Saturday, May 10, 2008

CNN Get's 861 Right

...For Once!

In the article here

in mentioning Actor Wesley Snipes :

8. Wesley Snipes
In 2006, the famous actor was indicted on conspiracy charges that alleged he falsified past tax returns. (He claimed he was due a refund of nearly $12 million.) The government alleges that Snipes claimed the refunds using the "861 argument," which states not all income is taxable. They also accused him of failing to file tax returns from 1999 to 2004.
He went to court earlier this year and was acquitted of the major conspiracy charge, but the court found him guilty of the three lesser misdemeanor charges for failing to file his tax returns. He faces up to three years in prison and will be sentenced on April 24 of this year.

CNN Got it completely correct!!!!!

Amazing how they simply stated "The government alleges that Snipes claimed the refunds using the "861 argument," which states not all income is taxable."

This is prcisely the fact, as even the first seven words of Section 61 states that not all income is gross income, as it is subject to ever exclusionary provision of Subtitile A; Except as otherwise provided in Subtitle A, gross income is....

Section 861 is in Subtitle A. So would that be something for discussion, argument, and even consideration in the jury that convicted Wesley Snipes?

Not if there is no exemption clause in section 861.

Well is there one?

The judge asked me that and I said not in the statutes, but in the regulations there is, and the Tax Court citing the U.S. SUpreme COurt stated that since the section 861 Regulations had not been significantly altered in well over 50 years that they were deemed law.

Did the Judge discuss this in his ruling against me?

Did the jury deliberate this in Wesley Snipes case?

Was this point of the law allowed to be brought up as Wesley Snipes good fith effort that was stimed by the government ignoring the law and acting criminally which then lead to his desperate efforts to protect his property/money?

I doubt it.

Still, Section 61 says not all income is gross income. Since section 63 defines taxable income as reliant upon the defeinition of gross income section 61, then IN FACT not all income is taxable, as taxable income does not include income exempted by Subtitle A.

So WOW! CNN told the truth. The law is clear. Not all income is taxable income because not all income is inculded in gross income.

One did not need to read section 861 to know this.

So why then do the IRS, judges, and juries not look at the law, like 861 which defines U.S. Sources subject to the income tax, when they are raised as a defense?

Why is the law not a defense?

Answer Number one: The IRS and Judges say any discussion of section 861 by U.S. Citizens is frivolous. Even though the case of Chevron v. Commissioner was about a U.S. Corporation which argued 861 regualtions, and the court held it binding for determining exempt income as well as source, and held the regualtions to be law since they had been effectively unlaters since at least the 1920's.

Answer Number Two: Because the Juries are lead to believe that it is ludicrious for any sane person to believe that not all income is taxable income, so that the jury does not investigate the law and find out what it really says.

Answer Number 3: The United States Department of Justice is instituting a New Project that labels anyone who questions its determinations of law to be a 'Tax Denier'. That is like a Holocaust Denier in Europe, who can be subject to criminal prosecution for speaking. Here will be like there. You can believe anything that you like, as long as you do not speak or publish your thoughts.

This is the present circumstance of Freedom, under a government that is supposed to be accountable to the People, who are supposed to enjoy, not endeavor through pitfalls of danger but enjoy, a free marketplace of ideas.

Is this Justice?

Is this the America that our girls and boys are dying for?

Is such Justice worth dying for? Now remember, this is the same Justice that had three forms of realtime evidence that the Marines at Haditha did not violate rules of engagement, but the Pentagon has moved forward to destroy these young people anyway.

Does such Justice deserve to prevail over a foreign enemy attacking the essence of our nation, which is ultimately our system of Justice?

I have answered that question. Most people never will.

It is too scary.

So what do the section 861 regualtions say that is so terrifying that the Department of Justice, U.S. Supreme Court, and the Lower Courts will lie and violate Human Rights in order to silence it?

I cannot tell you, because I have been federally enjoined from speaking.

But there are others.......

So now they are after Reverend Al;

So what do Reverend Al and Wesley Snipes have in common?

Both took a stand regarding the Rights of individuals in the face of big government.

Both are Black.

Mr. Snipes used the legal argument broken to the Public by me at NITE.ORG.

Rev. Al...I used to be his Lawn Boy.

Thurston Paul Bell