Saturday, June 1, 2013

Easy fix to IRS corruption


Easy fix to IRS corruption

Exclusive: Matt Barber pushes idea that forces agency to act constitutionally

Published: 20 hours ago
Matt Barber is an attorney concentrating in constitutional law.    

Sir John Dalberg-Acton famously observed, “Power tends to corrupt, and absolute power corrupts absolutely.” No federal agency enjoys more power than the “absolute power” wielded by the Internal Revenue Service. It’s little wonder, then, that under this power-drunk Obama regime, the IRS has become “corrupted absolutely.” It’s become the hammer to this president’s favorite nail: political dissent.

The bureaucratic cat’s out of the bag, and the evidence is undeniable. The Obama IRS has been illegally targeting conservative, Christian and Jewish groups and individuals for political retaliation, intimidation and, ultimately, destruction. These revelations have spurred calls for criminal prosecution and even impeachment. Still, little has been said about how to prevent such Stalinist abuses of power in the future. 
We’ve been over-thinking the problem. Sometimes complicated questions come with easy answers. I wish I could take credit for it, but while I was participating in a recent meeting in Washington, D.C., Judson Phillips, founder of Tea Party Nation, hit on the simple solution. “The Constitution is a great place to go in order to rein in the rampant and repeated abuses at the IRS,” he suggested. Namely, the Fourth Amendment, which guarantees the following:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No individual – and especially no federal agency – is above the law. Regrettably, and largely through both citizen and government acquiescence, the IRS has been brandishing arbitrary and extra-constitutional authority, unchecked, for well over a century.

Imagine if the Department of Homeland Security, the FBI, or the ATF suddenly began “searching” and “seizing” the “persons, houses, papers, and effects,” of millions of U.S. citizens every year without a warrant – without probable cause or even reasonable suspicion that any criminal or civil violation had occurred. People would be outraged, and for good reason. Such actions would rightly and universally be decried as unconstitutional. The lawsuits would fly, heads would roll and the courts would immediately shut down such “unreasonable searches and seizures.” This is exactly the kind of government tyranny our founders endeavored to thwart.

So why has the IRS been allowed to do just that – to violate, systemically and systematically, the Fourth Amendment? How is it that this one federal agency, with neither probable cause nor a warrant, is permitted to invade your privacy and confiscate your “houses, papers and effects” on a whim? How is it that if you fail to comply with their warrantless searches and seizures, they have the authority to ruin you financially and even throw you in prison?
No warrant? No problem. When the IRS arbitrarily and capriciously says “jump,” America opens its doors wide and says, “how high?” Is this the IRS or the ISS? Either way, it’s time that “we the people” put an end to this unconstitutional abuse of power.

At least some good has come from Mr. Obama’s IRS-gate scandal. It’s exposed the unprecedented depths to which corruption has weaseled its way from the top down. It’s also underscored the autocratic nature of the contemporary IRS beast. It’s unified many Republicans, Democrats and independents around this fundamental reality: America must de-politicize the IRS.

Politicians on both sides of the aisle love to pay lip service to a need for “tax reform.” Well, honorable sirs and madams, put up or shut up. It’s time for a new federal “Taxpayer Bill of Rights.” A centerpiece to such legislation must be the simple codification of that which the Fourth Amendment already mandates; namely, that, when conducting “searches and seizures” (aka, audits), the IRS must adhere to the same U.S. Constitution that restricts every other federal agency.

Such a bill, notes Phillips, “would codify as federal law that no IRS audit (or any other agency audit) of a person, organization or business could be conducted without first having the IRS agent (or agent of the agency conducting the audit) to prepare an affidavit that is sworn to in front of a federal judge, federal magistrate or a tax court judge that states with specificity why there is probable cause to believe the audit will result in either the discovery of criminal activities or the discovery of civil wrong doing. It will be the functional equivalent of a search warrant.”

Phillips is on to something big here. Especially when you consider this last minor factoid: The IRS is also the OEA: the “Obamacare enforcement agency.”

If that doesn’t send a chill down your spine, then nothing will.

What do you get when you cross one tyrannical, hyper-politicized bureaucratic beast with another?

You get tyranny on steroids. You also get one happy Barack Hussein Obama.

Contact your legislators and A) respectfully request that they re-constitutionalize the IRS; B) that the IRS be required to observe the Fourth Amendment; and C) that they hold this president accountable for his unprecedented and despicable abuse of executive authority.
Finally, request that Congress pass a new Taxpayer Bill of Rights that covers “all of the above.”

Read more at http://www.wnd.com/2013/05/easy-fix-to-irs-corruption/#G64zdHhZmPSzP7CR.99

7 comments:

Anonymous said...

If this writer was smart he would know the IRS is NOT a Federal Agency at all!!!

Anonymous said...

