· There are two distinct classes of men...those who pay taxes and those who receive and live upon taxes. “Income”-- as the term is used within, and in regard to, the tax code-- has a narrow legal meaning confined to the monetary proceeds from the exercise of federally privileged activities, such as holding or administering a government office, or working in one. If you get any of that, the income tax applies. Working at common (private sector) occupations is NOT a privileged activity, and is NOT taxable; and no language to the contrary will be found in the law. “Wages” and self-employment income, as used in connection with any tax statute, form, document, regulation, ATO instruction or publication, etc., are also narrow legal (statutory) terms, meaning remuneration for privileged-based activity, chiefly government employment, and explicitly NOT the proceeds or remuneration from common occupations, which are NOT taxable, and which are explicitly excluded from the law. “Employment”, “employee”, and trade or business, insofar as those words or phrases are used in connection with any tax statute, form, document, regulation, ATO instruction or publication, etc., are also narrow legal terms, referring chiefly to government work and workers, and explicitly NOT to private work and workers. That these words are narrowly defined, limited legal terms within the context of taxation is never forthrightly acknowledged in any ATO publication, and is, in fact, concealed by every means short of outright declaratory lie. Most private-sector companies, faced with instructions from the ATO that they are to do this or that with regard to wages paid to employees (which instructions leave to the reader the responsibility for knowing that, as used in such instructions, such terms can have only narrow, legally limited meanings), presume that the terms have the common meanings of the words they mimic. Thus, they require each new hire to sign a document authorizing the withholding of earnings, and each JULY they report, under penalty of perjury, that they paid wages to their workers who, themselves ignorant of the truth, not only do not rebut such erroneous claims but transfer the bad information to the wages line of a ATO FORM and then swear to the forms accuracy. Black’s Law Dictionary defines “direct tax” as “One which is demanded from the very persons who it is intended or desired should pay it. Indirect taxes are those which are demanded from one person in the expectation and intention that he should indemnify himself at the expense of another”. (In other words, if liability for the tax falls on the one from whose resources it is paid, or the tax is unavoidable by that one, it is a direct tax). The income tax is an indirect excise tax on activity associated with the optional exercise of privilege, measured by its proceeds. Didnt you ever wonder just how you could be required to execute a legal instrument such as a tax return? No rule or sanction hinders our goverment from deliberately crafting statutes so as to mislead the untutored. It is axiomatic (and the law) that terms and phrases within a statute for which definitions are provided DO NOT have their common meanings as used therein. Inclusio unius est exclusio alterius. The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. ... This doctrine decrees that where law expressly describes [a] particular situation to which it shall apply, an irrefutable inference must be drawn that what is omitted or excluded was intended to be omitted or excluded. Blacks Law Dictionary, 6th edition. An executed document which declares or implies a particular legal status of either its signer or its subject stands as legal evidence of that status and, if unrebutted or uncorrected, establishes enforceable obligations and infirmities. The Law means what is says, and says what it means. If you experience doubts or confusion as you read the code, ask yourself, Why is it written like this? Is it written like this because it means what its beneficiaries want me to believe that it means, or is it written like this because it doesnt mean what its beneficiaries want me to believe that it means? Recognize that it is no coincidence that everywhere in the code our goverment would be clearly exceeding its lawful authority if the section meant what it is hoped you will think it means, a key apparent ambiguity makes an appearance. Suddenly, at such points, we see includes in a definition that conveniently fails to mention or comprehend private citizens; or vague, complicated references to those made liable similarly shy of inconvenient, clarifying details. Suddenly there will be a confusion of references to other sections and subsections, and elaborate qualifiers and modifiers running hundreds or thousands of words in which the one pertinent element is buried. Keep this in mind, and dont be fooled, as you proceed. So, why do taxes keep getting taken out of my paycheck??!! And why do we hear about people being punished for not filing tax returns? Because you and the company for which you work have executed documents declaring you either to be a government or territorial sr state employee-- receiving privileged, taxable wages-- or to be involved in the conduct of a public office!!
Posted on: Mon, 14 Jul 2014 07:01:43 +0000
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