on the eCFR GPO
search engine. So, try searching again at the other GPO CFR website:
http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=200526
- individual who is a citizen
(23 Total Hits)
- individual citizen
(23 Total Hits)
- individual means
(27 Total Hits)
Notice Sec. 1.1441-1 is found at the other GPO website.
You may also want to try searching through a PDF copy of regulations
on your own computer. Download PDF-format regulations here.
Code is precise.
There can be only one definition for an object. That's the reason for
codification; to have specified instructions and definitions is the
only way any system can work.
There is only one definition for an "individual", it's written
in 26CFR 1.1441-1(c)(3).
The "alien individual" is
the legally defined "individual."
The tax imposed is on the legally defined.
Who must file an income tax return?
§ 1.6012-1
Individuals required to make returns of income.
(a) Individual citizen or resident—(1) In general.
Except as provided in subparagraph (2) of this paragraph, an
income tax return must be filed by every individual for each taxable
year beginning before January 1, 1973, during which he receives
$600 or more of gross income, and for each taxable year beginning
after December 31, 1972, during which he receives $750 or
more of gross income, if such individual is:
(i) A citizen of the United States, whether residing
at home or abroad
(b) Return of nonresident alien individual—(1) Requirement of return—(i)
In general. Except as otherwise provided in subparagraph (2) of this
paragraph, every nonresident alien individual (other
than one treated as a resident under section 6013 (g) or (h)) who
is engaged in trade or business in the United States at any time during
the taxable year or who has income which is subject to taxation under
subtitle A of the Code shall make a return on Form 1040NR. For this
purpose it is immaterial that the gross income for the taxable year
is less than the minimum amount specified in section 6012(a) for making
a return.
(Notice that only aliens are absolutely required to file a return.
A citizen is provided a condition in which it's possible that
the citizen may not need to file an income tax return. It is a small
amount, but the condition does exist.)
Who is the "individual citizen"
that must file a return?
Search the Code of Federal Regulations
eCFR Simple Search
Source: http://ecfr.gpoaccess.gov
(Right-click, Open in new window)
- individual citizen
(15 matches)
There are only 15 matches in 26CFR with rules for an "individual
citizen". What do they say?
eCFR Boolean Search
- individual citizen AND income tax (7 matches)
- individual citizen AND file AND return (5 matches)
- individual citizen AND filing AND return (7 matches)
- individual citizen AND required to file AND return (5 matches)
- individual citizen AND required to file (5 matches)
- individual citizen AND filing AND instructions (3 matches)
You'll see that everything written for an "individual citizen"
is found in just 10 regulations (*eCFR, 2006).
We know that Sec. 1 says the income tax is imposed on all three of
these individuals...
- the individual citizen (individual who is a citizen)
- the resident
- the nonresident alien individual
And, we know the required condition for the income tax in CFR Sec.
1...
Tax imposed = [individual + (citizen
OR resident) + nonresident alien] + united states + taxable income
= who + where + what
And, if you look, you'll see that the following is the required
condition for the income tax given in USC 1...
Tax imposed = taxable income + every individual
So, notice that even when a citizen is referred to as an "individual
citizen", the rules exist together...
- individual citizen AND resident AND income tax (6 matches)
- individual citizen AND nonresident alien AND income tax (6 matches)
- individual citizen AND nonresident alien AND resident (6 matches)
eCFR Proximity Search
Source: http://ecfr.gpoaccess.gov
- individual citizen NEAR income tax (6 matches)
Key:
Who must file an income tax return? And, what about
the condition in which it may be possible for a citizen to not
have to file a return?
Who must (shall) file is easily found above within the 15 matches
for an "individual citizen"...
In addition to those who shall file, the individual citizen
must file only if he receives $750 or more of "gross income"
(in the worst case) - CFR
Sec. 1.6012-1, unless the individual citizen meets an exception
provided by subparagraph (2).
However ... there may be no gross income at all. Why? Because
it's possible to not have any gross income ... the rules say it is so...
"more common items ... are ... excluded
from gross income entirely." - CFR
Sec. 1.61-1(b)
Notice that only Sec. 1.861 tells us how
gross income is excluded entirely...
eCFR Proximity Search
Source: http://ecfr.gpoaccess.gov
- income NEAR excluded NEAR entirely
(2 matches) - Sec. 1.861
["See paragraph (d)(2) of this section with respect to ...
excluded income."]
