[107100] in Cypherpunks
US Citizen vs Citizen of [one of] the United States
daemon@ATHENA.MIT.EDU (Soren)
Fri Jan 1 07:43:30 1999
Date: Fri, 01 Jan 1999 08:32:55 -0500
From: Soren <sorens@workmail.com>
To: cyphers <cypherpunks@cyberpass.net>
Reply-To: Soren <sorens@workmail.com>
> The Federal Employment "Kickback"
>
>
>
> The Federal Employment "Kickback"
>
> The Federal Employment "Kickback"
>
> In 1862, along with the The Income Duty of 1861, Congress passed an Act that passed into law what can only and most
> accurately be described as a Federal employment "Kickback" agreement. The text of the Act read:
>
> Salaries and Pay of Officers and Persons in the Service of the United States, and Passports.
>
> Section 86. And be it further enacted, that on and after the first day of August, eighteen hundred and sixty-two, there shall be
> levied, collected, and paid on all salaries of officers, or payments to persons in the civil, military, naval, or other employment or
> Service of the United States, including senators and representatives and delegates in Congress, when exceeding the rate of six hundred
> dollars per annum, a duty of three per centum on the excess above the said six hundred dollars; and it shall be the duty of all
> paymasters, and all disbursing officers, under the government of the United States or in the employ thereof, when making any
> payments to officers and persons as aforesaid, or upon settling or adjusting the accounts of such officers and persons, to deduct and
> withhold the aforesaid duty of three per centum, and shall, at the same time, make a certificate stating the name of the officer or
> person from whom such deduction was made, and the amount thereof, which shall be transmitted to the office of the Commissioner of
> Internal Revenue, and entered as part of the internal duties; and the payroll, receipts, or account of officers or persons paying such
> duty, as aforesaid, shall be made to exhibit the fact of such payment.
> ...[balance of section 86 applied to passports]
>
>
> Please note that the ONLY people who are subject to this duty ARE FEDERAL EMPLOYEES. The EFFECT of Section 86
> identifies what it really is - a KICKBACK of part of the property agreed under contract to be paid for labor of Federal
> government employees. By this Act the amount of compensation contractually agreed to was diminished by one party to the
> agreement (Congress), without the consent of the other party (the federal employee). A unilateral change in the employment
> contract of all persons already in the employ of the Federal government was not legal just because Congress promulgated it
> as a law, and the conduct of the United States judges for the next 70 years proves it, as they REFUSED to pay this
> "duty" until after 1932. The result of arranging for the withholding of three percent of the compensation due Federal
> government employees under existing contracts was deprivation of property and liberty without due process of law, which is
> violative of the Fifth Amendment to the Constitution.
>
> In 1863 Supreme Court Chief Justice Taney sent a letter to the Secretary of the Treasury attacking implementation of
> Section 86 on the compensation of Federal judges as being unconstitutional. This letter was also published as a Supreme
> Court decision (157 U.S. 701). In it, Justice Taney states:
>
> "The Act in question, as you interpret it, diminishes the compensation of every judge three percent, and if it can be
> diminished to that extent by the name of a tax, it may in the same way be reduced from time to time at the pleasure of
> the legislature."
>
> Here you can see that the judges understood the effect of this law was a diminishment by the name of a tax". They knew
> it was not an actual tax, BUT A FORCED DEBT OBLIGATION. In this country THERE EXISTS NO CIRCUMSTANCE under
> which a person lawfully can be forced to accept a debt agasint their will. The judges chose to exercise their right to
> REFUSE TO ACCEPT THIS DEBT.
>
> The facts presented above were expressed by the Supreme Court in Pollock v Farmer's Loan & Trust Co. in 1895 where
> they said:
>
> "Subsequently, in 1869, .... The question arose whether the law which imposes such a tax upon them was constitutional. The opinion of
> the Attorney General thereon was requested by the Secretary of the Treasury. The Attorney General, in reply, gave an elaborate
> opinion advising the Secretary of the Treasury that no income tax could be lawfully assessed and collected upon the salaries of
> those officers who were in office at the time the statute imposing the tax was passed, holding on this subject the views
> expressed by Chief Justice Taney. His opinion is published in Volume XIII of the Opinioin of the Attorney General, at page 161. I am
> informed that it has been followed ever since without question by the department supervising or directing the collection of the public
> revenue."
>
> The "kickback" program illegally forced a three percent debt obligation upon Federal government employees working under an
> existing employment agreement in 1862. However the "kickback" program established by Section 86 was legal when applied
> to the salary of persons who took employment with the Federal government after the Act was passed because they were on
> notice that a three percent kickback was part of their employment agreement. Thus, legal and illegal kickbacks existed
> then, and though they have changed form, they exist today as well.
>
> THIS "TAX" (Duty), ONLY APPLIES TO FEDERAL EMPLOYEES. It is these two acts from the 1860's, the Income Duty
> and the Federal Employment "kickback", whose provisions have been intentionally blurred and mingled with the Social Security
> provisions, that have become today's so-called income tax, NOT BY PROPER CHANGES IN THE LAW, but by improper
> enforcement procedure by a RENEGADE IRS, brutally and illegally intimidating and persecuting good American citizens in
> order to force them to pay a so called "income tax" that they LEGALLY NEVER OWED in the first place, BECAUSE THEY
> WERE NEVER SUBJECT TO IT UNDER THE LAW BECAUSE THEY NEVER WORKED FOR THE FEDERAL GOVERNMENT !!!
>
> excerpted from:
>
> IRS HUMBUG - The BEST book on the Market !
>
> by Frank Kowalik
>
excerpted from http://www.tax-freedom.com