Who thinks that Matt Barber can do or say anything that will "force" the irs or "treasury" or doj(sic) or the "judiciary" to obey the Constitution? After all that has happened, especially since the 1980's against the "tax patriots", it has been proven that the deck is stacked against the patriot and the patriot is not going to be able to provide or show any evidence of "the law" in a trial because the judge controls what "the law" is in "his court". Don't tell me about Vernice Kuglan(sp) or Tommy Crier and how they "won" their cases. Cryer's was a fluke because he had the adversary backed into a corner and they knew it, so they reduced his charges to one charge that they knew on which he would prevail, and that they would only have one wound to lick instead of several!
Until the corrupt judges and the adversary's corrupt lawyers are held accountable, really accountable, thru JAIL and FINES, or maybe caining too, the status quo will remain, and we the people will continue to suffer!
out (for now)

Jay W said...

Hello Read Between The Lines , this man is an Attorney a copyrighted term for a member of the B.A.R.
he could not tell us the truth if his life depended on it . Yet here he is just for us , we really should trust every word his forked tongue puts out..........

Anonymous said...

Or a LAWFULLY ESTABLISHED dept/agency either!

Anonymous said...

You are not a tax payer unless you chose to be. The I.R.S. is not legit they are so unconstitutional they are based out of Puerto rico. Their correspondence to you says in black and white that paying is" voluntary compliance. " If you do your research like I have done, there's all shorts of laws and also codes believe it or not that you can use to nullify the contract you signed with them. That's where they get you when you sign you are volunteering to comply. Now you are under contract and subject to prosecution if you fail to fulfill your contractual obligations. Remember if you participate in a criminal activity your just as guilty as the people running the scam.

Anonymous said...

Why fix something that is bogus in the first place?

Anonymous said...

Have you ever searched Title 26 for the work "LIABLE?" Be sure to read to the end. A big surprise!

(This site easy to use: http://www4.law.cornell.edu/uscode/index.html)


What you find is Very Interesting!! Too many hits to list here (hint: look them up yourself), but here is a representative sampling:


These three sections are referred to in IRS info inserts:

Sec. 6001. Notice or regulations requiring records, statements, and special returns

Every person liable for any tax imposed by this title, or for the collection thereof, shall keep such records [etc.]

Sec. 6011. General requirement of return, statement or list (a) General rule - When required by regulations prescribed by the Secretary, any person made [read: who is] liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement.

Sec. 6012. Persons required to make returns of income.
(a) General Rule - Returns with respect to income taxes under subtitle A shall be made by the following: [etc.]


NOTE: Does one not first have to be "liable" in order to be "required?"


Use of the word "liable" in other sections:

Sec. 6303. Notice and demand for tax
(a) General rule - Where it is not otherwise provided by this title, the Secretary shall, as soon as practicable, and within 60 days, after the making of an assessment of a tax pursuant to section 6203, give notice to each person liable for the unpaid tax, [etc.]

Sec. 6321. Lien for taxes
If any person liable to pay any tax neglects or refuses to pay the same after demand, [etc.]

Sec. 6331. Levy and distraint
(a) Authority of the Secretary
If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, [etc.]

Sec. 7203. Willful failure to file return, supply information, or pay tax
Any person required [note: if they are first liable] under this title to pay any estimated tax or tax, [etc.]

Sec. 7602. Examination of books and witnesses
(a) Authority to Summon, etc.
(2) To summon the person liable for tax or required to perform the act, [etc.]


NOTE: Now, who are some persons "liable" in Title 26 to pay the tax?

Sec. 4401. Imposition of tax
(c) Persons liable for tax
Each person who is engaged in the business of accepting wagers shall be liable for and shall pay the tax under this subchapter on all wagers placed with him. Each person who conducts any wagering pool or lottery shall be liable for and shall pay the tax under this subchapter on all wagers placed in such pool or lottery. [etc.]

Sec. 5005. Persons liable for tax
(a) General - The distiller or importer of distilled spirits shall be liable for the taxes imposed thereon by section 5001(a)(1)
(b)(1) Liability of persons interested in distilling - Every proprietor or possessor of, and every person in any manner interested in the use of, any still, distilling apparatus, or distillery, shall be jointly and severally liable for the taxes imposed by law on the distilled spirits produced therefrom.

Sec 5043. Collection of taxes on wines
(a) Persons liable for payment
(1) Bonded wine cellars
(2) Foreign wine
(3) Other wines

Sec. 5418. Beer imported in bulk
The proprietor of a brewery to which such beer is transferred shall become liable for the tax on the beer withdrawn [etc.]

Sec. 5703. Liability for tax and method of payment
(a) Liability for tax
(1) Original liability - The manufacturer or importer of tobacco products and cigarette papers and tubes shall be liable for the taxes imposed thereon by section 5701 [etc,]

Sec. 5751. Purchase, receipt, possession, or sale of tobacco products and cigarette papers and tubes, after removal
(b) Liability to tax
Any person who possesses tobacco products or cigarette papers or tubes in violation of subsection (a)(1) or (a)(2) shall be liable for a tax equal to the tax on such articles.


As an American citizen, it does not appear that I am a "person liable" for any Title 26 taxes.

How about you?