Only Sec. 1.861 tells us about the gross
income enumerated in Sec. 1.61 ["Except as otherwise provided..."]
eCFR Simple Search
- gross income enumerated
(1 match) - Sec. 1.861
["namely: (i) Compensation...; (ii) Gross income...; (iii) Gains...;"
]
According to regulations, only a
nonresident alien individual must file. There isn't
a minimum requirement for aliens, they must simply file returns - CFR
1.6012-1(b)
What's the deal with the citizen?
How can common items be excluded entirely?
A domestic-citizen reading the tax rules will find that their
income belongs in a specified "class of gross income".
It cannot be confused because the rules say it again clearly...
- "[gross income] may include, or consist entirely of,
excluded income" - CFR
Sec. 1.861-8
- "a class of gross income may include excluded income."
- CFR Sec. 1.861-8
And, if you look just a little harder and closer...
e-CFR Simple Search
Source: http://ecfr.gpoaccess.gov
, Title 26
- class of gross income
(102 matches) - Almost all are in Sec. 1.861 and
thereunder.
- excluded income
(13 matches) - Six are located in Sec. 1.861
- eliminated income
(4 matches) - All matches are located in Sec. 1.861
- there may be no item
(1 match) Sec. 1.861-8
[An instruction, a conditional statement, a vital condition that truly
exists in the Code of Federal Regulations, and would be a critical
condition within any Code.]
So, if there may be no item of gross income, a citizen will
definitely need...
- specific guidance
(1 match) Sec. 1.861-8
- specific sources
(3 matches) All matches are in Sec. 1.861-8
A citizen will also need any rules written for the specific
deductions...
- specific deductions
(1 match) Sec. 1.861-8
And, a citizen will need to know how to...
- allocate deductions
(1 match) Sec. 1.861-8
- allocating the deduction
(2 matches) Both in Sec. 1.861
- some deductions
(2 matches) Both in Sec. 1.861-8
- most deductions
(1 match) Sec. 1.861-8
- various deductions
(1 match) Sec. 1.861-8
- all deductions of the taxpayer
(1 match) Sec. 1.861-8
- deductions to gross income
(3 matches) One refers to 1.861, and one is Sec. 1.861-8
- deductions to excluded income
(1 match) Sec. 1.861-8
And, of course, along with the instructions for deductions, the instructions
for...
- how to determine taxable income
(2 matches) Both in Sec. 1.861-8
It cannot be missed, Sec. 1.861 is not frivolous, it
is vital.
Exempt income? What do the rules say?
Only 1.861 prescribes what is eliminated for federal income tax.
Only Sec. 1.861 defines "exempt income"...
- eliminated for federal income tax
(1 match)
["Exempt income ... defined"] - Sec. 1.861-8T(d)(2)(ii)
"every
individual... and nonresident alien individual"
- 26CFR Sec. 1.1-1
Who is the "nonresident alien"
?
"26USC 7701
(b) Definition of ... nonresident alien
(1) In general...
(A) An...individual"
(B) An individual..."
"alien" = individual.
Definition: alien
= individual
Who is the "individual"
?
You may consider yourself an "individual"...
but are you the legal definition of an "individual"?
After seeing all of the data-mining results on this page, which produce
foreign and alien income ... isn't this all you really needed
to know about the income tax...
- There is an income tax ...
USC
Sec. 1 "imposed on the taxable income of ... every ...
individual"
-
The definition of "individual" ...
CFR
Sec. 1441-1 "Requirement for the deduction and withholding
of tax
[...for anyone]
(c) Definitions--
(1) Withholding.
(2) Foreign and U.S. person.
(3) Individual--
(i) Alien individual
(ii) Nonresident alien individual..."
The "individual" is
an alien!
Definition: individual = alien
Definition:
individual = alien
Definition: alien
= individual
Result: individual = alien = individual
Concurrence.
The codes are clear. The Code is simple.
Organized-criminals are operating under color
of law, stealing labor from countrymen. Simple treason.
"The
business ... is to destroy the truth, to lie outright, to pervert, to
vilify... to sell his country... We are the tools and vassals of rich
men behind the scenes. We are the jumping jacks, they pull the strings
and we dance. Our talents... and our lives are all the property of other
men. We are intellectual prostitutes.
-- John Swinton, New York journalist speech before his fellow news writers
Traitors:
Truth also has a code, a pattern, but you do not fit the pattern. Your
pattern is bad. You lie. You are a virus in the system, to be quarantined.
Truth
and false. What's your choice?
"If there should be
unmistakably found in his hand what was stolen ... he is to make double
compensation"
-- Exodus 22:4 New World
None of you can hide. The Law will catch up,
with the Truth, and the guilty.
You are all going to pay.
|