THIS, YOU NEED TO KNOW A primer for non-filersby Bob Minarik / Patriots for Liberty
There are some facts of life that you flat out need to know before you jump into the deep end of the non-filing pool, cause if you don't, you're gonna get shot down. And that's reality!! I've been involved in the patriot movement since 1969 and the tax patriot movement since 1975. We've spent years researching the issues and assisting those with tax related problems, both in and out of the court room. We certainly haven't won all our cases, but even with those we lost, we learned. What we learned, you need to know. That's the purpose of this brief report. Wisdom suggests that you take the time to read and study it. We've been there, done the research and we know how to separate the wheat from the chaff.
At the present date and in a nutshell, our research has confirmed that government was intended to be the servant of the people and not their master. We have verified that the government originally recognized that our fundamental rights came from our Creator and as the Supreme Court stated, "existed long antecedent to the state."
We further found that government's primary purpose was to protect those rights. A number of our founding fathers refused to ratify the Constitution for the United States of America, until and unless distinct restrictions were incorporated within that Constitution, specifically protecting the rights of the people. Hence the Bill of Rights, which more appropriately could have been titled a Bill of Restrictions, was added.
The Constitution was not meant to restrict "We the People." The Constitution was a set of rules from "We the People" to the government, just as the 10 Commandments is a set of rules from God to "We the People."
The Constitution gave us no rights and only restricted "We the People" and local and state government to the narrow extent that specific delegated authority was granted to the federal government to do specific tasks as enumerated in Article 1, Sections 8, 9 and 10. Any subsequent authority was to be transferred only by the Amendment process and NOT by usurpation.
"We the People" do not take an oath to uphold the Constitution. Government officials do. And once they do, they become a servant of the people with a specific obligation to uphold that Constitution and protect the rights of the people.
With that foundation, we come in conflict with entities like the IRS, who presume that we are their servants. The Commissioner of Internal Revenue, claiming authority from Congress, who claims authority from the Constitution, now presumes that everyone comes under their dominion and everyone is obligated to waive fundamental rights in order to comply with statutory provisions. We strenuously disagree!!
I make my claim that no one can obligate me to waive my rights to work and exist. I claim my right to the security and privacy of my home, my papers and effects. I claim my right to be free from any mandate to be a witness against myself, to talk or not to talk, or take an oath. Unless I voluntarily waive those rights, no one has rightful authority to compel the waiver of those rights, under any guise, including taxation, without due process of law.
Our conflict with the income tax scheme, in its present form as it is being administered today, is the forced waiver or rights, not money or property, but RIGHTS. The bottom line of the war with government is the theft of our rights, the destruction of our liberty and the usurpation of our rightful supremacy as masters over our government.
However, what is proper, just and correct comes into conflict with reality and enormous government power. I have personally seen good people jailed, their property stolen, and families destroyed because they have refused to waive their rights and comply with arbitrary government edicts.
I have seen good intentioned patriots attempt to fight this tyranny based on a myriad of bull manure theories. I have seen con men and agent provocateurs under the guise of offering assistance, steal the resources of those being personally attacked by government agents.
I have seen unmitigated arrogance by government officials, who claim master status over the people. I have seen judges, merely to keep their job or to keep the
present system alive, carve out special exemptions for those government officials and agencies even when the law and the facts were overwhelmingly superior to the government's claim.
Because of this we have become more foundation orientated. We have come to realize that too many of us don't have our ducks in a row before we try to reclaim our rights, which through ignorance, we have failed to assert.
Prior to reasserting these rights and making a head on challenge to the tax system, I believe that a solid factual foundation is mandatory. To establish some standard of what is necessary, we should look at the worst case scenario.
Today, if you challenge any aspect of government on the claim that you are the master and government is the servant, the government will attempt to destroy your will to resist by jailing you, stealing all your property, and permanently breaking up your family. That is not theory. That is reality. Don't ever forget it!!
