Concerning spiders, “Today’s Weird and Odd News,” MSN’s headlines today, a ship was turned away from Guam because of thousands of spiders of a breed that was not on Guam. For weird and odd news, that doesn’t stand a candle to the fact, as we sit helplessly watching it happen, that the government of the United States is spending the nation into bankruptcy.
I’m a disabled veteran of World War II. I receive a substantial gift of money, as well as free health care. I also receive Social Security. Government entitlements have grown to the point that the burden is too great on the taxpayers. The government can’t bring in enough revenue to meet its obligations.
I was a successful independent businessman. Federal income tax, federal regulations, and federally caused double digit inflation, drove me out of business, all of it done to finance government entitlements. Weird! Government entitlements are killing the goose that laid the golden egg. The IRS lawlessly put me on the street in order that others might receive my sweat.
Government has painted itself into a corner. Nobody with a voice has the answer. Those with the voice have much to lose. Comes the Tea Party without a comprehensive plan. What do you do with all of those depending on government? You can’t jerk the rug out from under them.
Obama and company are playing a shell game, buying votes with handouts, killing the engine of enterprise. It’s the weirdest thing I’ve ever seen. The U. S. Constitution divided government’s power between the administration, legislature, and Court. Lastly, it established a Bill of Rights for the individual’s protection.
In 1933, the weirdo, President Franklin D. Roosevelt asserted, “While isn’t written in the Constitution, nevertheless, it is the inherent duty of the Federal Government to keep its citizens from starvation.” He established the National Industrial Recovery Act and the National Recovery Administration, calling it “New Deal Law.” The Supreme Court rightly called it unconstitutional.
In 1937, this weirdo, FDR, declared, “The balance of power between the three great branches of the Federal Government has been tipped out of balance by the Court in direct contradiction of the high purposes of the framers of the Constitution. We have reached the point where we must take action to save the Constitution from the Court.” Justice Brandeis, a Roosevelt appointee, would later reason, “Property is only a means. It has been a frequent error of our Court that they have made the means the end.” Thus, came the end justifies the means, Roosevelt policy. Anything to bring about the end the powerful want, the New Deal is as old as the hills. Power is a drive. It has no connection with reason and logic.
Obama says he is a Roosevelt Democrat. Obama is a Harvard trained lawyer, the very worst of the lot. He is a weirdo, completely out of orbit. The Obama run United States is currently being driven by the law of the jungle.
Way back In 1973, I wasn’t aware the Constitution had become a historical document in a glass case in Washington, D.C. After looking over the Constitution and my Bill of Rights, in 1973 I decided to exert my constitutional right to my property. The IRS, in a letter to me, had claimed that it had a right to a hundred percent of my property. I had a personal stake in the outcome. That gave me the right to challenge the IRS in court, and that’s what I did.
A corporation is a legal entity. It has no constitutional rights. But Standard Nut Margarine Company, in 1932, challenged the IRS for calling margarine the same as butter and taxing margarine. The Supreme Court: “Except as provided in sections 6212(a), no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court.” This requirement, I read, does not apply to assessments under Subtitle C of the Code. That section of 7421 bars all actions to restrain collection except “Where (a) the tax assessment is an illegal exaction in the guise of a tax and (b) there are ‘special and extraordinary circumstances’ sufficient to bring the case within some acknowledged head of equity jurisprudence.” If income tax is O.K. for a corporation to challenge, why not me? The same as you can’t call margarine butter, you can’t call me something I’m not. I existed on the fruits of my labor in 1973, not on welfare.
I read that the district courts shall have original jurisdiction of any civil action against the United States for the recovery of any internal revenue tax alleged to have been erroneously or illegally assessed or collected, or any sum alleged to have been excessive or in any manner wrongfully collected under the internal revenue code. Two district courts dismissed me by reason of the Declaratory Judgments Act. Declaratory Judgments Act, my eye. It was dereliction of duty, seat of the pants justice from beginning to end. On my third try, my case stuck. The IRS admitted that it had “wrongfully” collected tax from me.
In Brushaber v. Union Pacific R.R., in 1916, the Supreme Court: “Under the seeming exercise of the taxing power, the taxing statute is so arbitrary as to compel the conclusion that it was not the exertion of taxation, but the confiscation of property, or is so wanting in basis for classification as to produce such a gross and patent inequity as inevitably to lead to the same conclusion,” in the guise of tax (section 7421), it is not tax; it is take.
In 1941, in Acker v. Commissioner, the U. S. Court of Appeals found that although income tax was high, it had not yet reached the point of take. In 1980, Solicitor General Wade H. McCree, Jr., in his Memorandum for the Respondent in Opposition of my case before the Supreme Court used Acker v. Commissioner to state, “the use of funds generated by the income tax for various social welfare purposes are ‘exclusively within the jurisdiction of the legislative and executive branches.’” He was lying.
In Flast v. Cohen, The Warren Court: “As we understand it, the government’s position is that the constitutional scheme of separation of power, and the deference owed by the federal judiciary to the other two branches of government within that scheme present an absolute bar to taxpayer suits challenging the validity of federal spending programs. The government views such suits as involving no more than the mere disagreement by the taxpayer ‘with the uses to which tax money is put.’ According to the Government, the resolution of such disagreements is committed to other branches of the Federal Government and not to the judiciary. Consequently, the government contends that under no circumstances should standing be conferred to federal taxpayers to challenge a federal taxing or spending program. An analysis of the function served by standing limitations compels a rejection of the government’s position.”
McCree went on to contend, again falsely, that my charges of fraud and harassment by the IRS were similarly without merit. The charges were based, wrote McCree, on an error made by the IRS. As it turned out, the “error” was made after the Tax Court had corrected the error. It was corrected again in district court and yet made again—two times in violation of court orders. It wasn’t an error. It was obstruction of justice.
I’m telling you like it is. Talk about weird, the current Attorney General and President refuse to enforce the law. I’m not a lawyer. I read the law as it is written. McCree, the Attorney General’s lawyer, trained in law school to be a professional liar, read the law and came up with bald faced lies the Supreme Court accepted. It goes with the territory. Lawyers and judges, all birds of a feather, liars scratching each other’s backs at the American people’s great cost, are a self-fulfilling prophecy. The law is nothing like America’s professional liars say it is. It is like I say it is, and I should know better than they. I’ve been on the receiving end of their gamesmanship. We taxpayers have to prove we don’t owe the tax when the IRS is allowed limitless mistakes. Give me a break!
You won’t get this kind of news from the media. It is too close to home. The income tax, thousands of pages of ambiguities aimed at hoodwinking taxpayers, the super-rich being favored, as it is being implemented, this tax is clearly unconstitutional. You people better throw out the IRS and income tax. I risked my life in World War II to save the world from this kind of law. I spent 11 years in court fighting the IRS. My tax case is on record. The United States and her courts are as weird as governments and courts can get. I’ve done my part. It is now up to the American people to turn the ship of state around.
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