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[COMMENT: See
other
articles on the IRS. You hear it said that no one is winning against
the IRS. That is not so, and the fellow below is not the only one.
See We, the People at
http://www.givemeliberty.org/default.htm Also
www.losthorizons.com.
E. Fox]
www.wnd.com/news/article.asp?ARTICLE_ID=56855
THE POWER TO DESTROY
IRS loses challenge to prove tax liability
Lawyer is acquitted after arguing income levy lacks legal foundation
----
Posted: July 26, 2007
1:00 a.m. Eastern
By Bob Unruh
C 2007 WorldNetDaily.com
The Internal Revenue Service has lost a lawyer's challenge in front of a jury to
prove a constitutional foundation for the nation's income tax, and the
victorious attorney now is setting his sights higher.
"I think now people are beginning to realize that this has got to be the largest
fraud, backed up by intimidation and extortion and by the sheer force of taking
peoples property and hard-earned money without any lawful authorization
whatsoever," lawyer Tom Cryer told WND just days after a jury in Louisiana
acquitted him of two criminal tax counts.
And before you consign him to the legions of "tin foil hat brigades" who argue
against paying taxes, and then want payment to explain how to do that, he
addresses the issue up front.
"These snake oil peddlers have conned millions of dollars out of many
well-intended patriots and left a trail of broken lives in their wake. . These
charlatans should be avoided, not only because they will lead you to bankruptcy
and prison, but because by association they discredit those who are telling the
truth," he said.
The truth, he said, is where he comes in, with the launch of a new Truth Attack
website that is intended to build on his victory, and create a coalition of
resources to defeat - ultimately - the income tax in the United States.
The logo for the new Truth Attack campaign against income taxes
Although the legal citations in the case tend to run the length of paragraphs,
Newsbusters explained the substance of his arguments against the federal income
tax this way:
Quite simply, he proved that the definition of Income as defined by the Supreme
Court is NOT income from our labor, but rather things like interest and profit.
You CANNOT tax a person's labor because it is a God-given right that we may work
to support ourselves. If I charge you $500 to fix your toilet, what part
of that is profit or capital gain? The answer: You cannot decipher. Therefore,
you cannot tax something that is considered an equal exchange on labor. You fix
my toilet, I give you $500. It is quite simple.
If ever such an argument were to be presented widely, Cryer said, the income to
the federal government would plummet. But not to worry, he said, the expenses
could be reduced equally by eliminating programs, departments and agencies that
also have no foundation in the Constitution.
"The Founding Fathers intentionally restricted the taxing powers of the new
federal government as a measure of restraint on its size. By exceeding that
limited taxing authority the federal government has been able to obtain
resources beyond its intended reach, and that money has enabled the federal
government to exceed its authority," he said.
For example, he said, the Constitution does not empower the federal government
to regulate education, or employment, and agriculture, yet it does so.
The jury in U.S. District Court in Louisiana voted 12-0 to find Cryer, of
Shreveport, not guilty of failure to file income taxes for two years. He had
been indicted in 2006 on charges of failing to pay $73,000 to the IRS in 2000
and 2001. The next step in his personal case will be up to the IRS and
prosecutors, if they choose to continue the issue, he said.
But for the rest of the nation, he's working with Save-a-Patriot, the Free
Enterprise Society, Live Free Now and his own Lie Free Zone to spread the
message of the truth.
"There are three points that are important," he told WND. "There's no law making
the average working man liable [for income taxes], there's no law or regulation
that allows the IRS to contend that earnings are 100 percent profit received in
exchange for nothing, and the right to earn a living through any lawful
occupation is a constitutionally protected fundamental right, and it is exempt
from taxation."
Spokesman Robert Marvin in Washington's IRS office told WND the Internal Revenue
Code provides for taxation on salaries or wages, but when pressed for a specific
citation, or constitutional provision, he said, "I can't comment."
Cryer's encounter with tax law began more than a decade ago when a friend told
him the income tax was sham. Cryer started researching, hoping to keep his
friend out of trouble. But his conclusions, after years of research, were
exactly what his friend told him.
He researched not only tax laws, but also the documents pertaining to the
drafting of the U.S. Constitution as well as the first income tax.
He said throughout his battle, he's offered at every turn to pay taxes if the
IRS could show him the authorization, and that never has happened.
"The Criminal Investigation Division and Department of Justice both responded
only with 'your position is frivolous.' I had never stated a position, so how
could they know whether it was frivolous?" he said. "Imagine my sending you a
bill for $1,000 and when you call me and ask what the bill was for I simply
said, 'that position is frivolous, just write the check and send it in.'"
His acquittal, he said, was a precedent because it means "people can see and
recognize the truth."
He said multiple Supreme Court opinions have affirmed an individual's ownership
of his or her own labor, and "exercising your fundamental rights" is not
taxable. "It is definitely a trade. What most people receive in the form of
wages, salaries or in my case fees that they personally earned for their labor
is not received in exchange for nothing."
He said there might be a profit that should be taxable, but there might not.
"The IRS lets Wal-Mart sell a trillion dollars worth of goods, but they can back
out their cost of goods [before being taxed,]" he said. "The IRS considers, in
the case of a Wal-Mart wage earner, 100 percent of what he takes in is profit."
"But he's using his life, energy and work lifespan, and depleting it as he
goes," Cryer told WND. "[Working] is a God-given fundamental right that is
protected under the Constitution and can't be taxed any more than exercising
freedom of speech."
While he waits to see what, if anything, the IRS and Justice Department will do
next in his case, he's working to coordinate the groups that are battling
taxation as unconstitutional.
"I have started a campaign to unify [the work] and we've got a number of
organizations that are sponsoring and supporting this campaign," he said. The
goal is to get everyone "who is aware of the truth" organized so they can spread
the word.
He warned without a restoration of constitutional basics, the nation is lost.
"Read your Constitution and you will see that the federal role does not include
ANY authority to regulate or tax any citizen directly and that WE expressly
reserved the right to rule and govern ourselves as States, not as mere political
subdivisions," his website says.
"The Constitution does not allow the government to run your lives, but the money
it is stealing from millions of Americans is the fuel for its over-reaching and
kibitzing. Take the money back and we and our states and communities can again
be free," he said.
The fight is over "our FREEDOM from rule by a DISTANT RULER, just as we fought
to free ourselves of a distant England over 200 years ago," he said.
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