To counter this, there are steps that must be taken prior to making your claim and refusing to submit non applicable government forms. First you have to get your head on straight. If you haven't done so already, you need to make a determination of whether you are one who is liable to file forms, waive rights, and pay an income tax. If you are liable, either follow the dictates of the IR Code and corresponding regulations or rid yourself of the impediment that brings you within the purview of that Code. If you aren't able to make that determination, then file the forms and pay the tax until you are able. Don't put the cart before the horse. If you don't know what I am saying, you're still not ready!!!
If you do make that determination and you are prepared to hold it as your conviction of your belief, rather than as a preference just to save a buck, then you are ready to move forward.
I am a strong advocate of establishing a solid factual evidentiary foundation to gut the first of those worst case scenarios, the criminal prosecution. To do this you will need to start by making inquiry of the government as to any obligation you may have, especially how you are personally obligated to waive fundamental rights in order to comply with their statutory scheme.
This inquiry and their response or lack of response is the foundation for the determination that your are not one obligated to waive your rights and comply with any taxing scheme under the claimed income taxing statutes. Don't presume anything. If the government is making the claim, the burden is on the government to substantiate the claim or show you the reason why.
From that point, our contention is that you should reply to any substantive counter inquiry by the government "of where is your tax form." Most times simply shifting the burden of proof back to the accuser and requesting verification of their claim is sufficient to establish that evidentiary burden of proof. Remember, its not so much what you get, it is what you don't get that is important.
In addition to letters of inquiry, you should be seeking professional opinion letters from those attorneys, accountants, consultants and researchers who offer to examine your position and explain to you why you are not one who is liable for an income tax. Names of such counsel are available on line by searching the key words "reliance defense."
The use of the Freedom of Information Act and the Privacy Act cannot be overlooked in establishing that factual evidentiary foundation to search for any documents of determination within the Treasury/IRS systems of records upon which they base their claim that you are "a person liable. If you don't understand how to use the FOIA and PA to your advantage, you don't yet have your ducks in a row sufficient to be on the front lines of the tax patriot movement.
Another method of building a factual evidentiary foundation, to gut a criminal prosecution, is to demand a face to face meeting with the agency honchos and personally putting the questions to them, while at the same time making the demand for documents which support their claim. It takes some cohunes, but when the agents can't answer the questions or document their position, and further refuse (which they will do) to ever meet with you again, that is one fantastic reliance defense!!
If you can't do these things, then stay in the system!!!!!
Although I can tell you that I don't submit income tax forms to the state or federal government and haven't for 27 years, this doesn't mean you have to tell the world that you are a non-filer. Discussions of finances and your personal filing status in regard to taxes should likely be as personal as your sex life. Remember the 3 basic rules of survival when dealing with any government entity:
*1) Don't say anything,
*2) Keep your mouth shut and
*3) SHUT UP!!!!!
If a government agent calls you on the phone and starts asking you personal questions, you should respond courteously, but firmly, with a statement such as, "I'm busy right now (or I don't discuss private matters over the phone), please put your request in writing." If another question is asked, repeat what you said and then hang up the phone. If you can't remember this, put a note by the phone.
If an agent comes to your door and tries to questions you, you smile and courteously state the same thing. If you can't remember this, put a note by your door, too. You also need to teach this to the family. Government agents are pros in eliciting information. They want to catch you off guard and get you to make statements that they can use to their advantage. This is not even the time and the place for you to be making inquiry of them. You must discipline yourself and your family to remember the three basic rules of survival mentioned above. These are fundamentals. The goal of any prosecutor is to get their case on the record and block your case off the record. The more you talk, the more ammunition you give them to use against you in or out of court.
The second worst case scenario is that those who want you back in the system, will want to steal all your property to get you there. So, inventory your property. If you can't afford to lose it, you need to be judgment proof. This means "NO PROPERTY IN YOUR NAME PRIOR TO THE ACTION TAKEN." This means no funds in the bank, whole life insurance policies, stocks, bonds, real estate, vehicles, boats, etc. etc. etc. This means no future pensions, IRAs, annuities, payments or accounts receivable etc. etc. etc. Any and all property owned by you is subject to theft (with very few exceptions) by those in the IRS without a court order. If you can't afford to lose it, fix the problem in advance or stay in the system!
