Author Topic: Liberterianism at Night.  (Read 126 times)

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Offline Dale Eastman

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Liberterianism at Night.
« on: March 12, 2022, 09:58:56 AM »
Quote from: 1119 12 Mar 2022
Federal Income Tax Law.

You don't know what you don't know.

Now that I have your attention...

Quote from: 1119 12 Mar 2022
I see there are three admins for this group. One that has invited me into this group twice. If I am to be ejected from this group because I conclude that most of the members only give lip-service to liberty and don't really give a shit about liberty, then please do so now before I spend time educating the... the... um... majority of members in this group who have no fucking clue about U.S. Federal income taxes.

If not ejected, what will follow will be quotes of the actual written words of law. Something that F'tard couldn't handle in a discussion about said tax laws, so he was compelled by I don't know what in his muddled mind which motivated him to block me and delete all his posts.

https://www.facebook.com/groups/245924630956441/posts/293629819519255/
https://www.facebook.com/groups/245924630956441/posts/293629819519255/?comment_id=293817892833781
https://www.facebook.com/groups/245924630956441/permalink/293629819519255/?comment_id=293874906161413
https://www.facebook.com/groups/245924630956441/permalink/293629819519255/?comment_id=294348596114044
https://www.facebook.com/groups/245924630956441/posts/293629819519255/?comment_id=296324349249802
« Last Edit: March 16, 2022, 05:50:18 PM by Dale Eastman »
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Offline Dale Eastman

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Re: Liberterianism at Night.
« Reply #1 on: March 12, 2022, 05:14:54 PM »
Quote
Previous post:
https://www.facebook.com/groups/245924630956441/posts/293629819519255/

Understand that this sentence has been edited for clarity and focus, excised from the following words of law:

Each agency [the IRS] shall separately state and currently publish in the Federal Register for the guidance of the public-- rules of procedure, descriptions of forms available [...] and instructions as to the scope and contents of all papers, reports, or examinations; [...] and statements of general policy or interpretations of general applicability formulated and adopted by the agency [by the IRS];

Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published.

My comments will be below the link to the dot gov source of the following words.


Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I - THE AGENCIES GENERALLY
CHAPTER 5 - ADMINISTRATIVE PROCEDURE
SUBCHAPTER II - ADMINISTRATIVE PROCEDURE
Sec. 552 - Public information; agency rules, opinions, orders, records, and proceedings

Sect. 552. Public information; agency rules, opinions, orders, records, and proceedings
(a) Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public--
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published.

https://www.govinfo.gov/content/pkg/USCODE-2018-title5/html/USCODE-2018-title5-partI-chap5-subchapII-sec552.htm

If stuff is not published in the Fed Register, it has NO applicability.
This law tells the IRS what they are required to do.


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« Last Edit: March 12, 2022, 07:55:18 PM by Dale Eastman »
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Re: Liberterianism at Night.
« Reply #2 on: March 12, 2022, 07:44:49 PM »
Prior post:
https://www.facebook.com/groups/245924630956441/posts/293629819519255/?comment_id=293817892833781


Understand that this sentence has been edited for clarity and focus.

Publication in the Federal Register— the IRS is required under 5 U.S.C. 552(a)(1), to state separately and publish currently in the Federal Register for the guidance of the public the following information—
Rules of procedure, [...] instructions as to the scope and contents of all papers, reports, or examinations; (D) Substantive rules of general applicability adopted as authorized by law, [...] Pursuant to the foregoing requirements, the Commissioner publishes in the Federal Register from time to time [...] and the various substantive regulations under the Internal Revenue Code of 1986, such as the regulations in part 1 of this chapter (Income Tax Regulations)

Effect of failure to publish. Except to the extent that a person has actual and timely notice of the terms of any matter referred to in paragraph (a)(1) of this section which is required to be published in the Federal Register, such person is not required in any manner to resort to, or be adversely affected by, such matter if it is not so published

⚠ If a rule is not published in the Federal Register it has no effect. Conversely, if it is published then it has been properly promulgated ⚠

Title 26: Internal Revenue
PART 601—STATEMENT OF PROCEDURAL RULES
Subpart G—Records (Note)

§601.702   Publication, public inspection, and specific requests for records.

(a) Publication in the Federal Register—(1) Requirement. (i) Subject to the application of the exemptions and exclusions described in the Freedom of Information Act, 5 U.S.C. 552(b) and (c), and subject to the limitations provided in paragraph (a)(2) of this section, the IRS is required under 5 U.S.C. 552(a)(1), to state separately and publish currently in the Federal Register for the guidance of the public the following information—

(A) Descriptions of its central and field organization and the established places at which, the persons from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions, from the IRS;

(B) Statement of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures which are available;

(C) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(D) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the IRS; and

(E) Each amendment, revision, or repeal of matters referred to in paragraphs (a)(1)(i)(A) through (D) of this section.

(ii) Pursuant to the foregoing requirements, the Commissioner publishes in the Federal Register from time to time a statement, which is not codified in this chapter, on the organization and functions of the IRS, and such amendments as are needed to keep the statement on a current basis. In addition, there are published in the Federal Register the rules set forth in this part 601 (Statement of Procedural Rules), such as those in paragraph E of this section, relating to conference and practice requirements of the IRS; the regulations in part 301 of this chapter (Procedure and Administration Regulations); and the various substantive regulations under the Internal Revenue Code of 1986, such as the regulations in part 1 of this chapter (Income Tax Regulations), in part 20 of this chapter (Estate Tax Regulations), and in part 31 of this chapter (Employment Tax Regulations).

