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United States Government Attorneys deny that Internal Revenue Service is an agency of the United States Government. The following images are scanned copies of pleadings (certified by NARA) wherein a United States Attorney and a United States Department of Justice Trial Attorney, Tax Division, deny that Internal Revenue Service is an agency of the United States Government. See specifically page 2 of pleadings, item no. 4. The allegation by Diversified Metal Products,
Inc.,
Plaintiff,
for item
number 4 reads, "Defendant Internal Revenue
Service (IRS) is
an
agency of the United States government which has
presented to Plaintiff
a lien against monies to which Defendant Steve
Morgan, or
persumably[sic]
Defendant T-Bow Company Trust for him, may be
entitled." -------------------------- A Comment The
United
States Government was created by the
Constitution to conduct
certain affairs of the People of the several
States. To conduct
these affairs, Congress created various
offices, departments, and
agencies pursuant to its constitutional
authority at Article 1 §
8(18). Where the laying and collecting
of Article 1 § 8
taxes were concerned, Congress created the
Treasury Department with
various offices with one of those offices
being collector of internal
revenue. Collectors were officers of the
United States,
who
were appointed by the President with the
advice and consent of the
Senate. One
collector
was
to be appointed to each internal revenue
district, which
was designated by the President. The
office
of
collector of internal revenue was a public
office. Collectors
exercised
the
sovereign
authority
of the United States in the enforcement of the
internal
revenue laws and the collection of
taxes. They could sue or be
sued in the name of the United States.
In order for Congress to
collect taxes pursuant to Article 1 § 8,
collectors of internal
revenue are required within internal revenue
districts within the
several States. All collectors of
internal revenue were fired by the President
in 1952 and their duties
were assigned to personnel with the Bureau of
Internal Revenue.
The details of these actions are set out in Reorganization Plan No.
1 of 1952. What few Americans know or understand is that
Congress
has an implied constitutional authority to lay and
collect taxes that
has nothing to do with Article 1 § 8(1). That
constitutional
authority is Article 4 § 3(2). Congress
exercises its
legislative jurisdiction over large areas of land
(territory) within
the United States and also over a number insular
possessions, e.g.,
Puerto Rico, Guam, Virgin Islands, etc. Within
these areas,
Congress can act in the capacity of a state
legislature as well as a
national legislature. Congress can lay and
collect taxes within
these areas under its legislative jurisdiction just as
States do in
areas under their legislative jurisdictions.
Taxes laid pursuant
to Article 4 § 3(2) are not required to be collected
pursuant to
the demands of Article 1 § 8(18). Congress is
not required
to use collectors of internal revenue for those
taxes. As a
matter of fact, Congress can use any organization it
desires to collect
taxes laid pursuant to its constitutional authority at
Article 4 §
3(2). The Bureau of Internal Revenue/Internal
Revenue Service was
never created by Congress. Congress empowered
the Secretary of
the Treasury to collect taxes laid pursuant to Article
4 § 3(2)
and the Secretary created the BIR/IRS. The
Secretary can even use
private collection agencies to collect internal
revenue taxes laid
pursuant to Article 4 § 3(2) if he so chooses.
The
Constitution empowers Congress to make all needful
rules and
regulations for
its territory and other property and is otherwise
silent as to how
Congress conducts its business within these
areas. The Internal
Revenue Service has been defined by statute to be a
Federal agency and
is administering the internal revenue laws that have
been passed
pursuant to Congress' Art. 4 § 3(2) authority over its
territory
and other
property. The Federal income tax, Social
Security, and all other
taxes administered by the Internal Revenue Service are
being laid and
collected under Congress' Article 4 § 3(2)
authority. This
is the great secret and fraud underlying the Federal
income tax. If you wish to
understand how Congress is laying and
collecting the Federal
income tax then the book Why the Citizens of the
Several States Are
Not Generally Liable for the Federal Income Tax is required
reading. |