If you don't want hassle. Don't leave a paper trail. Liberty is inversely proportional to government control. The more control the government has, the less liberty you have. A paper trail is, however, proportional to hassle. The more paper floating around, the more the hassle. That means no 1099s, no K-1s, no W-2s, no W-4s, no bank accounts, no credit cards, no public loans, no bank mortgage (1098's generated).
Paper referencing you, is easy to get if you are IRS agent. It is rare case indeed when anyone can permanently stop any banking entity from turning over an entire file on you, merely on presentment of an administrative summons to that banking entity.
Any 1099's showing receipt of "revenue taxable income" indicates you are involved in "revenue taxable activity." When that is the case, the agent can use a
1099 showing a few bucks received as a basis for going to the Bureau of Labor Statistics and alleging a forty or fifty thousand dollar claim against you. And the courts universally, in every federal circuit, will uphold that fraud. So, I repeat. No paper trail!!!!!! If this is to tough for you, Stay in the system!!!!!
Third worst case scenario, the potential destruction of your family. You need to talk your position over with your spouse. You need to discuss what is the worst case scenario if you come under either civil or criminal attack by a government entity. If a problem exists, you need to sever your spouse from you for tax purposes. If you are the breadwinner, you have an obligation to your family. You better assess your risks and determine how well you and your family can swim before you jump into the deep end of the non-filing pool.
I don't want to beat a dead horse, but I have to present this admonition: Don't get involved in some wild theory unless you have personally researched that theory and you are confident that you can present that theory fluently before a jury!!
As I stated previously, the are many agent provocateurs and con men in the tax patriot movement. These people are willing to promote a line of bull and sell it to you for thousands of "frns." Before you jump into the deep end of the pool and buy into their program, you need to personally check out their track record. Don't just grab onto some wild theory because it sounds good or out of fear. Use common sense. Act like a reasonable man or women. Reasonable people don't act irrationally. They make inquiry before they commit themselves. A good rule of thumb. If today's courts don't recognize the position, don't use it. If in doubt, fall back to the "Rights issue" position. That position is well recognized.
Believe me, I have seen some wild theories cross my desk. I am consistently amazed that so many people are willing to be suckered so easily and be so willing to shuck out thousands of bucks without prior investigation. Wisdom suggests that the higher the cost, the more gun shy you should be. There are no silver bullets!!!!!
The enemy is powerful and does not deal from the top of the deck. In addition they control the courts and the judges. Even if you are one of those "one-out-of-20" who does win a criminal tax trial, the financial costs for a good attorney are immense. You are either extremely skilled, overly arrogant, or a damn fool if you think you can win against the feds in a criminal case without a good attorney.
What I am trying to impress upon you is to step gently and thoughtfully. You've been acting the roll of a subject a long time. It takes a while to get your ducks in a row. If you are going to make the move, don't procrastinate and don't be skipping important steps.
I'm stressing to you to lay that solid factual evidentiary foundation so you never even get into a criminal courtroom situation. I'm stressing to you to keep your mouth shut and your writings on focus so as not to make stupid admissions and confessions.
I'm stressing to you to never give your opponent the opportunity to feel confident that a jury will find you guilty of a crime when no crime exists. I'm stressing to you to never let your opponent have the opportunity to be able to steal any of your property. I'm stressing to you to never proceed forward without having protected your family.
Unless you are serious, don't bog me down with phone calls. If you are going to call, get a tape recorder hook up for your telephone, so I don't have to keep repeating fundamentals or reinvent the wheel. I talk fast but I talk clearly. I don't give legal advice. I am not an attorney. I only make suggestions and give opinions. The bottom line to weaving your wave through a non-filing position is yours. The buck always stops with you. There are no exceptions!!!!
This - you need to know.
Patriots For Liberty -
5288 N. 1000 W. Rochester, Indiana 46975e-mail: rlmpfl9065@earthlink.net
ph. 574-542-9065