(2) Limitations—(i) Incorporation by reference in the Federal Register. Matter which is reasonably available to the class of persons affected thereby, whether in a private or public publication, shall be deemed published in the Federal Register for purposes of paragraph (a)(1) of this section when it is incorporated by reference therein with the approval of the Director of the Office of the Federal Register. The matter which is incorporated by reference must be set forth in the private or public publication substantially in its entirety and not merely summarized or printed as a synopsis. Matter, the location and scope of which are familiar to only a few persons having a special working knowledge of the activities of the IRS, may not be incorporated in the Federal Register by reference. Matter may be incorporated by reference in the Federal Register only pursuant to the provisions of 5 U.S.C. 552(a)(1) and 1 CFR part 20.

(ii) Effect of failure to publish. Except to the extent that a person has actual and timely notice of the terms of any matter referred to in paragraph (a)(1) of this section which is required to be published in the Federal Register, such person is not required in any manner to resort to, or be adversely affected by, such matter if it is not so published or is not incorporated by reference therein pursuant to paragraph (a)(2)(i) of this section. Thus, for example, any such matter which imposes an obligation and which is not so published or incorporated by reference shall not adversely change or affect a person's rights.

https://www.ecfr.gov/current/title-26/chapter-I/subchapter-H/part-601/subpart-G/section-601.702

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« Last Edit: March 13, 2022, 02:08:46 PM by Dale Eastman »
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Offline Dale Eastman

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Re: Liberterianism at Night.
« Reply #3 on: March 13, 2022, 01:47:55 PM »
This one is pretty simple to understand.

The IRS develops instructions that explain the requirements of the tax law. The instructions are to help the taxpayer comply with the tax law. The instructions lead the taxpayer "step-by-step" through the data needed to accurately report information required by the tax law.

26 CFR 601.602
Subpart F_Rules, Regulations, and Forms

Sec. 601.602 Tax forms and instructions.
(a) Tax return forms and instructions. The Internal Revenue Service develops forms and instructions that explain the requirements of the Internal Revenue Code and regulations. The Service distributes the forms and instructions to help taxpayers comply with the law. The tax system is based on voluntary compliance, and the taxpayers complete and return the forms with payment of any tax owed.
(b) Other forms and instructions. In addition to tax return forms, the Internal Revenue Service furnishes the public copies of other forms and instructions developed for use in complying with the laws and regulations. These forms and instructions lead the taxpayer step-by-step through data needed to accurately report information required by law.

https://www.govregs.com/regulations/title26_chapterI-i21_part601_subpartF_section601.602


The Form 1040 Instructions Say...

On page 9 of the 2019 IRS Form 1040 instructions within Chart A you will find this instruction:

    **Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax, including any income from sources outside the United States or from the sale of your main home [...]

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf#en_US_2019_publink24811vd0e829


On page 20 of the 2019 IRS Form 1040 instructions you will find this instruction:

    Income
    Generally, you must report all income except income that is exempt from tax by law.

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf#en_US_2019_publink24811vd0e4436

This issue of income that IS exempt will be examined later. Before that, the definition of income actually taxed will be examined.

On page 20 of the 2019 IRS Form 1040 instructions you will find this instruction:

    Foreign-Source Income
    You must report unearned income, such as interest, dividends, and pensions, from sources outside the United States unless exempt by law or a tax treaty. You also must report earned income, such as wages and tips, from sources outside the United States.

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf#en_US_2019_publink24811vd0e4436

These words are in the step-by-step instructions published in every 1040 instruction booklet I have examined. Usually just above the instructions for line 7 on the form.

    This is an instruction regarding what is required to be reported on the 1040.
    Wouldn't the IRS be remiss (negligent) if  such instructions omit telling you to supply data that the law requires?

In every Form 1040 instruction booklet I have examined, there are no words stating: 'You must report earned income,such as wages and tips, from sources INSIDE the United States.

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Re: Liberterianism at Night.
« Reply #4 on: March 16, 2022, 05:10:49 PM »
    Publication 525 (2018), Taxable and Nontaxable Income

    Foreign income.
    If you're a u.s. citizen or resident alien, you must report income from sources outside the United States (foreign income) on your tax return unless it’s exempt by U.S. law. This is true whether you reside inside or outside the United States and whether or not you receive a Form W-2, Wage and Tax Statement, or Form 1099 from the foreign payer. This applies to earned income (such as wages and tips) as well as unearned income (such as interest, dividends, capital gains, pensions, rents, and royalties). If you reside outside the United States, you may be able to exclude part or all of your foreign source earned income. For details, see Pub. 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.
https://www.irs.gov/publications/p525#en_US_2018_publink1000229069


The IRS Publication 525 does not have these words anywhere in the Publication:

    If you're a U.S. citizen or resident alien, you must report income from sources inside the United States (domestic income) on your tax return unless it’s exempt by U.S. law.

    The step-by-step instructions for complying with the law do NOT say to report earned income from sources INSIDE the United States.
    If the law requires you to report earned income from sources INSIDE the United States, wouldn't the IRS be remiss (negligent) if the instructions failed to state, 'You must report earned income, such as wages and tips, from sources INSIDE the United States'?


A Lie by Omission?

Under the concept of the statutory construction canon Expressio unius est exclusio alterius (the express mention of one thing excludes all others), the express mention of income from sources outside the United States is meant to exclude income from sources inside the United States.

It is my opinion that the intent of who ever is in control of the IRS wants people to read the above instruction as if it stated:

    Foreign or Domestic Source Income
    You must report all unearned income, such as interest, dividends, and pensions, from sources inside or outside the United States unless exempt by law or a tax treaty. You also must report all earned income, such as wages and tips, from sources inside or outside the United States.

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