Aug 15 • General discussion
Sadly I had to remove a member
The gentleman continued to very artfully (very similar to how Marshall Applewhite convinced the Heaven's Gate Cult to take their own lives; I will make a post on that as it is something we are all vulnerable to) present a theory of law without any caselaw supporting his theory of law.
Proving with caselaw is one of our rules and I try not to be ultra-strict about it, but this was too much. All of us need to focus and do what the winners do and avoid what the losers did.
I've completed verification research on the theories being promoted.
EVERY SINGLE FEDERAL CIRCUIT has explicitly rejected these theories as "patently frivolous."
VERIFIED FACTS:
- United States v. Benabe (7th Cir.): "These theories should be rejected summarily"
- United States v. Mundt (6th Cir.): "completely without merit and patently frivolous"
- Henry v. Fernandez Rundle (11th Cir.): "no arguable legal basis"
REAL CONSEQUENCES:
- Court sanctions: $5,000+ penalties
- Criminal prosecution for tax theories
- Destruction of legitimate legal cases
- Contempt of court charges
NO FEDERAL COURT has EVER accepted:
- "Strawman" theories
- Article IV § 3 "status correction"
- "Equity citizenship" claims
- "Dual jurisdiction" theories
These theories have a documented 100% FAILURE RATE.
If someone cannot provide a published federal court decision (or state court) supporting their claims, DO NOT FOLLOW THEIR ADVICE.
DO NOT FOLLOW MY ADVICE, as I am not an attorney; I only try to educate so you can make decisions for yourself like an adult.
Caselaw trailing gift: US v Mundt (29 F.3d 233)
On the merits, defendant argues that the District Court lacked jurisdiction over him because he is solely a resident of the state of Michigan and not a resident of any “federal zone” and is therefore not subject to federal income tax laws. This argument is completely without merit and patently frivolous.
To put the argument to rest, we quote the following from a Tenth Circuit opinion in which the court was responding to an identical tax-protester argument.
[Defendant]^ motion to dismiss advanced the hackneyed tax protester refrain that federal criminal jurisdiction only extends to the District of Columbia, United States territorial possessions and ceded territories. [Defendant’s memorandum blithely ignored 18 U.S.C. § 3231 which explicitly vests federal district courts with jurisdiction over “all offenses against the laws of the United States.” [Defendant] also conveniently ignored article I, section 8 of the United States Constitution which empowers Congress to create, define and punish crimes irrespective of where they are committed. See United States v. Worrall, 2 U.S. (2 Dali.) 384, 393, 1 L.Ed. 426 (1798) (Chase, J.). Article I, section 8 and the sixteenth amendment also empowers Congress to create and provide for the administration of an income tax; the statute under which defendant was charged and convicted, 26 U.S.C. § 7201, plainly falls within that authority. Efforts to argue that federal jurisdiction does not encompass prosecutions for federal tax evasion have been rejected as either “silly” or “frivolous” by a myriad of courts throughout the nation. In the face of this uniform authority, it defies credulity to argue that the district court lacked jurisdiction to adjudicate the government’s case against defendant.
... For seventy-five years, the Supreme Court has recognized that the sixteenth amendment authorizes a direct nonappor-tioned tax upon United States citizens throughout the nation, not just in federal enclaves, see Brushaber v. Union Pac. R.R., 240 U.S. 1, 12-19, 36 S.Ct. 236, 239-42, 60 L.Ed. 493 (1916); efforts to argue otherwise have been sanctioned as frivolous ....
United States v. Collins, 920 F.2d 619, 629 (10th Cir.1990) (citations omitted), cert. denied, 500 U.S. 920, 111 S.Ct. 2022, 114 L.Ed.2d 108 (1991).
4
6 comments
Sadly I had to remove a member
powered by
skool.com/lawgeeksorg-9513
Our truly and sincerely held mission is to teach law so that individuals can make their own decisions and take their matters before the judges. Deut19
Suggested communities
Powered by